United States v. Child & Co.

79 U.S. 232, 20 L. Ed. 360, 12 Wall. 232, 1870 U.S. LEXIS 1185
CourtSupreme Court of the United States
DecidedOctober 30, 1871
StatusPublished
Cited by51 cases

This text of 79 U.S. 232 (United States v. Child & Co.) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Child & Co., 79 U.S. 232, 20 L. Ed. 360, 12 Wall. 232, 1870 U.S. LEXIS 1185 (1871).

Opinions

Mr, Justice MILLER

delivered the opinion of the court.

The claim of the appellees for the sum of $478,119.62 was examined by the special commission appointed by the President. It allowed the sum of $315,008.15 on the demand, and rejected the remainder of $163,111.47. The claimants accepted the sum so allowed by the commission, gave re[241]*241ceipts in full of the accounts included in the demand, and have brought this suit to recover the amount rejected by the commission.

These facts are undisputed, and part of the findings of the Court of Claims in thecase. If they stood alone they would bring i't within the principles laid down by this court in the' case of the United States against Adams. That case was twice argued before us and affirmed by a full bench, and as we are satisfied with the principles on which it was decided they must govern us iu passing on subsequent cases, so far as they fall within its rulings.

But the claimants contend that other facts found by. the. Court of Claims take this case out of the propositions laid down for the government of that case, and entitle them to an affirmance of the judgment rendered in their favor by the Court of Claims. An important difference between the-two is said to exist in the fact that Adams voluntarily submitted his claim to- the commission wre have mentioned, and the claimants in this case did not. And it is insisted that this submission constituted an important, if not a controlling-element iu the decision of the Adams case.

The court in discussing the question of the conclusiveness of a receipt which Adams had given in order to obtain possession of his vouchers, and which he asserted to have been obtained by duress, says: “ In the view we- have, taken of the case, the giving of the receipt is of no legal importance. The bar to any further legal demand against government does not rest upon this acquittance, but upon the voluntary submission of.the claims to the board;.the hearing and final decision thereon.fthe receipt of the vouchers containing, the .sum or account found due to the claimant, and the-acceptance of the payment of that amount under the act of Congress providing therefor.”

Counsel for the claimants construing the phrase “voluntary submission,” here used, to mean such a submission as would constitute the commissioners-a board of arbitrators, or at all events, such a submission as would render their decision legally conclusive, deny that the parties in the present [242]*242case ever made such a submission. As much importance, seems to have been given to this question by both parties, an order was obtained from this court on motion of the appellants directing the Court of Claims to make a more specific finding of facts on that subject. Such a supplementary finding is in the present record, and that court says, among other things, that the claims of the claimants were never submitted to said commission. But they further say in this supplementary finding, that the claimants had, in some manner not shown, to the court, presented or given notice of their claim against the United States to the said commission, but that they had not presented their original vouchers, or any proofs, to the said commission. They also find that the claimants appeared before said commission with witnesses, but what they testified to is not shown.

• Taking these findings together, it seems to us that the Court of Claims meant to say that the cUiimants did not submit their claims to the commission as arbitrators, or with intent that their decision should be conclusive, but that they did. present, their claims and did appear to support them with witnesses. This view of their meaning is confirmed by reference to their original finding, in which it is said that “ claimants on their part never submitted their vouchers to the arbitration or decision of tne commission.” No doubt these were the facts of the case; and as to this part of it they come fairly within the decision of the court in Adams’s case.

. In the opinion of the court then delivered, it is held that .this board had no authority to compel parties to submit theii claims to it, and that its decisions were not conclusive when they did submit them. The court, referring to the various ways open to claimants to obtain satisfaction of their demands, and after speaking of an application, to Congress, a suit in the Court of Claims, and a submission to this special commission, adds: “This tribunal afforded an additional advantage over others, namely, that if, after the hearing and adjustment of the claims, the claimants were not satisfied, they were free to dissent and look for redress to the only [243]*243legal tribunals provided in such cases.” And to the application of Adams to remaud the case to the court below, founded on the allegátion that the Court of Claims had made a mistake in finding that he had submitted his claim to the board, this court responds :

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Bluebook (online)
79 U.S. 232, 20 L. Ed. 360, 12 Wall. 232, 1870 U.S. LEXIS 1185, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-child-co-scotus-1871.