81 F. Supp. 1021 | Ct. Cl. | 1949
Lead Opinion
delivered the opinion of the court:
Plaintiffs brought this suit to recover $250,000 as damages for the alleged confiscation by defendant of sixteen lode (pumice) mining locations, including a mill site, in the Deschutes National Forest in Klamath County, Oregon.
From the allegations of the petition it appears, in substance, that prior to 1942 the plaintiffs had filed and established certain mining locations on public lands of the United States within the Deschutes National Forest in Klamath County, Oregon; that in 1942 an official of the National Forest Service filed with the Kegister of the General Land Office contests containing certain charges challenging the validity of plaintiffs’ mining locations. It is alleged that these contests were based upon “sinister and fabricated allegations.” It is further alleged that because of wartime difficulties plaintiffs were unable to produce their witnesses and evidence against the charges filed at the times and the places where the hearings were held by the Kegister of the General Land Office. Plaintiffs allege that the denial of their request for postponement of the final hearing in 1942 until after the termination of the war, or that the hearing be held at Chemult, Oregon, was not justified under the circumstances. Finally, it is alleged, in substance, that the decisions of the Kegister, the Commissioner of the General Land Office and the Secretary of the Interior, sustaining the protests and charges filed by the United States Forest Service, and holding the mining location claims involved to be invalid, were not in accordance with the facts and the law.
Although plaintiffs state their claim as being one for compensation “for mining location claims confiscated from the plaintiffs” by the defendant, it will be seen from the foregoing statement of the substance of the allegations of the petition that what the plaintiffs are really ashing is that this court review the findings and decisions of the officials
Since we are without jurisdiction to determine the question upon which any enforceable right of plaintiffs can be predicated, it is unnecessary to discuss the allegation, at least implied, in the petition that the officials concerned in the decisions respecting their mining locations acted arbitrarily and capriciously. However, in view of the allegations of the
The defendant’s demurrer to the petition is sustained and the petition is dismissed. It is so ordered.
Concurrence Opinion
concurring in the result.
I agree with the Court that the plaintiffs’ petition should be dismissed. I would not decide, as I understand the Court to decide, that the Court does not have jurisdiction to review a decision of the Department of the Interior that mining locations are not valid locations. I think the decision in Jones v. United States, 131 U. S. 1, was only that, under the Tucker Act [28 U. S. C. 250], relief against the United States was limited to the award of money judgments, and the Court could not make a decree for specific performance of a legal duty to issue a patent. I think it might be possible that departmental action could deprive the owner of a mining location of his legal rights and amount to a taking of his property, entitling him to compensation.
I do not, however, find any basis for any such claim in the plaintiffs’ petition. They state that the contest was started by one Lyle Watts of the Forest Service with “sinister and fabricated allegations.” They do not explain what the allegations were or wherein they were sinister or fabricated. They state a request to have the hearing of the contest postponed for the duration of the war, because their witnesses were either in the armed services or scattered over the country in the war effort. They do not say that they stated to the officials who were to hear the contest who those
The plaintiffs say that some of their records in the case were destroyed or lost but that “every word in this claim as stated by the plaintiffs is a part of the records of three high-ranking Government offices at Washington, D. C. They then request the Court to require the officials referred to in the petition to “furnish the Court of Claims a complete file of this case from start to finish, including every communication pertinent thereto.”
Unless we are willing to impute to public officials unfair conduct which the plaintiffs do not allege, I think we cannot spell out of this petition a cause of action based upon a denial of a fair hearing. The plaintiffs had, so far as appears, no right whatever to demand that the contest be postponed for the duration of the war. They had no right to dictate where the hearing should be held. Their absenting themselves from the hearing when it was held was their own affair, and they allege no valid reason for so doing, and, as to one of the plaintiffs, no reason at all. Their unelaborated statement that the contest was decided against them by the hearing officer merely because they did not offer any defense is hardly an allegation which we should take as a statement of fact. Besides, it is completely contradicted by the public
Plainly there was no lack of fair hearing or due process. No mistake of law is alleged. I therefore agree that the petition should be dismissed.