271 F. 714 | E.D.N.Y | 1920
The plaintiff has sued the United States for an amount approximating $2,000,000 over and above the amount already paid by the United States, for certain real estate taken over by the army for use during the War as a site for storehouses for military supplies. This property was requisitioned under the following statute:
“See. 10. That the President is authorized, from time to time, to requisition foods, feeds, fuels, and other supplies necessary to the support of the army or the maintenance of the navy, or any other public use connected with the common defense,, and to requisition, or otherwise provide, storage facilities for such supplies; and he shall■ ascertain and pay a just compensation therefor. If the compensation so determined be not satisfactory to the person entitled to receive the same, such -person shall be paid seventy-five per centum of the amount so determined by the President, and shall be entitled to sue the United States to recover such further sum as, added to said seventy-five per centum will make up such amount as will be just compensation for such necessaries or storage space, and jurisdiction is hereby conferred on the United States District Courts to hear and determine all such controversies,” etc. Section 10, Act of August 10, 1917, 40 Stats, at Large, p. 276 (Comp. St. 1918, Comp. St. Ann. Supp. 1919, § 3115%ti).
By-sections 10, 12, 16, and 25 of this law (Comp. St. 1918, Comp. St Ann. Supp. 1919, §§ 3115%ii, 3115%jj, 3115%11, 3115%q), the United States District Courts were granted jurisdiction to hear and determine controversies arising thereunder. In all the sections, except section 10, this jurisdiction was limited to amounts not exceeding $10,-000. Admittedly under all of the sections, a claimant could have recourse to the Court of Claims concurrently with the District Court. Where the amount in controversy exceeds the sum above specified, the jurisdiction of the Court of Claims' is exclusive, unless the cause of action arises under section 10, when the jurisdiction is concurrent for all amounts.
It appears without dispute that three-quarters of the amount allowed by the government has been paid to and received by the owners, and the present suit is brought to recover the balance of the amount at which they value the property taken. The government has interposed an answer containing a separate defense to the effect that this court is without jurisdiction -over the particular cause of action. The government does not contend that the original statute did not, by section 10, confer the necessary jurisdiction to institute the present suit, but it alleges that by the Act of March 2, 1919 (40 Stats, at Large, p. 1272
Section 1 of the Act of March 2, 1919 (Comp. St. Ann. Supp. 1919, § 311514/it¡a), is as follows:
“That the Secretary of War be, and ho is hereby, authorized to adjust, pay, or discharge any agreement, express or implied, upon a fair and equitable basis that has been entered into, in good faith during the present emergency and prior to November twelfth, nineteen hundred and eighteen, by any officer or agent acting under his authority, direction or instruction, or that of the President, with any person, firm, or corporation for the acquisition of lands, or the use thereof, or for damages resulting from notice by the government of its intention to acquire or use said lands, or for the production, manufacture, sale, acquisition or control of equipment, materials or supplies, or for services, or for facilities, or other purposes connected with the prosecution of the war, when such agreement has been performed in whole or in part, or expenditures have been made or obligations incurred upon the faith of the same by any such person, firm, or corporation prior to November1 twelfth, nineteen hundred and eighteen, and such agreement has not been executed in the manner prescribed by law. * * * Provided further, that this act shall not authorize payment to be made of any claim not presented before June thirtieth, nineteen hundred and nineteen,” ete.
By section 2 the Court of Claims is given jurisdiction to hear the claim in the event that the Secretary of War can make no satisfactory adjustment of the matter, and the other sections of the law recite kindred grants of authority with which wfi are not concerned in the present action. The United States contends that the law of Miarch 2, 1919, repeals by implication the Act of August 10, 1917, without any express statement of such repeal.
But the taking away of this protection, in the case of the termination of the war, is of particular significance at the present time, when considered-with relation to claims as to which no adjustment has been accomplished by the Secretary of War, or which have not been filed with the Secretary of War within the time limited by the Act of March 2, 1919.
The question at issue really comes down to three propositions:
First. If a cause of action like the present is within the terms of section 1 of the Act of March 2, 1919, is that statute limited to the giving of an authority to pay those which are adjusted?
Second. If the claim at bar is within the provisions of section 1 of the Act of March 2, 1919, and has not been adjudged, and therefore has not been authorized to be paid, can claim still be made, either to the Court of Claims or the United States District Court? In other words, has this section repealed the statutes giving general jurisdiction to the Court of Claims, or such jurisdiction as is conferred by the Act of August 10, 1917?
Third. If the claim be not within the express language of section 1 of the Act of March 2, 1919, are all claims against the United States, of the sort or kind which may be adjusted and paid under section 1, rendered invalid unless presented by the date fixed, upon the theory that the inclusion of certain claims in this particular statute has intentionally excluded the allowance of any other claims of a similar nature ?
The third proposition will answer itself, dependent upon the construction of section 1 of the statute under the other two points.
Nor does the fiirst point need much discussion. Section 1 authorizes payment of such claims (of the nature covered by the section) as may be adjusted by the Secretary of War. The evident purpose of this statute was' to protect those parties who had entered into contracts with the government, that had been undertaken in good faith and for immediate needs, but which had not been expressly authorized by act
We must therefore pass to a consideration of the real question at issue, as suggested in the second objection which has been stated: Does the language of section 1 include only claims for materials or property taken by or supplied to any department for the conduct of the war, under a contract not authorized by law, or on some requisition entirely outside of the legal authority of the requisitioning officer to bind the United States therefor, and as to which a later agreement has been made?
As has been said, general jurisdiction of the Court of Claims includes matters from many other branches of the government than the War Department. Section 10 of the Fuel and Food Act relates to supplies for the army and navy. Section 1 of the Act of March 2, 1919, is limited to settlements by the Secretary of War for matters occurring under his authority, or that of the President, in conducting the war. The general authority of the President in the conduct of the war would include the maintenance of the navy or any other public use connected with the common defense. Thus the Secretary of War may have been given authority by section 1 to adjust the requisitioning of supplies by an officer of the navy, or even by an officer of some other department, as, for instance, the Department of State, in connection with the prosecution of the war, for the purpose of' the common defense. But all such claims are for property obtained under an “agreement” which “has not been executed in the manner prescribed by law.”
Surely the passage of the law relating to contracts made before the Armistice should not be held to limit the government in its authority to lawfully requisition supplies after the signing of the Armistice and during the time in which the need of the Fuel and Food Act is still necessarily great: Nor is there any intent shown to limit the method of recovery for requisition by any department before that date, when the requisition has not been made outside of the letter of the law. The Act of March 2, 1919, is in addition to, rather than in contradiction or repeal of, the existing statutes.
The motion to strike out the defense that the District Court is without jurisdiction to entertain this particular action upon the grounds stated should be granted.