a judge and of the affection in which we hold him as a man, which to-day this bar tenders to Judge Barney upon the occasion of his retirement from the bench of this court. When Judge Barney became a member of the court in 1906 he had reached the full ripeness and maturity of his mental powers. Through an active practice of law in his native State extending over a period of 30 years he had acquired a profound and comprehensive knowledge of the common law, its principles and precedents. And by reason of his recent long and distinguished service in the halls of Congress as a Representative of that State he had acquired a thorough understanding of the relations, rights, and obligations that obtain between the Government and its citizens and the laws governing that enforcement. Thus he was amply equipped to at once take up the performance of that highly important public service which engrossed over 13 fruitful and constructive years of his life. To rehearse his performance of the onerous duties and responsibilities that are imposed upon a member of this court would be but a twice-told tale. The record thereof is written in the reports of our court, and it is a monument to his industry, fidelity, and ability as a judge. And those who have preceded me, in words eloquent with truth, have testified our appreciation of his thorough knowledge of the law, his integrity and ability as a judge, his clearness of perception, his quick comprehension of the vital issues involved in the contentions presented to the court, his patience and attention in the trial of causes, his courtesy and forbearance to counsel, and his impartial hearing of all the matters that arise in the vastly important litigation that engages the court. No contemplation of the judicial service of Judge Barney can be disassociated from the man himself, for upon the sterling elements of his character is built the superstructure that has made that service eminent. We know him as a just, upright, and impartial judge who has always conceded to those appearing before him the same integrity of purpose and honesty of conviction that he has maintained for himself. And he has been considerate of the rights and duties of suitors, whether weak or strong, 123060°-20-c c-vor. 54- yielding to each an attentive and courteous hearing of his cause, and only after an exhaustive consideration thereof coming to a legal conclusion that met the measure of his conscience. And now, having done his duty by his country and his people, and his desire to be relieved of further burden having been granted, he retires to enjoy the immunities and pleasures of private life and the honor and regard that his distinguished career as a public servant has well earned. We can only express our regret and sorrow at the severance of his official relations, but we can extend to him our heartfelt wish that the future holds for him many pleasant years filled with happiness and that in solace and satisfaction in the record of his long and creditable public career, not the least pleasing of his reflections may be that he possesses the high regard and affection of this bar. Chief Justice CAMPBELL. Gentlemen of the bar, we are glad to have with us on this occasion one of the former members of the court who has retired, an associate of Judge Barney. We had hoped to have the former Chief Justice present, but he was unavoidably detained. The court appreciates the kind things that have been said of Judge Barney in the addresses that have been made. We think he deserves to have such things said of him. A short time ago there was read from the bench a statement, which was also entered of record, that expressed in some measure the court's estimate of Judge Barney, and without reading it, that statement may be treated as part of the proceedings on this occasion. His associates held Judge Barney in high esteem for his many fine qualities of head and heart and we wish for him a long life of usefulness and peace. The fact of these proceedings will be spread upon the minutes of the court. Judge FENTON W. BOOTH. Just prior to the adjournment of the court last spring Judge Barney resigned. The written resignation was not accepted by the President until after the court adjourned, and hence no opportunity occurred to express our regret over the judge's departure and appreciation of his services and presence during the past years. Judge Barney came to the court in January, 1906, fresh from an extensive and active practice of the law, as well as an extended service in Congress. He brought to the court an active and very alert knowledge of the complicated and varied legal aspects of the litigation determined here. Possessed of high degree of judicial temperament it can be truthfully asserted that all his judicial labors were directed towards a thorough knowledge of the case in hand and the final attainment of justice. We shall miss our former associate. It was never difficult to get along with the judge, for personally he was extremely agreeable and congenial. We wish for him many years of life, and express the hope that surrounded by his family he may enjoy the retirement he has justly earned, looking back upon his service here with conscious pride and, we hope, happy thoughts of his former colleagues. In saying good-by we beg to assure him that those of us who remain in active service unhesitatingly attest to our great respect and esteem for him, both as an American citizen and a worthy judge. CASES DECIDED IN THE COURT OF CLAIMS. TERM OF 1918-19. THEODORE WEISBERGER v. THE UNITED STATES. [No. 32743. Decided December 2, 1918.] On the Proofs. Contract; res judicata; estoppel. Parties and their privies are concluded by a judgment of a court of competent jurisdiction upon every material issue clearly presented, or that properly might have been presented, by the pleadings, tried by the court and judgment rendered thereon. California Bridge & Con. Co., 50 C. Cls., 40, followed. The Reporter's statement of the case: Messrs. Nathan C. Richards and William B. King for the plaintiff. Mr. George R. Shields and King & King were on the briefs. Mr. Eugene W. Burr, with whom was Mr. Assistant Attorney General Huston Thompson, for the defendants. Messrs. William R. Norris and Will R. King were on the briefs. The primary consideration is the applicability of the doctrine of res judicata. The United States brought suit in the United States District Court for the Eastern District of Washington against the present claimant and the surety company for the excess cost of the construction work incurred by the United States in completing the contract work. A general verdict was rendered for the defendants, and the United States attorney moved for a judgment non obstante veredicto. The motion was overruled and judgment entered. Upon review by the Circuit Court of Ap 123060°--20-c c-VOL 54- -1 1 |