41 Ct. Cl. 311 | Ct. Cl. | 1906
delivered the opinion of the court:
There is a separate cause of action in each of the nineteen hundred plaintiffs whose names appear in the petition or in the legal representatives of such of them as are dead. The misjoinder of persons whose demands, taken together, make an aggregate of something over two and one-half millions of dollars is apparent from the petition when we consider that the amounts are based on separate demands having no direct relation to the rights of the others; that they are for different sums which originally accrued at different dates and in different post-offices throughout the country, if they accrued at all; that they depend upon an adjustment of the accounts of each office and of each demand taken singly and not as a whole, and that if merit enough be shown to entitle some or all of the parties to relief the judgment of the court must necessarily be several and for the benefit of each individual suitor as to the amount claimed and proved to have been adjusted by such one, because. no one plaintiff has any interest in or right of action to the demand of the other or the right to collect any part of the judgment but the. amount of his own demand if relief be granted. The right of appeal to the Supreme Court of the United States would not exist merely because the parties had put their demands in one petition if judgment be refused because of the want of title in any one claimant in and to the demand of the other petitioners.
Notwithstanding the misjoinder, Ave conclude to proceed with the cases without requiring each plaintiff to file a separate petition because of a substantial objection to the proceeding manifest without reference to the misjoinder.
The demands are for unpaid salaries of former postmasters under the act of March 3, 1883 (22 Stat. L., 486). It is alleged in the petition that each of the persons whose names appear in the petition was duly appointed, qualified, and served as postmaster at the place named in the petition, between July 1, 1864, and July 1, 1814, and that by reason of a deficiency in the salary allowed in the terms of service each of said postmasters became entitled to a readjustment of
The act of March 3, 1883, supra, authorized and directed the salaries of all postmasters and late postmasters of the third, fourth, and fifth classes under the classification provided for in the act of July 1, 1864, whose salaries had not theretofore been readjusted under the terms of section 8 of the act of June 12, 1866 (14 Stat. L., 59), to be readjusted by the Postmaster-General where sworn returns of receipts and business or quarterly returns in conformity to then existing laws and regulations had been made to the Postmaster-General or to the First or Third Assistant, such returns showing that the salary allowed was 10 per cent less
Recurring to the allegations of the petition, we find it to be claimed that the readjustments were made, but not reported, and in consequence of the failure to disclose the readjustments the amount due the postmasters named in the petition is approximate^ stated. Thus plaintiffs allege that the actual time of readjustment is conjectural.
Readjustment being an executive act, the liability of the Government could not arise until that act was duly performed under the terms of the statute authorizing readjustment. Payments could neither be made nor directed to be made until some evidence of final action came into the possession of the Auditor for the Post-Office Department. Furthermore, under the rules and regulations of the Department no readjusted salary of former postmasters could be paid if the chief of the salary and allowance division refused to order payment. In passing upon so many accounts the head of the Department necessarily relied upon subordinates, and the machinery provided for that purpose was necessary because of the complex character of the work by and through subordinates which in'the nature of things was made the basis of the action of the Postmaster-General. As it is alleged in the petition that the amount due each postmaster is unknown and the time of readjustment conjectural, a motion to make the petition more definite and certain might well have been interposed by the defendants, even if a general allegation of an actual, though secret, adjustment by the Postmaster-General be deemed sufficient on demurrer, because it also appears that the proper accounting officer had never received either evidence or report of the adjustment, and thus, whatever
Generally it was required of postmasters to make out a statement at the end of each quarter, under oath, of the total value of postage stamps canceled during the quarter, as salary could not exceed the amount to which the office would be entitled on commissions and box rents. When the salary of a postmaster had become fixed there could be no increase without readjustment.. The quarterly returns operated to make readjustment take effect prospectively, because the revenues of the office had to appear bj^ the sworn statement from the amount received from canceled stamps and from box rents. While this is true, errors in adjustment were subject to correction, and it would be an unjust rule against the Government to say that the Postmaster-General was bound by the sworn statement of a postmaster, and that he was obliged officially to give it credit by making a readjustment based wholly upon an ex parte statement, without opportunity to ascertain the truth.
Errors based upon mistaken statements and frauds predicated upon false statements deterred the authorities in the beginning from increasing some of the salaries growing out of the alleged number of canceled postage stamps and the amount of box rents, and the act authorizing readjustment did not contemplate action in any case where readjustment was dependable upon doubts as to the correctness of the returns when made.
The question is whether the executive act has been performed. The oral testimony undertakes to recite facts from the records. This testimony is not the best evidence; is largely based upon information stated to have been derived from others, and includes inferences and conclusions which
It is said the readjustment is admitted, because the Postmaster-General in his report to Congress dated November 27, 1889, stated that “ the review of salaries of postmasters and'ex-postmasters of the third, fourth and fifth classes under the act of March 8, 1883, * * * has been complete, as the act of Congress approved August 4, 1880, limited the presentation of claims to January 1, 1887, and applications filed to January 1, 1887, have been reviewed.” And again, in the same report, that the Postmaster-General said, “ The review of salaries of postmasters and ex-postmasters of the third, fourth, and fifth classes under the act of March 3, 1883, has been completed.” In considering this phase of the matter Ave are Avitliout the benefit of the researches of counsel. It becomes necessary, hoAvever, to examine the question and to adA^ert to certain principles in relation to the matter of official communications and their effect as evidence in controArersies Avith the Government. The decision as . to the admissibility of these statements and their probative value is not only vital to the parties whose rights Ave are considering, but is of far-reaching consequence beyond the record presented by this complaint.
Official reports and certificates made contemporaneously Avith the facts stated and in the regular course of official duty by an officer having personal knowledge of them are admissible for the purpose of proving such facts, but the design and meaning of this rule is not to convert incompetent and irrelevant evidence into competent and relevant evidence because it is contained .in an official communication:
The report of the Postmaster-General contains the statement that he had “ reviewed ” certain salaries under a certain act; that the “ review ” had been completed.
The communication does not say how, when, in what manner, or what the result was. It merely shows an examination, but when does not appear. There is nothing to show such a readjustment as carried the necessary increase of salary to the accounts examined so as to enable the parties to sue upon the adjustment. Accordingly, the petition is dismissed. '