Hegwer v. United States

Citations

• 30 Ct. Cl. 405
• 1895 U.S. Ct. Cl. LEXIS 18
• 1895 WL 694

Syllabus

<p>On the defendants’ Motion.</p> <p>In January, 1872, a claim is allowed at $1,558 by tbe Commissioner of Indian Affairs, and approved by the Secretary of the Interior, and reported to Congress. Under the Act 3d March, 1885, it is returned by Congress for reexamination. The special agent recommends that $1,351 be allowed, and the Commissioner, $1,929. The Secretary decides that “in view of the conflicting character of the proof as to values the question as to the amount of loss sustained is submitted for the determination of Congress.”</p> <p>I.Where two valuations of property, the one by the Commissioner of Indian Affairs, and the other hy a special agent of the Department, are before the Secretary of the Interior, and he does not in terms approve either, but directs that the claim shall he reported and the amount of the loss be submitted for the determination of Congress, it is not an approval and allowance of either valuation within the intent of the Indian Depredation Act (26 Stat. L., 851, sec. 4), and the case is not an allowed claim entitled to priority ox consideration.</p> <p>II.The purpose of the Act Sd March, 1885 (23 Stat. L., p. 376), in respect to the damages sustained in Indian depredation cases was that the Secretary should cause such additional investigation to be made as would enable him to determine the value of property taken or destroyed. His judgment and determination, and not that of his subordinates was what Congress sought by the act.</p> <p>III.Tho provision in the act 1891, having reference to allowed claims in which the claimant is entitled prima facie to judgment, applies only to claims which have been examined and allowed under the act of 1885 and does not extend to claims examined and allowed under the Act 29th Mag, 1S72 (17 Stat. L., p. 190).</p>