United States v. New York; New York v. United States

Citations

• 160 U.S. 598
• 16 S. Ct. 402
• 40 L. Ed. 551
• 1896 U.S. LEXIS 2124

Syllabus

<p>Any claim made against an Executive Department, “involving disputed facts or controverted questions of law, where the amount in controversy exceeds three thousand dollars, or where the decision will affect a class of cases, or furnish a precedent for the future action of any Executive Department in the adjustment of a class of cases, without regard to the amount involved in the. particular case, or where any authority, right, privilege or exemption is claimed or denied under the Constitution of the United States,” may be transmitted to the Court of Claims by the head of such Department under Rev. Stat., § 1063, for final adjudication; provided, such claim be not barred by limitation, and be one of which, by reason of its subject-matter and character, that court could take judicial cognizance at the voluntary suit of the claimant.</p> <p>Any claim embraced by Rev. Stat., § 1063, without regard to its amount, and whether the claimant consents or not; may be transmitted under the act of March 3,1883, c. 116, to the Court of Claims by the head of the Executive Department in which it is pending, for a report to such Department of facts and conclusions of law for “ its guidance and action.”</p> <p>Any claim embraced by that section may, in the discretion of the Executive Department in which it is pending, and with the expressed consent of the plaintiff, be transmitted to the Court of Claims, under the act of March 3, 1887, c. 359, without regard to the amount involved, for a report, merely advisory in its character, of facts or conclusions of law.</p> <p>In every case, involving a claim of money, transmitted by the head of an Executive Department to the Court of Claims under the act of March 3, 1883, c. 116, a final judgment or decree may be rendered when it appears to the satisfaction of the court, upon the facts established, that the case is one of which the court, at the time such claim was filed in the Department, could have taken jurisdiction, at the voluntary sui