SEC. 3469. Upon a report by a district attorney, or any special attorney or agent having charge of any claim in favor of the United States, showing in detail the condition of such claim, and the terms upon which the same may be compromised, and recommending that it be compromised upon the terms so offered, and upon the recommendation of the Solicitor of the Treasury, the Secretary of the Treas ury is authorized to compromise such claim accordingly. But the provisions of this section shall not apply to any claim arising under the postal laws.

Title 36.

Compromise. 103, 1863, 8. See note 5.

v. p. 740.

Title 36.

Assignments of

less, etc.

1853, s. 1, v. 10, p..

See note 6.

SEC. 3477. All transfers and assignments made of any claim upon the United States, or of any part or share thereof, or interest therein, whether absolute or conditional, claims void, unand whatever may be the consideration therefor, and all July 29, 1846, v. powers of attorney, orders, or other authorities for receiv- 9. p. 41; Feb. 26, ing payment of any such claim, or of any part or share 170. thereof, shall be absolutely null and void, unless they are freely made and executed in the presence of at least two attesting witnesses, after the allowance of such a claim, the ascertainment of the amount due, and the issuing of a warrant for the payment thereof. Such transfers, assignments, and powers of attorney, must recite the warrant for payment, and must be acknowledged by the person making them, before an officer having authority to take acknowledgments of deeds, and shall be certified by the officer; and it must appear by the certificate that the officer, at the time of the acknowledgment, read and fully explained the transfer, assignment, or warrant of attorney to the person acknowledging the same.

thereby discharged, whether the funds were received or not. If sent by draft, at his request, claim subsists, unless draft has been paid [to proper party]. A dis bursing agent remitting funds due claimant, to his attorney, under instructions from the attorney, given without the knowledge or consent of the claimant, which were not paid over, would be liable to the Government and the Government to the claimant. (Op., XIV, 485. Williams, Oct. 29, 1874.)

Where Congress directs the adjustment and settlement" of a claim "according to the rules and regulations heretofore adopted by the United States in the settlement of like cases," and it appears that Congress has generally given interest in like cases, it will be allowed. (C. C., X, p. 231. Affirmed by Supreme Court.)

It is a general rule, founded upon sound principles and uniformly adhered to in the administration of the Government, that the Executive Departments neither allow nor charge interest to parties in account with the United States, excepting by virtue of express agreement or in pursuance of some special provision of law. (Holt's Digest, p. 204.)

Interest can not be allowed except upon a contract expressly stipulating for the payment of interest." (C. C., I, p. 220.) As to interest, see Op., IV, 14, 79, 136; V, 105, 138.

Note 5.-Under section 3469, the Solicitor of the Treasury may properly recommend the acceptance of a compromise offered in discharge of a claim of the United States before payment, where the district attorney advises acceptance upon the ground that, from want of evidence to establish the facts on which a verdict must depend, he doubts his ability to obtain a judgment, even though the defendant is able to pay the amount of the claim. (Op., XVI, 259, Devens, Jan. 30, 1879.)

This section was intended to provide for compromising claims in favor of the United States which are of a personal character; does not extend to claims to real property to which the United States asserts ownership and has a record title. (Op., XVI, 385, Devens, Oct. 1, 1879.)

It does not confer upon the Solicitor of the Treasury a discretion to recommend for compromise cases in which the claim is entirely solvent, but where circumstances of hardship, etc., exist. (Op., XVI, 617, Phillips, Jan. 8, 1879.)

Note 6.-Though the assignment of a claim against the Government be void under section 3477, Revised Statutes, yet if the Treasury recognizes the assignment and pays the amount found due on an accounting to the assignee, an action will not lie to recover it back. (C. C., XIII, 292.) [See in this opinion a statement as to the manner in which accounts and claims against the Government are settled by the accounting officers.]

This section, 3477, not only extends to claims which are to be paid by Treasury warrants, but extends to those which relate to claims otherwise payable. (Op., XVỈ, 261, Devens, Feb. 7, 1879.)

A power of attorney for the collection of a claim against the Government, not

sons prosecuting

claims.

Oath by per- SEC. 3478. Any person prosecuting claims, either as attorney or on his own account, before any of the DepartJuly 17, 1862, s. ments or Bureaus of the United States, shall be required 1, v. 12, p. 610. to take the oath of allegiance, and to support the Constitution of the United States, as required of persons in the civil service.

Who may administer the oath Idem, s. 2.

See note 7.

Claims of disloyalists.

571.

3, 1877, c. 105, p.

payment to mail contractors.

SEC. 3479. The oath provided for in the preceding section may be taken before any justice of the peace, notary public, or other person who is legally authorized to administer an oath in the State or district where the same may be administered.

SEC. 3480. It shall be unlawful for any officer to pay any Mar. 2, 1867, account, claim, or demand against the United States which Res. 46, v. 14, p. accrued or existed prior to the thirteenth day of April, See note 8. eighteen hundred and sixty-one, in favor of any person See act of Mar who promoted, encouraged, or in any manner sustained 362, v. 19, as to the late rebellion, or in favor of any person who during such rebellion was not known to be opposed thereto, and distinctly in favor of its suppression; and no pardon heretofore granted, or hereafter to be granted, shall authorize the payment of such account, claim, or demand, until this section is modified or repealed. But this section shall not be construed to prohibit the payment of claims founded upon contracts made by any of the Departments, where such claims were assigned or contracted to be assigned prior to the first day of April, eighteen hundred and sixtyone, to the creditors of such contractors, loyal citizens of loyal States, in payment of debts incurred prior to the first day of March, eighteen hundred and sixty one.

Title 70, chap. 5. SEC. 5454. Every person who takes and carries away, Unlawfully without authority from the United States, from the place taking or using where it had been filed, lodged, or deposited, or where it papers relating to claims. may for the time being actually be kept by authority of

executed in the presence of two attesting witnesses after the allowance of such claim, the ascertainment of the amount due, and the issuing of a warrant for the payment thereof," is void underthe act of February 26, 1853. (C. C., V, 362; see also Op., IX, 188.)

The revocation of a power of attorney can only be affected by notice to the agent. Notice to a third party, without notice to the agent, leaves the power in force. (C. C., VII, 535.)

A power of attorney not given on account of any valuable consideration paid to the principal may be revoked before the exercise of authority under it. (Ốp., IX,

128.)

Where a letter of attorney forms part of a contract, and is security for money, or for the performance of any act which is deemed valuable, it is generally made irrevocable in terms, or, if not so, it is deemed irrevocable in law. If a power of attorney be coupled with an "interest" it survives the person giving it and may be executed after his death. (VIII Wheaton, 203; see Op., VII, 35.)

A naked power of attorney is revokable at the will of him who gave it, although the writing should say it was irrevocable. (Op., VII, 38.)

See Op., XI, 7, where it was held that, although an agent, under a power to prosecute, demand, recover, and receive a claim, did prosecute it to the award, and another was appointed to collect, the installment could be paid to the latter-the power of the former not having been coupled with an interest.

Note 7.-It is competent to the head of a Department, as a measure for the protec tion of the public interests committed to his charge, to decline to recognize, or to suspend, the transaction of business with an agent or attorney for frauds and fraudulent practices attempted or committed by him in the prosecution of claims before the Department, and whose character is such that a reasonable degree of confidence can not be placed in his integrity and honesty in dealing with the Government. (Op., XIII, 150, Hoar, Oct. 4, 1869.)

Note 8.-This section applies only to claims that accrued or existed prior to April 13, 1861. It does not apply to claims in favor of corporations aggregate. (Op., XIII, 398, Mar. 29, 1871, Akerman.)

This section created a personal disability only, which could not operate against the heirs of parties thus disqualified. (Winthrop's Digest, p. 168.)

Applicable to claims for bounty land. (Op., XV, p. 450.)

v. 14, p. 384.

the United States, any certificate, affidavit, deposition, Feb.5, 1867. s. 6. written statement of facts, power of attorney, receipt, voucher, assignment, or other document, record, file, or paper, prepared, fitted, or intended to be used or presented in order to procure the payment of money from or by the United States, or any officer or agent thereof, or the allowance or payment of the whole or any part of any claim, account, or demand against the United States, whether the same has or has not already been so used or presented, and whether such claim, account, or demand, or any part thereof, has or has not already been allowed or paid, or who presents or uses or attempts to use any such document, record, file, or paper so taken and carried away in order to procure the payment of any money from or by the United States, or any officer or agent thereof, or the allowance or payment of the whole or any part of any claim, account, or demand against the United States, shall be imprisoned at hard labor not more than ten years, or fined not more than five thousand dollars.

claims.

See under

vision IV.

SEC. 5498. Every officer of the United States, or person Title 70, chap. 6. holding any place of trust or profit, or discharging any Officers, etc., official function under, or in connection with, any Execu interested in tive Department of the Government of the United States, Feb. 26, 1853, 8. or under the Senate or House of Representatives of the 2.10, p. 170 United States, who acts as an agent or attorney for prose- Bribes, etc., Dicuting any claim against the United States, or in any manner, or by any means, otherwise than in discharge of his proper official duties, aids or assists in the prosecution or support of any such claim, or receives any gratuity, or any share of or interest in any claim from any claimant against the United States, with intent to aid or assist, or in consideration of having aided or assisted, in the prosecution of such claim, shall pay a fine of not more than five thousand dollars, or suffer imprisonment not more than one year, or both.

withheld in pay

Secretary

to

That when any final judgment recovered against the Mar. 3, 1875. United States or other claim duly allowed by legal authority, Amount of debt shall be presented to the Secretary of the Treasury for pay- due U. S. to be ment, and the plaintiff or claimant therein shall be indebted ing judgments, to the United States in any manner, whether as principal or etc. surety, it shall be the duty of the Secretary to withhold pay. ment of an amount of such judgment or claim equal to the debt thus due to the United States; and if such plaintiff or claimant assents to such set-off, and discharges his judg ment or an amount thereof equal to said debt or claim, the Secretary shall execute a discharge of the debt due from the plaintiff to the United States. But if such plaintiff, or claimant, denies his indebtedness to the United States, or refuses to consent to the set-off, then the Secretary shall withhold payment of such further amount of such judg. Additional ment, or claim, as in his opinion will be sufficient to cover all legal charges and costs in prosecuting the debt of the United States to final judgment. And if such debt is not already in suit, it shall be the duty of the Secretary to cause Duty of Secrelegal proceedings to be immediately commenced to enforce tary to sue on the same, and to cause the same to be prosecuted to final

execute charge, when.

dis

amount to be withheld.

debt.

judgment with all reasonable dispatch. And if in such action judgment shall be rendered against the United States, or the amount recovered for debt and costs shall be less Balance, how than the amount so withheld as before provided, the balance Mar. 3, 1875, v. shall then be paid over to such plaintiff by such Secretary with six per cent. interest thereon for the time it has been withheld from the plaintiff.

paid toclaimant.

18, p. 481.

Apr. 30, 1878.

Apr. 30, 1878, s.

2. v. 20, p. 524. See note 1.

No claim shall hereafter be allowed by the accounting Certain claims officers, under the provisions of the act of Congress, approved not to be allowed. June 16, 1874, or by the Court of Claims, or by Congress, to any person, where such claimant, or those under whom he claims, shall wilfully, knowingly, and with intent to defraud the United States, have claimed more than was justly due in respect to such claim, or presented any false evidence to Congress, or to any Department or court, in support thereof.

Title 4.

the Court of

Claims.

6, v. 15, p. 76. See note 2.

SEC. 188. In all suits brought against the United States Evidence to be in the Court of Claims founded upon any contract, agreefurnished by the Departments in ment, or transaction with any Department, or any Bureau, suits pending in Officer, or agent of a Department, or where the matter or thing on which the claim is based has been passed upon June 25, 1868, s. and decided by any Department, Bureau, or officer authorized to adjust it, the Attorney-General shall transmit to such Department, Bureau, or officer, a printed copy of the petition filed by the claimant, with a request that the Department, Bureau, or officer, shall furnish to the AttorneyGeneral all facts, circumstances, and evidence touching the claim in the possession or knowledge of the Department, Bureau, or officer. Such Department, Bureau, or officer shall, without delay, and within a reasonable time, furnish

Retired officers Note 1.-A retired officer of the Army is an "officer of the United States" within not to act as the meaning of R. S.. sec. 5498, which prohibits, under penalty of fine or imprisoncounsel. ment, or both, every such officer from acting as an agent or attorney for prosecuting This applies to any claim against the United States, &c. To appear and argue a case for a claimant naval retired offi- would be to support a claim against the United States, and would subject the officer to penalty prescribed by statute.

cers.

Note 2.-The head of a Department is not at liberty to furnish to the Court of Claims, on a call from that court, information or papers, when to do so would, in his opinion, be injurious to the public interest. A return setting forth such opinion would in all cases be a suflicient answer to the rule. (Op., XIII, 539, Akerman, Nov. 24, 1871.)

the Attorney-General with a full statement, in writing, of all such facts, information, and proofs. The statement shall contain a reference to or description of all such official documents or papers, if any, as may furnish proof of facts referred to in it, or may be necessary and proper for the defense of the United States against the claim, mentioning the Department, office, or place where the same is kept or may be procured. If the claim has been passed upon and decided by the Department, Bureau, or officer, the statement shall succinctly state the reasons and principles upon which such decision was based. In all cases where such decision was founded upon any act of Congress, or upon any section or clause of such act, the same shall be cited specifically; and if any previous interpretation or construction has been given to such act, section, or clause by the Department, Bureau, or officer, the same shall be set forth succinctly in the statement, and a copy of the opinion filed, if any, shall be annexed to it. Where any decision in the case has been based upon any regulation of a Department, or where such regulation has, in the opinion of the Department, Bureau, or officer transmitting such statement, any bearing upon the claim in suit, the same shall be distinctly quoted at length in the statement. But where more than one case, or a class of cases, is pending, the defense to which rests upon the same facts, circumstances, and proofs, the Department, Bureau, or officer shall only be required to certify and transmit one statement of the same, and such statement shall be held to apply to all such cases, as if made out, certified, and transmitted in each case respectively.

SEC. 1059. The Court of Claims shall have jurisdiction Title 13,chap.21. to hear and determine the following matters:

Jurisdiction.

on statutes or

First. All claims founded upon any law of Congress, or Claims founded upon any regulation of an Executive Department, or upon contracts, or reany contract, expressed or implied, with the Government of the United States, and all claims which may be referred to it by either House of Congress.

Second. All set offs, counter-claims, claims for damages, whether liquidated or unliquidated, or other demands whatsoever, on the part of the Government of the United States against any person making claim against the Government in said court.

ferred by ConFeb. 24, 1855, s.

gress.

1, v. 10, p. 612; Mar. 3, 1875, v. 18, p. 481; June 22, 1874, s. 2, v. 18, p. 192.

Set-offs and United States. Mar. 3, 1863, s.

counterclaims of

3. v. 12, p. 765.

Third. The claim of any paymaster, quartermaster, commissary of subsistence, or other disbursing officer of the United States, or of his administrators or executors, for v. relief from responsibility on account of capture or otherwise, while in the line of his duty, of Government funds, vouchers, records, or papers in his charge, and for which such officer was and is held responsible.

Claims for captured and aban

.3, v. 12, p. 820;

Fourth. Of all claims for the proceeds of captured or abandoned property, as provided by the act of March 12, doned property. eighteen hundred and sixty-three, chapter one hundred and Mar. 12, 1863, s. twenty, entitled "An act to provide for the collection of 3 July 2,1864, ss. 2, abandoned property and for the prevention of frauds in 3v. 13. p.13; July insurrectionary districts within the United States," or by p. 243; Feb. 18, the act of July 2, eighteen hundred and sixty-four, chap. 1875, v. 18, p. 318.

27, 1868, s. 3, v. 15,