INDEX OF DECISIONS AND APPENDIX.*

A.

Page.

Accounting Officers.

DISABILITIES OF:

Cannot decide on the necessity of appointing special deputy marshals
or on that of the number appointed. Reasons, discussion of sub-
ject, and illustrations.....

Cannot revise the discretion given to other officers. Reason, and
illustrations of rule...

....

Will not generally take any final action on a claim presented to
them, on which suit is pending against the United States in the .
Court of Claims.

DISCRETION OF -:

Reasons...

184-188

186-188

220, 225-227

The extent to which they are bound by decisions of Court of Claims,
and discussion of subject....

DUTIES OF:

Discussion of -

ESTOPPEL OF — :

The judicial common-law doctrine of res adjudicata and the so-called
estoppel produced thereby, is a law for courts, and may be applied
by them as to suitors therein. But beyond this it has no effect,
except to estop accounting officers from denying the validity of a
judgment of a court of claims unappealed from and for the pay-
ment of which Congress has made an appropriation...
JURISDICTION OF -:

Shall decide what persons, as attorneys or clients, shall receive drafts
in settlement of a judgment of a commission....

POWERS OF -:
Discussion of — .

237-246

80

237

1, 13, 18

80

Have the same authority to examine a refunding claim and pass on
its legal merits as the Commissioner of Internal Revenue.... 150, note.
In disallowing a chief supervisor's claim for compensation, they are
not subject to review by a circuit or district court of the United
States, or any judge thereof......

May allow or disallow claims payable out of appropriations....
Reserve right to make special orders concerning who should receive
drafts in payment of judgment certified to the Treasury Depart-
ment by a commission.....

....

.84, 87, 88

80, 81

1, 13, 14

* Prepared by Frank E. Anderson, of the First Comptroller's Office. Proof read by
Thomas Robinson and Frank E. Anderson.

333

Accounting Officers-Continued.

POWERS OF-Continued.

They have always maintained their right to exercise and ac tupon
their own judgment in allowing or disallowing claims. Even the
head of an executive department cannot control their judgment
in matters in which the law requires them to exercise that judg-
ment. Illustrations...

(See ACCOUNTS; COMPTROLLERS; EXECUTIVE OFFICERS; OFFICERS;
SECOND COMPTROLLER.)

Accounts.

ALLOWANCE OF:

Page.

241-243

Usage as to

104, 105

CERTIFYING:

Mode of-charged in part by act Feb. 22, 1875 (18 Stat., 333), which, to that extent, repeals Rev. Stat., sec. 846. How certified now.. SALARY-: (See VERIFICATION OF―, post.)

84,88

Act.

SETTLEMENT OF―:

Usual practice in cases such as that of the Central and South Amer-
ican Commissioners. Illustration.....

VERIFICATION OF-:

257

Fees for verification of salary accounts of permanent officers are not
by usage paid by the United States. But contra, as to affidavits
verifying bills for traveling expenses........
..105 and note, 106
Posmasters, post-office inspectors, and other agents of the Department

must verify salary and expense accounts at their own expense.. 107, note. (See CENTRAL AND SOUTH AMERICAN COMMISSIONERS, subtitle, Expenses of—, and see titles referring to particular officers, for accounts in which they are concerned. [e. g., CHIEF SUPERVISORS OF ELECTIONS, subtitle, accounts of -.])

CONSTITUTIONAL LIMITATION ON-:

The right to interest according to the terms of a contract, express or
implied, is a vested right, which, under the Constitution, cannot
be divested by a legislative act. But the act may change the
rate of interest prescribed by a pre-existing statute on causes of
action in tort given by statute, even though an action be pending
thereon. General discussion

137, 142-146 83, note.

Sept. 2, 1789, 1 Stat., 66, sec. 3, duties of the Comptroller......
Sept. 24, 1789, 1 Stat., 92, sec. 35, parties may manage their own

cases; United States attorney, his
duties and compensation; Attorney-
General of United States, his duties
and compensation

Jan. 31, 1823, 3 Stat., 723, sec. 2, officers or agents of the United

July 5, 1838, 5 Stat., 258, sec.
Feb. 11, 1846, 9 Stat.,

3, sec.

States to account quarter-yearly
16, enlistments and pay...

1, officers of the customs not allowed
more than pro rata compensation for
the time they may serve. .............

May 13, 1846, 9 Stat., 11, increase or reduction of number of privates

in regiments.....

Feb. 26, 1853, 10 Stat., 161, fees and costs allowed clerks, marshals,
and attorneys..................

Feb. 26, 1853, 10 Stat., 162, same as above
Feb. 26, 1853, 10 Stat., 166, sec. 3, same as above...

.42, 55, 60, 62, 64

46

Act-Continued.

Aug. 16, 1856, 11 Stat., 50, sec.

12, accounts for services when United
States are parties in interest merely
or when officers are sued, payment of.

March 2, 1861, 12 Stat., 218, suppression of slave trade
July 1, 1862, 12 Stat., 439, sec. 19, duties; collector to give notice that

July

they are due; 10 per cent. additional
for non-payment; collector to make
demand, and, on non-payment, to dis-
train and sell. Officer's duty in cases
of distraint. Return of goods, when.
Sale. Expenses and charges. What
exempt from distraint...

1, 1862, 12 Stat., 473, 474, income duty......
March 3, 1863, 12 Stat., 736, sec. 35, details to special service, how

made

March 3, 1863, 12 Stat., 741, sec. 11, district attorneys to have 2 per
cent. upon collections under revenue
laws, in full for costs and fees....

March 12, 1863, 12 Stat., 820, captured and abandoned property.. 36, 37, 40, 42,

June 30, 1864, 13 Stat., 240, sec. 46, proceedings in States where laws
cannot now be executed.......

June 30, 1864, 13 Stat., 312, sec. 19, marshals and clerks not to retain
more than maximum compensation..

52, note.

217

46

July 2, 1864, 13 Stat., 375, captured and abandoned property.. 36, 37, 40, 42,

March 3, 1865, 13 Stat., 469, internal revenue
July 24, 1866, 14 Stat., 221, sec. 2, aid in construction of telegraph
lines and Government use of them...
July 28, 1866, 14 Stat., 329, sec. 8, the protection given to revenue

May

May

officers extends to persons acting by
direction of the Executive under the
laws for the collection of abandoned
property, &c......

52, note.

108

112

37, 38, 40, 43, 44, 48
167, 175

31, 1870, 16 Stat., 140, elective franchise law
31, 1870, 16 Stat., 142, secs. 8, 9, 10, elective franchise law;

jurisdiction under-. Number of com-
missioners. Marshals and deputies.

Powers and duties of these officers... 165, 166

167

63

May
31, 1870, 16 Stat., 145, elective franchise law..........
June 22, 1870, 16 Stat., 162, sec. 5, Department of Justice; cases in the

urt of Claims and Supreme Court.

June 22, 1870, 16 Stat., 164, sec. 15, Department of Justice; supervis-

ory powers over accounts of strict
attorneys, &c., to be exercised by At-
torney-General.

June 28, 1870, 16 Stat., 168, certain holidays established in the District

July

May

12, 1870, 16 Stat., 251, sec. 2, unexpended balances of specific ap-

of Columbia....

propriations for any year, how applied,
&c....

31, 1870, 16 Stat., 254, naturalization laws amended; punishment
of crimes against the same

46

129

32

170

Act-Continued.

July 14, 1870, 16 Stat., 255, secs. 5, 6, election laws; afterwards repealed by act Feb. 28, 1871 (16 Stat., 440, sec. 18)..

...

Page.

167

Feb. 28, 1871, 16 Stat., 433, elective franchise law amended..167, 170, 171,175,

Feb. 28, 1871, 16 Stat., 434, sec. 2, elective franchise law. Supervisors

of elections....

Feb. 28, 1871, 16 Stat., 435, sec. 7, elective franchise law.

177

.....175, 177, 181 If the supervisors are molested, what they must do .....

181

Feb. 28, 1871, 16 Stat., 436, sec. 8, elective franchise law. Marshal and special deputies. Duties.....177, 178, 181

Feb. 28, 1871, 16 Stat., 440, sec. 18, elective franchise law. Repeal of certain sections of previous laws....

June 10, 1872. 17 Stat., 347, appropriations for sundry civil expenses of the Government......

167

167

June 10, 1872, 17 Stat., 348, appropriations for sundry civil expenses of
the Government. Judiciary... 167, 168, 170, 177

June 10, 1872, 17 Stat., 349, same as the above......
Apr. 3, 1874, 18 Stat., 25, appropriations for fortifications and other
works of defense......

June 20, 1874, 18 Stat., 101, appropriations for legislative, executive,

and judicial expenses.

June 20, 1874, 18 Stat., 109, sec. 3, appropriations for legislative, ex

ecutive, and judicial expenses. Extra
compensation restricted, except as to

171, 179

30

65,78

district attorneys, when.. 36, 42, 55, 56, 57, 58,

60, 61, 62, 63, 64, 71

June 20, 1874, 18 Stat., 110, sec. 5, appropriations for legislative, ex

ecutive, and judicial expenses. Unex

pended balances, what done with..27, 28, and

note, 29, 30, 31, 32, 33, 34, 135 June 22, 1874, 18 Stat., 199, commission of engineers for Mississippi River basin......

June 23, 1874, 18 Stat., 204, appropriations for sundry civil expenses of
the Government
June 23, 1874, 18 Stat., 231, appropriations for Post-Office Department.
June 23, 1874, 18 Stat., 237, appropriations for public works on rivers
and harbors...........

June 23, 1874, 18 Stat., 245, Court of Alabama Claims
June 23, 1874, 18 Stat., 246, sec. 4, Court of Alabama Claims. Pay of
judges, clerk, short-hand reporter, and

office expenses

June 23, 1874, 18 Stat., 249, sec. 18, court of Alabama Claims. Reg

ulation of counsel fees...

June 23, 1874, 18 Stat., 275, authorizing the Secretary of the Treasury to suspend work on the public buildings...

Feb. 10, 1875, 18 Stat., 313, appropriations for fortifications and other defenses....

Feb.

22, 1875, 18 Stat., 333, fees, costs, &c., regulated..... 22, 25, 42, 84, 88, 89, 102, 104, 157, 160, 173, 187 March 3, 1875, 18 Stat., 371, appropriations for sundry civil expenses..

30

Act-Continued.

March 3, 1875, 18 Stat., 401, sec. 8, appropriations for sundry civil ex-
penses. Actions against officers of
Congress..

March 3, 1875, 18 Stat., 456, appropriations for public works on rivers
and harbors...

March 3, 1875, 18 Stat., 481, "the set-off act".

........

Page.

40

29

130

.83, 137, 146, 147, 148, 234
Aug. 2, 1876, 19 Stat., 123, completion of Washington Monument....
Aug. 15, 1876, 19 Stat., 169, sec. 6, appropriations for legislative, ex-
ecutive, and judicial expenses. Pro-
hibition of requests for contributions
for political purposes......

Dec. 14, 1877, 20 Stat.,

Feb.

7, settlement of accounts of the United States
attorney for District of Columbia.....
28, 1878, 20 Stat., 25, sec. 2, silver-dollar coinage; international

conference

May 17, 1878, 20 Stat., 62, sec. 2, subletting mail-lettings without
consent, &c....

June 14, 1878, 20 Stat., 130, sec. 4, appropriations for deficiencies. Re-

port of balances carried to sinking
fund abolished. Accounts to be ex-
amined and settled...

June 19, 1878, 20 Stat., 167, general account of advances for naval ap-

propriations ....

Jan. 31, 1879, 20 Stat., 277, holidays in the District of Columbia. (Rev.
Stat., D. C., sec. 993, amended) .......
June 27, 1879, 21 Stat., 54, Washington Monument; completion of

foundation....

May 14, 1880, 21 Stat., 133, appropriations for the consular and dip-
lomatic service.....

June 15, 1880, 21 Stat., 228, appropriations for legislative, executive,
and judicial expenses. In the office
of Chief of Engineers....

June 16, 1880, 21 Stat., 260, appropriations for sundry civil expenses.
Fire-proof building, Washington.....

March 3, 1881, 21 Stat., 455, appropriations for sundry civil expenses.

Dec. 20, 1881, 22 Stat.,

Monetary commission....

1, legal holidays in District of Columbia.
(Rev. Stat., D. C., sec. 993, amended).
May 19, 1882, 22 Stat., 93, appropriations for fortifications and other
works of defense...

June 5, 1882, 22 Stat., 98, Court of Commissioners of Alabama

Claims; re-establishment of-

Aug.

Aug.

Aug.

5, 1882, 22 Stat., 267, appropriations for deficiencies, &c. De-
ductions of expenses of sale of Osage
Indian lands......
Aug. 5, 1882, 22 Stat., 284, appropriations for the naval service ...
Aug. 5, 1882, 22 Stat., 287, appropriations for naval service. Pay of
officers, &c...
7, 1882, 22 Stat., 302, appropriations for sundry civil expenses.
7, 1882, 22 Stat., 336, appropriations for sundry civil expenses.
Fees of commissioners...

Aug.

7, 1882, 22 Stat., 339, appropriations for sundry civil expenses.
Commission to negotiate commercial
treaty with Mexico

253

6 LAWR- -22