*1 that knew (1) That the defendant 42 to Dresinol use
plaintiff intended carpets. sizing for its
make dis- could have defendant
(2) That the made tests, by the same covered the material event,
after the does It ignition hazard.
spontaneous actu- however, the defendant
appear, contrary, quality. On ally knew of this 42” which “Dresinate appears that it “Dresi- thing as same is the
plaintiff avers be- by the been used nol 42” had mishap. without apparently fore that certain assumed
(3) is also defendant representatives
agents or two much as informed Dresi- sale
years before the with starch used to be 42 was suitable
nate In this connec- carpeting. back-sizing noted that however,
tion, it is to are no “there oral provides that contract collateral or warranties
agreements Agreement.”
affecting point, defendant’s think that
I do not cannot recov-
to the effect actually paid dis- er because purchaser, is well liability to its charged its the conclusion
taken, although in view decide unnecessary to above, reached point. defend- entered
Judgment may be
ant. UNITED STATES.
JOHNSON 48520.
No. of Claims.
Court
209 Margiotti, Pittsburgh, Charles Pa. J. plaintiff. C., Edgar Fell, of Washington, T. D. Morison, Atty. H. G. (John Gen. Asst. R. Franklin, Washington, C., D. on brief), for defendant. JONES, Justice,
Before Chief and WHI- TAKER, MADDIN, LITTLETON and HOWELL, Judges.
WHITAKER, Judge. case before on
This
us
demurrer.
Plaintiff, Albert
Johnson, al-
Williams
leges
appointed
that he was
United States
District
for the Middle District of
Pennsylvania
on May
1925. He re-
signed
paid
He
has been
nothing
resignation
since his
for the rea-
son later to
He
be stated.
sues for the
says
salary which he
he is
entitled under
260 of
Code,
section
section
Judicial
pro-
of Title 28 U.S.C.A. This section
any judge
That “when
vides:
court
States,
appointed
the United
to hold his
behavior,
during
resigns
his of-
fice after
held
having
a commissionor com-
missions as
such court or
years,
courts at least
continuously
ten
and having
otherwise
age
attained the
n seventyyears,
shall,
during the residue
life,
of his natural
receive the salary which
payable
at the time of his
office that
held
”
* * *
resignation.
says
Defendant
that the amount to which
plaintiff is entitled
Act is either
gratuity.
pension,
If a
de-
says
jurisdiction
we have no
aof
fendant
it,
suit
recover
since such suits
ex-
pressly
among
excluded from
over
as-
relinquish
they could
their
section
offices
given
which we are
lives
sured for
their
the balance of
knowl-
salary attached to
common
court
Act
gives
Title 28 U.S.C.A. This
*3
edge
rea-
the
that this
at
one of
least
(except
was
All
claims
“First.
of
**
*
upon
Act
passage
sons
of the
for the
upon,
pensions)
for
founded
* *
Code
based.
pay-
section 260 of the
is
the
Congress
*.” If
law of
Judicial
April
See,
g.,
e.
of the Act
it
the discussion
says
is
gratuities, defendant
ments
part of
upon
pertinent
which the
to withhold
power
Congress
within the
-based, in
section 260
Code
by
Act
and that
gratuity
a
Judicial
Globe,
Congress,
Congressional
1st
41st
304, Congress did
Stat.
thereto,
session,
appendix
page 647,
to
payment
gratuity
withhold
page 2.
tiff.
passed partly
an in-
Since
Act
as
was
amount
opinion that
We are
resignations,
ducement
we
bring
to
about
pension
a
neither
due
section is
under this
thereby
no
induced
judge
have
doubt that a
gratuity.
nor a
resign
to
the induce-
to
is entitled
demand
the United
Constitution
The
right
demand it
ment
to
offered. He
“judges,
provides
in Article III
gratuity,
not
or a
but as the
as
Courts,
Supreme and inferior
both of
give
to
him
consideration offered to induce
during good Be
hold their Offices
shall
up
he
right
long
to hold
office as
as
times, receive
havior,
shall, at stated
lives.
Services,
Compensation
for their
corporation
.Certainly
private
bound
if a
Con
during their
shall
diminished
not be
employee by
con-
long-term
itself to an
ap
person is
When a
tinuance in Office.”
practical
tract,
from which there was no
States Dis
pointed
the office of
to
escape,
way
employee became
to
and this
to draw
entitled
Judge
trict
becomes
discharge
efficiently
disabled to
the duties
long as
continues
office
salary
so
of-
position,
corporation
and if the
of his
hold
until he
continues to
it
He
to hold it.
salary
permit
resign
fered to
him to
on full
relinquishes it
is ousted
voluntarily
put a
man in
in order
more efficient
to
impeachment or death.
employee
resign,
place, and
did
there
seventy years and
Many
corporation
judges
can
thát
be no doubt
unimpaired their
salary
re-
have maintained
him
for the
older
liable to
years beyond
employment,
vigor and in their
wheth-
mainder
his term
mental
juris
to
employee
much
er
not
after
seventy
contributed
country,
it
common
employee
but
earn it. The
had
prudence
did anything
of the
to
prom-
con
some of them have
knowledge
right
waived a
consideration of
some time
undoubtedly
hold their offices
would have
tinued to
ise and he
promise.
wasted
ravages
right
of time had so far
on that
to sue
after
bodies that
their minds and
District
the tissues of
A United States
who
longer capable
properly
signs
ad
to
they
right
hold his office for
were no
waives his
They
of their offices.
be-
ministering the
the remainder
hi-s life and
duties
unwillingness
havior,
promise
due
an
partly
in consideration of
held on
taken,
partly
employer
pay
time had
him for the
admit the toll
continue to
salary
to hold
to their constitu
life the
he was
due
desire
remainder
resigned.
right
salary
drawing
office
tional
to draw
when he
long
they
as
lived.
as
applicable
any Fed-
rule would be
This
employee
employee
or to
other
eral
yet
good,
The
not
situation
employer
similarly
bound.
whom
way
judge
to force
re
there wa-s
applicable
judge;
ap-
alone
to a
not
except through impeach
linquish
any employee
plicable
compara-
under a
ment,
impeachment only lay when the
ble contract.
guilty
bad
judge
been
behavior.
had
mean,
course,
situation,
that it is
unhappy
Con
This does
with this
Faced
repeal
Congress
many
within the
gress came to
conclusion
long
but
might
superannuated
induced to
judges
cases,
Government, except
specific
demand tional
unrepealed,
can
as it
stands
bankruptcy.
has the such
right. He
as
of it as of
benefit
gra-
bounty or
right
it not
demand
Supreme
et
recently
Court
in Hurd
tuity,
promised in considera-
sum
al.,
al. Hodge
held
et
68 S.Ct.
tion
surrendered.
public policy
the 14th
declared
equal
against
Indeed,
Amendment
the denial of
it is doubtful
protection
applicable
ac-
judge,
right away
laws
could take that
from a
District
the tion
Federal
previously resigned under
courts
repeal
found
enforcing
of of
contracts
circumstances, by a
Columbia
above recited
against
policy
a to be
declared
right. Certainly
giving
the statute
*4
Amendment,
repeal
the 14th
well
to State
the
of a
re
as
as
by
State
statute
cannot
courts,
was
obligation
although
em
the 14th Amendment
lieve
of
contractual
itself
a
repealed.
directed
State action alone. No reason
in the statute
Carondelet
bodied
principle
Navigation Co., Louisiana,
perceived why
233
announced
Canal &
the
v.
is
applicable
362, 377,
627,
equally
in
decision is not
34 S.Ct.
legislature Moreover, contrary to that policy and contracts doubted powers delegated Congress in excepting to the Na- whether from within findings That the had mind House concur pensions claims claims subcommittee:
anything more than those Pension war over veterans opinion Your committee given jurisdiction. Bureau was n theevidence foregoing presented circum- is barred Unless discussed) (10 cases cases listed and stances under conclusively Albert establishes resigna- followed given, and what high crimes guilty such W. tion, entitled opinion he is we contemplation misdemeanors recover. require the ordinarily Constitution interposition powers the constitutional submitted Plaintiff on House; Fif- President. resignation to the letter of justice between actual administration of he later, address- July days teen entities, and private individuals, corporate Judiciary, the “Committee ed to citizens, Government and its Representatives, United States” House of such guilty long over number previously reciting continuing misconduct to constitute a now fur- signed, “I saying, herewith *5 offense; judicial impeachable that such in- relinquish any right, and ther renounce during the ex- manifested misconduct was may that cluding financial benefits in authority, dis- judicial his ercise of of the Act provision under the retirement official charge judicial in duties Congress, Section judicial capacity. 375, as amend- 28 U.S.C.A. cited in Title § ** * ed.” years than 15 that for more ap- used, permitted his and written Judge At this letter was the time Johnson im- in the preliminary used, to for- pears proceedings court to be a medium that unconscionable, operation before the peachment pending still mation and were conspiracy Rep- despicable, degrading House and Judiciary Committee plaintiff’s resentatives, justice; that notwithstanding against the administration wickedly, ma- prior Paragraph knowingly, and resignation. did so Judiciary petition notoriously engaged That in liciously; reads: tiff’s that he offices, notably authority or sale of court Committee had the barter and trustees, upon receive, attorneys, appointments resolution in the appoint- receivers, and dispose or renunciation or de- and similar offices said ments, to his of a share prive of his vested consideration usually in fees, compensation authority salaries, salary; limited investi- other its or or not to recom- such gation paid appointees; and to recommend that com- such and proceedings impeachment generally fixed in pensation mend and were fees ; impeachment States Senate. No “take” proportion United to the amount of the orders, decisions, decrees, and was held and rul- recommended no trial that his United Senate. sold for all “the traffic commonly States ings judicial ; conduct that bear” petition alleges This is all the rela fraud and generally tainted with .tend- tive to the circumstances under which the judiciary regard for and lower ed to th? resignation and the letter of letter of re public opinion and esteem. the courts written, may nunciation were but we take judicial knowledge contents of the regrets in view of committee Your report Judiciary Committee of the House is constrained to opinion it withhold this plaintiff’s whom letter of renunciation was impeachment recommendation report This (H.R. addressed. 79th Under the Constitution Judge Johnson. Congress, part: in Session) 2d reads in I, judgment (art. 7) than to removal Judiciary, not extend further Committee on the “shall after a disqualifications to hold and officeand and full discussion consideration from honor, trust, profit port subcommittee, office of enjoy and decided ** under' the recommends— began ing resignation at the and investigation Shortly after this written, the letter and of renunciation were tendered resignation was Jndge Johnson’s resignation letter of also that his and his (July to, accepted by, President and to de- renunciation waived caused Committee writing, in 1945). Later, impeachment. The cide the re- not to recommend rights privileges under all and conclusion provisions for Fed- cannot be avoided tirement statutes all resignation himself and renounced offered judges. Judge eral Thus Johnson office, finan- part including further to his brought the fulfillment about com- statutory require- benefits, order cial to induce the constitutional and and, impeachment, ments; from office mittee not to recommend say, removal further, renuncia- privi- relinquishment retirement tion caused the to decide not leges. more than committee is now true, likely impeachment. recommend age. He is to seek This hardly trust, profit estopped con- honor, equity future office of things States; science to claim those even if he assert office, prevent im- record undoubt- which he renounced order to should seek such disqualify peachment. its aid him. No court lend edly would sufficient to should opinion recover Your benefits renounced under such cir- committee therefore jus- To do so would be counte- issue is now moot cumstances. impeachment, put bad tify grossest nance faith. It would recommendation for approval trickery stamp trial with in the the court’s the likelihood resultant body en- a time when that and deceit. Senate at gaged many consideration of so is- *6 By letters of and renun- his to welfare of the Nation. sues vital the plaintiff relinquished rights ciation the all opinion Despite the fact that by im- away that could taken from him be judicial your this misconduct committee only right peachment, hold save to office interposition requires justifies and report in the future. The committee’s power impeachment House, impeachment based commending no is stated, already your for reasons committee improbability and this renunciation impeach- for withholds recommendation a plaintiff age that at his advanced order, however, In make certain ment. honor, seek other office of ever trust Judge that neither nor estate his Johnson so, profit, or, did if he that he would be compensation, may receive retirement successful, alleged in view of his record. your adoption committee recommends the repudiate were allowed to If of H.R. which that provides since salary, renunciation and to one recover has rights renounced his Johnson prime which induced considerations under section 260 of the the committee its recommendation to make amended, payment shall be made him no swept away. would be What action did or to estate. plaintiff think the committee was about to Because he withdrew himself aas wit- take salary? when he renounced his signed ness and waiver of all his risk; Plaintiff was afraid to take the and privileges retirement, Judge and now so he renounced that claims. was not examined the committee as to Rep- say It is no the House answer Williamsport Rope his conduct in the Wire impeach may resentatives can still him. receivership. (He voluntarily took the wit- can, practical proposition they be but and offered ness stand evidence own know the bringing we chances of one’s behalf under the direction of his counsel very about slim. More two this than did, while examined the com- elapsed since years have the Committee mittee, withdraw himself.) report. The grown made its case has stale. allegations of Plaintiff has been tried petition, and criminal report Judiciary charges investigated Committee of on certain courts Representatives, Committee, acquitted. House of has been both that the the He majority age. and that of minority, now more than show is ITis impeachment proceedings pend- sins, any, if faded in were have the distance as procedure a slim further to the but in the case. As There
time has rushed is on. House the claim day the Government’s contention late that at chance this question pension here in within is impeach him. would bother to meaning jurisdictional' act renuncia- letter of presented Plaintiff jurisdiction does not give us prevent tion in order claims, I that the claim agree with the court looking to end proceedings Gov- pension. As to the not for such accomplish helped to pending. This letter jurisdic- lack contention that we ernment’s proceedings. purpose stopping gratuity, tion because claim is for reap benefit of allowed to He .cannot n thinkwe claim for price pay offered. not this act gratuity, claim is founded so-called body to Plaintiff, however, says the gra- upon Congress awarding an letter renunciation whom he wrote his tuity he had accept it power to had no disagree view that with the court’s accepted by the it was revoked before I see upon founded a contract. a claim 60 Stat. Congress on June the continued providing statute whether entirely immaterial It is payment salary federal resigned Judiciary Committee House contract, judges I have only a law. power accept The material fact is no doubt the court’s correctness of induce written to that the explanation came to how the statute ain desired action to take the committee Every fixing enacted. statute term jurisdiction, did have matter which it over salary has for a official letter, committee, because and that reason, viz., term and such such a way sought. The let- acted capable ac- salary person will induce a accomplished purpose, having ter its think, cept appointment But, office. revoke it. tiff then without contract, such a statute to a offer An circumstances do so effort person accepts entitles the Independent faith. worst of is the bad office to that the statute shall be left insist 1946,we think the Act of June unchanged until he received what estopped to recover. *7 statute, office, accepted at the time he 24, What, anything, Act of June provided. only pay I think that the statutes case, we do not decide. adds to the changed which be may not the detri- says time his Finally, at fixing ment of the officeholder are statutes written he was renunciation was le.tter of judges, the re- of federal salaries incapacitated. The Government mentally by duction of is forbidden whose salaries allegation of mental inca- admits pro- The Constitutional Constitution. act, if his pacity vitiate is sufficient to tection not extend to have persons who does In of allegation view this admis- is true. longer but judges, been are no such federal demurrer, sion, overrule and we must resigned they I from office. having case for to a commissioner refer the course, suggest, do not of that a contract question, proof on this taking of purpose might the United of take the appear may questions other as and on such of occurred, statute. That form a plaintiff’s right to recover. relevant to be knowledge, in deal- Government’s It is ordered. so ings But some Indian tribes. with statute piece which is an a contract is unusual also Justice, HOWELL JONES, and Chief I legislation, see no of what- evidence LITTLETON, Judges, concur. question ever that the statute here in was kind.1 that unusual of MADDEN, Judge (concurring). disagree I with the as to court the effect plaintiff’s court agree with the that the I Govern- of the Committee Repre- be of overruled, Judiciary demurrer should the House ment’s agree sentatives, renouncing with I some do of the reasons court, given proposed nor with the here sued If funds for. he been a Sullivan, See 1020. Hilton 68 S.Ct. who provided judges the salary therein whose official judge, any sitting or other ten resign at least having after served statute, agreement set salary was age seven- years statutory having attained the accept than the part to less years.” ty invalid. been salary would 90, 36 S.Ct. Andrews, 240 U.S. States v. with in context When -this act is read same suppose that the I 60 L.Ed. 25, 1919, February section 6 of the act of any person apply to would doctrine ch. U.S.C.A. Stat. § payment statute, entitled was paraphrased pertinent statutory may law example, the adminis- If, money. except Albert judge, as follows: When was responsibility it trative officer whose Johnson, Williams court soldier, or to a former to award States, appointed his office to hold agree- an make aged should person, to an behavior, resigns during he should person that ment with that com- or having after held a commission amount, I statutory ceive less than any such court missions And invalid. agreement would think continuously, and courts least ten at renunciation plaintiff’s think seventy years, having age attained under the statute entitled to what shall, his natural during the residue of opinion The court’s without effect. payable life, salary receive the which is it thinks whether it clear does not make for the office time of his contractual, the renunciation effect of resignation. that he held at the * * ¿he * withholding being the consideration proceedings, whether arises, why Albert Wil- estoppel created of an had the effect singled all the liams out from pres- plaintiff’s equitable defense persons general de- who answer the other what- it had no effect I think ent claim. scription The answer given statute ? commit- to allow a ever, think plain. punished. And who He is bargain branch tee one deserving found him tried him and given him plaintiff out punishment? The Committee on Ju- abe con- enacted statute regularly diciary Representatives. House analysis tradiction court’s own 24, 1946, The act a Bill of Pains June statute as be- plaintiff’s rights under that Penalties, which, pre- according contractual, they If were contractual. ing cedents, Attainder, is Bill that ex- not, they how could I think pression is used Constitution. Representatives the House committee of 24, 1946, that the is un- think Congress as modify contract therefore, is, constitutional and no bar to *8 whole made? plaintiff’s action. States v. United Lovett, 303, 1073, 328 U.S. 90 L. S.Ct. I from what I have said that It follows 1252; affirming Lovett v. Ed. of whether think that F.Supp. 142, States, 66 Ct.Cl. or not when of sound mind statutory purported renounce power Congress The Constitutional irrelevant, I not direct this offenses, try punish other than the of- inquire into commissioner court’s contempt Congress, is limited to fense of Con- ultimate reliance is on officers. The The Government’s 24, 1946, provides procedure, 304. Its stitution for the which Stat. effect, July is, “That after indictment the House of as follows: text is Representatives Senate, shall be made under and trial payments sec- no two-thirds in the Senate neces- Code to Albert vote tion 260 W. Judicial In estate), formerly conviction. this case (or sary district dispensed constitutionally with the author- judge District Court applicable procedure, Middle if was to re- for the District of Penn- ized express opin- resigned signed judge, as to which sylvania, who such on who, punished ion, July by the en- on July I think relinquished of a statute. the Constitu- actment nounced it to do that. 260 of the Code tion forbids to receive think acquitted. Judiciary, and was report opinion quotes The- court’s wholly irrelevant both these facts are Judiciary of the Committee case. plaintiff’s decision of the shows Representatives, House of convinced the committee was demurrer think Government’s crimes. guilty of serious overruled, I would limit should opinion also court’s states commis- the case before the hearing criminal in a subsequently tried tiff was court to facts sioner of the offenses I have them. for some to the issues as stated proceeding relevant Committee investigated by had been