Rose v. United States

Court of Claims

Rose v. United States

59 Ct. Cl. 179, 1924 U.S. Ct. Cl. LEXIS 595, 1924 WL 2377

CourtUnited States Court of Claims

DecidedJanuary 21, 1924

DocketNo. B-109

StatusPublished

This text of 59 Ct. Cl. 179 (Rose v. United States) is published on Counsel Stack Legal Research, covering United States Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Rose v. United States, 59 Ct. Cl. 179, 1924 U.S. Ct. Cl. LEXIS 595, 1924 WL 2377 (cc 1924).

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Opinion

[181]*181MEMORANDUM BY THE COURT

This case was before the Comptroller General. On December 6, 1921, he held adversely to plaintiffs’ contention, resting his decision primarily upon a construction of the appropriation made by Congress for furnishing vocational rehabilitation to disabled veterans of the late war, holding, in effect, that inasmuch as the information sought and furnished concerned an independent investigation by a committee of the United States Senate, in no wise incident to the direct administration of the board itself, and not involved in its operation, it was obviously not a proper expense within the purview of the appropriation act, and the officials of the board were not legally authorized to incur it.

We have given the matter careful attention because of the manifest equities of the claim. Nevertheless, from a legal [182]*182aspect we think the Comptroller General’s ruling was correct, and. must dismiss the petition. The plaintiffs’ only remedy, in our opinion, is by direct appeal to Congress.

The petition is dismissed.

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[181]*181MEMORANDUM BY THE COURT

This case was before the Comptroller General. On December 6, 1921, he held adversely to plaintiffs’ contention, resting his decision primarily upon a construction of the appropriation made by Congress for furnishing vocational rehabilitation to disabled veterans of the late war, holding, in effect, that inasmuch as the information sought and furnished concerned an independent investigation by a committee of the United States Senate, in no wise incident to the direct administration of the board itself, and not involved in its operation, it was obviously not a proper expense within the purview of the appropriation act, and the officials of the board were not legally authorized to incur it.

We have given the matter careful attention because of the manifest equities of the claim. Nevertheless, from a legal [182]*182aspect we think the Comptroller General’s ruling was correct, and. must dismiss the petition. The plaintiffs’ only remedy, in our opinion, is by direct appeal to Congress.

The petition is dismissed.

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Bluebook (online)

59 Ct. Cl. 179, 1924 U.S. Ct. Cl. LEXIS 595, 1924 WL 2377, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rose-v-united-states-cc-1924.