115 F.2d 426 | 5th Cir. | 1940
The controversy in this case arises out of a discontinuance, on January 8, 1934, of death compensation payments to appellant, the widow of a deceased World War veteran, which were begun on February 17, 1931. The Veterans Administration found that appellant had forfeited her right to further payments by indulging in open and notorious illicit intercourse in violation of
The appellant concedes that, ordinarily, the Government is not subject to suit in compensation cases. This proposition is too well settled for dispute.
The act under which the claim is made vests in the Director the power and authority to make all rules and regulations necessary and appropriate to carry out the purposes of the act, to decide all questions arising with reference thereto, and conclusively to decide questions of fact affecting any claimant, with certain exceptions immaterial here.
On the other hand, Congress is not bound, by the creation of claims against itself, to provide a remedy in the courts. It may provide an administrative remedy and make it exclusive, however, mistaken its exercise may be.
Affirmed.
Silberschein v. United States, 266 U. S. 221, 45 S.Ct. 69, 69 L.Ed. 256; Sprencel v. United States, 5 Cir., 47 F.2d 501; United States v. Sellers, 5 Cir., 75 F.2d 623; Crouch v. United States, 266 U.S. 180, 45 S.Ct. 71, 69 L.Ed. 233; Smith v. United States, 8 Cir., 83 F.2d 631.
This question expressly undecided by courts in Silberschein v. United States, supra, and Sprencel v. United States, supra.
38 U.S.C.A. §. 426.
Dismuke v. United States, 297 U.S. 167, 172, 56 S.Ct. 400, 80 L.Ed. 561; Williamsport Wire Rope Co. v. United States, 277 U.S. 551, 48 S.Ct. 587, 72 L.Ed. 985; Ness v. Fisher, 223 U.S. 683, 32 S.Ct. 356, 56 L.Ed. 610.
United States v. Babcock, 250 U.S. 328, 39 S.Ct. 464, 63 L.Ed. 1011; Dismuke v. United States, supra.