Daily American organ., 1856-04-23
Court OF Claims.
ABSTRACT OF OPINIONS DELIVERED.
PREPARED By JOHN @. DEyEREUx AND n. THoNr-
SON, CoUSsrLLoRs AT LAW. /,
Regulations Of the .Dspaysmsnss.

Regulations Of the departments.
81. Rules in force at the Treasury Department
for the methodical conduct Of business there can
not, in suit in this court supersede the ordinary
principles and requirements Of the Law Of evidence,
nor they add anything to what the law requires
Of a claimant in this court to make out his case.--
Giichria, @. u; Todd vs.. United Stases
49,. The approval Of the commodore upon vouch-
ers OF purser in the navy to expenditures Is 10
be regarded only as required by rule Of convent
ence at the Treasury, but cannot be considered in
this court as in itself evidence.--I
80. Under peculiar circumstances, wanton dis
regard of the rules of the Treasury Department
might be indicative Of fraud, or of such gross neg
ligence in the claimant might authorize the re-
lection Of his claim in this court.-I5.
40. II the accounts of an officer (purser in the
navy be substantially correct he 10 not to be sub
jected to the charge of gross negligence because
ignorant of merely formal rules Of proof required
by the Department, but not by an act Of Congress.
ID 4 N n 81.
Al. 1t seems where the claimant upon petition
makes out his case against the United States the
court grants relief notwithstanding previous de-
cison of the War Department that the claimant
could not receive the compensation sought under
a resolution and act Of Congress, through the in
strumentaity Of the Department, on account Of its
existing regnlations.--Per Gilchrist, @. y; Beau
grand vs.. United States q 5ss -,
+
AZ. It seems the court will review the construc-
tion given to a statute by the accounting officers
of the Treasury in the discharge Of Official duty,
where they have declined to act under It, even in
matter specially referred by act Of Congress to be
adjusted by them Gilchrist, O. J; Wigg VS..
United States a1 n f. ats
43. If contract with the government 10 sus-
ceptible of two constructions, one consistent and
the other inconsistent with the act Of Congress au
thorizing such contract, the former construction
must be adopted.--Psr Scarbuyy, J.; Gi66onsc
and Shelby We. United States. asf e Etftss, Sf
A. Where the law creates . duty or charge,
and the party is disabled to perform II without any
default in him, and hath no remedy even, the law
will excuse him--Ib. @ m sta s.g yl
AS. When party, by his own contract, creates
duty or charge upon himself be is bound to
make il good If he may, notwithstanding any scci-
dent by inevitable necessity, because he might
have provided against it by his constraot.--I6. 4.
48. It seems the assignment and delivery to the
United States of the bill of ladng and policy of in
surance are equivalent to and in effect delivery
to them Of articles shipped.--H.
AZ. Under contract as private carrier for hire
to carry and deliver the law only implies the prom
Use to use ordinary diligence.-B. l R
48, Private carriers tor hire are bound only for
ordinary diligence and responsible only for ordina-
ry neglect; they are bound to use such diligence
as every prudent man COMMONLY takes of his own
goods.-Ib. t.s ,.r-
40. The law implies an agreement on the part
OF private carriers for hire to make good any losses
arising from the negligence Of their own servants.
10. sas
30. An express warranty by q private carrier for
hire that the goods all 60 safely merely puts him
into the situation Of common carrier.--Ib. 81, Il
d. Where, during the military occupation Of
Mexico in lS47, our officer commanding ct Pusbla
ordered sale at auction of captured tobacco, and
the same was advertised and sold accordingly, and
subsequently delivered and paid for, held there
were all the elements necessary 10 constitute con-
tract, and with the United States.-Psr GilcArisf.
O. J.; Porte w. United States. ~ s
62. After such sale and payment by tho vendee
the United States had greater right to take the
property again into their possession, without In
Identifying those who might have . claim to It.
than any individual would have to take property
from his vendee on the ground that he, the ven-
dor, had no right to sell it.--I6 ss. rs..s
53. There is no reason why the United States
should stand in any better position, in regard to
property in their possession, than private citi-
zen.--Ib. ~ a.t. ss., t.-sv.sT.t ss 4 $3.50 d IS,
"a. In every sale of personal property, except
judicial sale, there is implied warranty of title or
of peaceable possesson.--Ib. sr y s;ssfg
So. sale Of the United States, acting through
their officers, in an enemy's country of personal
property in their possession to which they claim a
title by the rights of war, is not Judicial sale or
made by authority of a court. For the purposes of
such sale, the officers making it are not to be re-
garded as court Of law or officers Of court.--B.
s1 Boards Of Commissioners s, ,
So. The final decision of the Board of Commits
sioners, under our treaty Of Ed February, 1919.
with Spain, disallowing claim, must be taken TO
be correct--the Judgment of judicial tribunal Of
exclusive jurisdiction, without appeal and com
har .Iar. oc.
the court per Bfackford, IL Thomas vs. United
States. zag ,858 at a1 1ttfA
(The Board referred to had authority oto re-
ceive, examine, and decide upon the amount and
validity Of the claims referred to it)
81. The Board of Commissioners under the con-
vention Of 1881 with France had exclusive juris-
dction, under the act Of Congress- Of the cases re-
its Judgment to any other tribunal.--Per Black
ford, j.; Roberts va. United States. 98h
SO. The decision of the Commissioners to carry
into effect the treaty Of 1881 with France against
a claim, like the judgment of court Of competent
jurisdiction is bar to petition in this court for
the same demand.--Ib. sA tf f ss4 hs
SO. The disallowance by Commissioners of 4
claim, the ground that fact material to the es-
tablishment Of the claim is not proved, b dial
lowsnce Of the merits.--Ib. sh'm 10
60. When Congress has conferred upon an indi-
vidual, or board, or department, the power TO
examine and decide matter, and the matter has
been decided, is such decision finalY Q,4sre-Psr
G'icArist, O. ~; Wigg W. United States q
Rights Of War.
81. The principles regulating the rights Of ma
tions at war, when an army is in possession Of an
enemy's country, are clearly established by writer's
on the law of nstions.-Per Giichrist, q. j.:
Porte va. United States.
SO. Our army, while in actual possessionin Mex-
ico by the law Of nations had right to seise the
property cf the Mexican government a. lawful