Brandon v. United States
United States Court of Claims
The Reporters’ statement of the case: The grounds of the defendants’ motion are sufficiently set forth in the opinion of the court. 1. The Bowman Act (22 Stat. L., 485) was the first act to give jurisdiction to this court to find facts without a judgment, but this excluded claims barred by existing law. Many claims so barred were those for stores and supplies taken by the Army and for cotton seized by Treasury agents.
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The Reporters’ statement of the case: The grounds of the defendants’ motion are sufficiently set forth in the opinion of the court. 1. The Bowman Act (22 Stat. L., 485) was the first act to give jurisdiction to this court to find facts without a judgment, but this excluded claims barred by existing law. Many claims so barred were those for stores and supplies taken by the Army and for cotton seized by Treasury agents. (Burke v. United States, 21 C. Cls., 317; Ford v. United States, 19 C. Cls., 519.) 2. The Tucker Act, of March 3, 1887 (sec. 14, 24 Stat L., 508), authorized any bill for the…
1DissentHowey, Judge
The majority of the court refuse to take jurisdiction to hear any facts or to make findings and report same pursuant to the resolution of the Senate transmitting bill here for the investigation of this claim. The bill transmitted provides for the payment of the net proceeds received from the sale of certain cotton taken from the petitioner (and a number of others duly identified) by the military forces in 1863 and placed in the Treasury of the United States.
The question here is whether a claim arising under the act of March 12, 1863, is cognizable, for the purposes of an investigation, by…
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