# Petition for Writ of Certiorari — Jones v. United States

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## Record

- **Collection:** Supreme Court brief
- **Document type:** Petition for Writ of Certiorari
- **Published:** January 1, 1966
- **Citation:** 382 U.S. 975

## Text

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4

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IN THE
SUPREME COURT OF THE
UNITED STATES

October Term 1965

KENNETH L. JONES, ADMINISTRATOR
of the
ESTATE OF JOSEPH BALL, DECEASED

Petitioner

THE UNITED STATES

Respondent

Office-Supreme Court, U.S.
FILED

OGT 11 1965

JOHN F. DAVIS, CLERK

PETITION FOR A WRIT OF CERTIORARI
TO THE UNITED STATES COURT OF CLAIMS

3

,

To the Honorable Earl Warren, Chief Justice of the United
States, and to the Honorable Associate Justices of the Su eme
Court of the United States:

Petitioner respectfully prays that a writ of certiorari
issue to review the judgment of the United States Court of
Claims entered April 12, 1965 and denial of Motion for
Amendment of court order July 16, 1965 entered in the
above-entitled case.

5 Jurisdietion

The judgment of the Court of Claims was entered on
April 12, 1965 without oral Argument, it was concluded that
plaintiff’s claim was barred by the statute of limitations. (28
U.S.C. 2501) The motion for amendment of Court Order
was denied on July 16, 1965. The jurisdiction of this court
is invoked under 28 U.S.C. 1255 (1).

Questions Presented

Whether the Act of April 28, 1796 (1 Stat. 485)
affects, amends or repeals, or the terms and condi-
tions of (Sec. 3 & 4, 13 & 15) of Act of August 4, 1790
(Vol. 1 P. 188) and whether petitioner’s claim is barred by
28 U.S.C. 2501?

Constitutional Provision Involved

Nor shall any person be deprived of life, liberty, or
property without due process of law; nor shall private prop-
erty be taken for public use without just compensation (U.S.
Const. Amend. 5.) The validity of the public debt of the
United States, authorized by law, including debts incurred
for payment of pensions and bounties for services in sup-
pressing insurrection or rebellion, shall not be questioned. (U.
S. Const. Amend (XIV Sec. 4) The Funding Act of August
4, 1790 (Vol. 1 P. 188) Sec. 3 and 4. (See Appendix A)

Statement

This suit was brought by petitioner in the Court of
Claims under (The Funding Act of August 4, 1790) as con-
tained in the Statutes at Large (Vol. 1 P. 138) for the pay-
ment of unpaid interest which, is payable on demand and,
not the principal which, is to be paid at the pleasure of the

‘United States of America. The amount of the principal is
$82,282.95 of stock authorized and issued by the United States
of America, which is due the Estate of Joseph Ball deceased.
The respondent asserted the Statute of Limitations as its
defense. (Ses Act of April 28, 1796 (1 Stat. 458) (Act of
March 3, 1863 (12 Stat. 767) (28 U.S.C. 2501)

That defense is expressly barred by Shepard's Table
of Federal Acts of 1964 Entitled (The Funding Acts) August
4, 1790 C. 34 (1 Stat. 138) (Feb. 25, 1862 C. 33 (12 Stat.
345) (July 14, 1870 C. 256) (16 Stat. 272) Jan. 25, 1879 C.
24 (20 Stat. 265) Feb. 26. 1879 C. 102 * Stat. $21) March
14, 1900 C. 41 (31 Stat. 45)

„These Acts were to refund the floating debt of the
United States, such as, The loan of 1790 approved Aug. 4,
a 3 and 4, But does not change the terms of the
said Act.

the’ Act of April 28,
or, affecting or,

The index
2 et August 4, 1790, and the terms f in
rtue in 1873.

June 30, 1896 N by William F. Dekaight 1 — the
. Fount Tillman, Register of the Treasury of
‘the United States (Treasury Dept. Doc. No. 1943) Office of
the Register. (Appendix B) DeKnights’ History (P. 33) as
was prepared, under the direction of the Register of the
Treasury, cites the aw of the Loan of 1790, Approved
August 4, 1790 (Sec. 3, 4, 18, and 15) The length of loan
indefinite ; redeemable by payments not to exceed 8 per-
cent,, per annum! Who would know the terms of a stock
issue, that was issued by the United States Treasury De-
partment, any better than the Register of the U. S. Treasury?

The table of Repeals and Amendments to the Federal
Statutes proves by the law, that the Act of April 28, 1796
(1 Stat. 458) does not affect the Act of August 4, 1790 as
setting a date of maturity on the loan of 1790, so ‘therefore
the Act of March 3, 1863 Sec. 10 (12 Stat. 767) and 28 U.S.C.

2501 are expressly barred, and the Statute of Limitations
does not apply to petitioner’s claim.

3
me Reasons for Granting the Writ

The importance of the question

One of the great debates of the United States Co
assembled of 1790, concerned the importance of the public
Credit and, the existing debt of the new nation, being a
debt that was made, to establish America its freedom. (U.S.
Constitution Amend. 14 Sec. 4) Under that provision, the
validity of the public debt of the United States, authorized

emergencies can-
not be doubted; so on the other, it is equally evident that
to be le to borrow upon good terms, it is essential that the
credit vf a nation should be well established.

Claims presented by petitioner is a part of the public.
debt authorized by law being a part of the first loan and
funding act of the new government of United States of
America, and therefore should not be questioned; and is an
important question of federal law which has not been, but
should be settled by the United States Supreme Court. The
decision of this court will have a reflection upon the public
credit of today.

) Nor be deprived of life, liberty or property without due
process of law; nor shall private property be taken for

public use without just compensation. As the administrator
of the Estate of Joseph Ball I have been denied a hearing
and the right to be heard by a court.

In the Federal Code Annotated (Civil Remedies and
Proceedings in General P. 482. A. 14 Sec. 1) The Due Process
Clause in its procedural sense is a guarantee that, before one
may be deprived of property, a hearing must be had before
a judicial or quasi-judicial body according to established rules
of law. (Morris Plan. Co. V. State, 73 Cal. App. (2d Series)
415, 166 Pac. (2D) 627

(Amend. 14 Sec. 1 P. 482) The right to notice and a
hearing is one of ancient origin, and by the Due Process
Clauses has been safe-guarded to all against deprivation by
the federal and State governments. In Re (Central R. Co.
(CCA8) 136 F (2D) 633

(Amend. 14 Sec. 1 P. 482) The Constitutional guaran-
tee of due process of law is intended to protect the indi-
vidual against the arbitrary exercise of government power
and to secure equal protection of the law to all. LaPorte v.
Bitker (DC-WIS) 55 FSU PP 882 AFF’d 145 F (2D) 445;
Veron v. State 245 ALA 633, 18 SO (2D) 388.

Due Process of Law means notice, a hearing accord-
ing to that notice, and a judgment entered in accordance
with such notice and hearing. Garrett v. Reid 244 Ala: 254.
13 SO (2D) 97.

(Amend. 14 Sec. 1 P. 483) A court cannot deprive one
who is not in default of a right of a right to be heard. Dolan
v. Roy, 286 Mass. 519, 190 NE 717.

(Amend. 5 P. 155) As the Due Process Clauses of the
federal Constitution safeguard private property against a
taking for public use without just compensation, neither na-
tion nor state may require the use of privately owned property
without just com tion. California Water and Telephone
Co. v. Railroad Commission, (DC—CAL) 19 FSU PPII.

Conclusion

Whether or not the Act of April 28, 1796 (1 Stat. 458)
affects, amends or repeals, or changes the terms and condi-
tions of (Sec. 3 & 4, 13 & 15) of the Act of August 4, 1790
(Vol. I P. 138) and whether petitioner's claim is barred by
28 U.S.C. 2501?

7

Is it constitutional that the United States of America
has a right to put a limitation upon the public debt without
the consent of the holder or holders of such securities that,
constitute a part of the public debt?

For all the foregoing reasons, it is respectfully sub-
mitted that this petition for a writ of certiorari should be
granted.

APPENDIX A

The Funding Act of August 4, 1790 Sec. 3. Be it there-
fore further enacted, that a loan to the full amount of the
said domestic debt be, and the same is hereby proposed; and
that books for receiving subscriptions to the said loan be
opened at the treasury of the United States, and by a com-
missioner to be appointed in each of the said states, on the
first day of October next, to continue open until the last day
of September following inclusively; and that the sums which
shall be subscribed thereto, be payable in certificates issued
for the said debt, according to their specie value, and com-
puting the interest upon such as bear interest to the last
day of December next, inclusively ; which said certificates shall
be of these several descriptions, to wit:

Those issued by the register of the treasury.

Those issued by the commissioners of loans in the
several states, including certificates given pursuant to the act
of Congress of the second of January; one thousand seven
hundred and seventy-nine, for bills of credit of the several
emissions of the twentieth of May, one thousand seven hun-
dred and seventy-seven, and the eleventh of April, one thou-
sand seven hundred and seventy-eight.

Those issued by the commissioners for the adjustment
of the account of the quartermaster, commissary, hospital,
clothing, and marine departments.

Those issued by the commissioners for the adjustment
of accounts in the respective states.

Those issued by the late and present paymaster-general,
or commissioner of Army accounts.

Those issued for the payment of interest commonly
called indents of interest.

And on the bills of credit issued by the authority of
the United States in Congress assembled, at the rate of one
hundred dollars in the said bills for one dollar in specie.

Sec. 4 And be it further enacted, that for the whole
or any part of any sum subscribed to the said loan by any
person or persons, or body politic, which shall be paid in
the principal of the said domestic debt, the subscriber or-
subscribers shall be entitled to a certificate, purport’ g that
the United States owe to the holder or holders thereof, his,
her, or their assigns a sum to be expressed therein, equal

— eee,

_

to two thirds of the sum so paid, bearing an interest of six
per centum per annum, payable quarter yearly, and subject to

cate; and to another certificate purporting that the United
States owe to the holder or holders thereof, his, her or their

a hundred, of the sum 2 which after the year one
bear an interest of six per
centum per annum, payable quarter yearly, and subject to

both of principal and interest, the proportion of eight dollars
upon a hundred of the sum mentioned in such certificate: Pro-
vided, That it shall not be understood that the United States
shall be bound or obliged to redeem in the proportion afore-
said ; but it shall be understood only that they have a right so
to do.

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10

APPENDIX B

HISTORY
of the
CURRENCY OF THE COUNTRY AND OF THE
LOANS OF THE UNITED STATES
from the
Earliest Period to June 30, 1896

prepared by

WILLIAM F. DE KNIGHT

(Office of the Register)

Under the direction of

J. FOUNT TILLMAN,

Register of the Treasury
» WASHINGTON:
Government Printing Office.
1897.

-@

TREASURY DEPARTMENT,
Document No. 1943.
Office of the Register.

11

HISTORY OF THE CURRENCY OF THE COUNTRY.
(page 33)

tions made by the act. The contract for the loan provided for
its repayment upon similar terms as the preceding loan from
the Bank of New York, the revenues derived 5 on

ployees of the Congress, the payment of the salaries of the
civil list, ete., and of arrears of interest on the Dutch loans.

There was in the Treasury at the time a sum not ex-
ceeding $50,000.

HOLLAND LOAN OF 1790. (ACTS OF AUGUST 4 AND
12, 1790, SECTIONS 2 AND 4, RESPECTIV ELY.)

Length of loan, ten to fifteen years ; redeemable by lot, in
five equal annual installments, from February 1, 1800; amount
authorized, $14,000,000; amount issued, $1,200,000; sold at
par (Bayley, considering commission and expenses, says “sold
at 95% per cent.“); interest, 5 per cent., payable annually;
first issue, first calendar quarter of 1790; final redemption,
first calendar quarter of 1804.

The act of August 4, 1790, authorized a loan of not ex-
ceeding $12,000,000, to be applied to paying, in whole or in
part, the foreign debt of the United States. The act of Au-
gust 12, 1790, authorized a loan of not exceeding $2,000,000,
to be applied to the purchase of the debt of the United States;
rate of interest, in the first instance not limited, in the second
not to exceed 5 per cent. The charges for commission and
expenses were fixed by contract at 4% per cent. on the
principal.

SIX PER CENT., THREE PER CENT., AND DEFERRED
SIX PER CENT. STOCKS OF 1790.

(ACT OF AUGUST 4, 1790, SECTIONS 3, 4, 13 AND 15.)

Length of loans, indefinite; redeemable by payments not
to exceed 8 per cent. per annum; amount authorized, indefi-
nite; amount issued, of Six per cents., $30,088,397.75, of
Three per cents., $19,719,237.39, of Deferred six per cents,
$14,649,328.76; total, $64,456,963.90; sold at par; interest,
6 and 3 per cent., payable quarterly ; first issue, Six per cents.,

12

(page 33, continued)

January 1, 1791; Three and Deferred six per cents., Janu-
ary 1, 1800. Amount outstanding June 30, 1896, $27,869.77,
$13,953.13, and $13,934.90, respectively; total $55,757.80.

These loans provide for the funding of the domestic debt.
Subscriptions were to consist of the certificates issued under
the authority of the Continental Congress, and by the respec-
tive States, the same to be received at rates scaled greatly
below their face value. The amount outstanding is included
in the Finance Report under the title of “Old Debt.”

Of the Three per cents., in 1807 and 1808, $2,861,309.15
was redemed by $1,859,850.70 of the Converted six per cent.
stock of 1807, the discount amounting to $1,001,458.45. Of
the Six per cents. and Deferred six per cents., in 1807 and
1808, $6,294,051.12 was redeemed by an issue of Exchanged
six per cent. stock of 1807, and in 1812 and 1813, $2,984,746.72
by an isue of Exchanged six per cent. stock of 1812, at par;
total, $9,278,797.84.

COPY OF OBLIGATION.
Six per cent. stock of 1790.

(Me. i..%3 United States Loan Office,

Be it known, that there is due from the United States of
America unto ...... na assigns, the sum of
bearing interest at six per cent. per annum, from the first day
of January, 1791, cap Sept payable quarter-yearly, and
subject to redemption by payments, not exceeding in one year,
on aceount both of md pal and interest, the proportion of
Eigh Dollars upon a Hundred of the stock bearing interest
at six per cent.; created-by virtue of an act, making provision
for the debt of the United States, passed on the fourth day of
August, 1790, which debt is recorded in this office, and is
transferable only by appearance in person, or by attorney, at
the proper office, acording to the rules and forms instituted

for that purpose.
. Dollars. feu Aten yoo ee

13

IN THE UNITED STATES COURT OF CLAIMS
No. 184-64

~

*

KENNETH L. JONES, ADMINISTRATOR OF THE
ESTATE OF JOSEPH BALL, DECEASED

V.

THE UNITED STATES

—

ORDER

This case comes before the court on defendant's motion
for summary judgment. Upon consideration thereof, together
with the opposition thereto, and without oral argument, it is
coneluded that plaintiff's alleged claim is barred by the statute
of limitations, 28 U. S. C. § 2501, and

IT IS ORDERED that defendant’s motion for summary
judgment be and the same is granted, and plaintiff’s petition
is dismissed.

BY THE COURT

Wilson Cowen
Chief Judge

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