In re Proposed Reference by the Secretary of the Navy

Citations

• 53 Ct. Cl. 370
• 1918 U.S. Ct. Cl. LEXIS 141

Syllabus

<p>Judicial Code, Seos. 148 and 149, construction of; References hy Department heads. — The language of sections 148 and 149 of the Judicial Code contemplates the reference by a head of a department of a matter in which there is a claimant, to which the United States are defendants, and in which there is a money demand.</p> <p>Same. — Where a claim has been finally disposed of by this court under its general jurisdiction the same can not be reopened upon the application of the claimant nor indirectly presented again for consideration upon the application of someone else; the matter is res adjudicata.</p> <p>Same. — A claim or matter pending in a department which involves any controverted questions of fact or law in- order to be transmitted to this court under the provisions of section 148, Judicial Code, must be one for the “ guidance and. action ” of said department, and not one that is to be merely advisory.</p>