Prologue — Williams v. United States

CERTIFICATE

Supreme Court of the United States

OCTOBER TERM, 1932

No. 728

THOMAS 8. WILLIAMS

vs.

_ THE UNITED STATES

ON CERTIFICATE FROM THE COURT OF CLAIMS

FILED FEBRUARY 24, 1933

(37,425)

(37,425)

SUPREME COURT OF THE UNITED STATES

OCTOBER TERM, 1932.

No. 728

THOMAS S. WILLIAMS

vs.

THE UNITED STATES

ON CERTIFICATE PROM SHE COURT OF CLAIMS

INDEX

Original Print

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[fol. 1]

IN COURT OF CLAIMS OF THE UNITED STATES

No. 42313

Tuomas S, “YILLIAMS

v.

Tue Unirep States

STATEMENT OF Facts anp CERTIFICATE

Messrs. George A. King, George R. Shields, and Herman

J. Galloway appeared for the plaintiff.

Messrs. Charles F. Kincheloe and H. B. Holland appeared

for the defendant.

Before Acting Chief Justice Green, Judge Littleton, Judge

Whaley (Judge Williams Taking no Part; Chief Justice

Booth Taking no Part on Account of Tllness)

The Court of Claims hereby certifies that the record of

the above-entitled case now pending before it Ciscloses the

following:

The plaintiff, Thomas S. Williams, has duly filed his peti-

tion in the Court of Claims on the eighth day of February,

1933, in which he claims and asks judgment against the

United States for the sum of $1,458.33, as salary due him

from July 1, 1932, to January 31, 19338, all of whieh will

more particularly appear from his said petition, a copy of

which accompanies this certificate and is marked ‘‘Ex-

hibit A’’.

The petition of the plaintiff, among other things, alleges

[fol. 2] that on November 1, 1929, he was appointed by the

President of the United States, a Judge of the Court of

Claims by and with the consent of the Senate; that he took

the oath of office and entered on duty on November 11, 1929,

and has continuously since that date and still is exercising

the duties and powers of a Judge of the Court of Claims.

From and after the date of his appointment and entry

upon his duty, he received a salary as Judge of the Court

of Claims at the rate of $12,500 a year until June 30, 1932,

and this salary was paid pursuant to the Act of December

5)

13, 1926, Ch. 6, See. 1, 44 Stat. 919, ‘‘An Act to fix the sala-

ries of certain judges of the United States’’, providing as

follows: ‘‘To the Chief Justice of the Court of Claims and

to each of the other judges thereof the sum of $12,500 per

year.”’

From and after July 1, 1932, he has been paid only at

the rate of $10,000 a vear owing to a ruling of the Comp-

troller General of the United States that the salary of a

Judge of the Court of Claims is reduced to that amount by

the provisions of Part IT of the Act of June 30, 1932, ‘*Mak-

ing appropriations for the Legislative Branch of the Gov-

ernment for the fiseal year ending June 30, 19337’, ete., Ch.

314, 47 Stat. 382, 399-403.

The amount of difference in said salary between the legal

rate of $12,500 and the lesser amount paid of $10,000 a year

amounts, from July 1, 1932, to January 31, 1933, to $1,458.33,

[fol.3] being the amount which he claims.

The petition further alleges that plaintiff is advised by

counsel and believes that by means of no other proceeding

or in no other court can he sue to recover the salary herein

claimed or obtain an authoritative definition of the status

of the Court of Claims.

That his claim is based upon the following, amone other,

provisions of the Constitution and statutes of the United

States:

Constitution: Article I, Section 8, Paragraph 9, provid-

ing that ‘‘The Congress shall have power,’’ among other

things, ‘‘To constitute tribunals inferior to the Supreme

Court.’

Article III, Section 1, providing:

‘*The judicial power of the United States shall be vested

in one Supreme Court, and such inferior courts as Congress

may from time to time ordain and establish. The judges,

both of the Supreme and inferior courts, shall hold their

offices during good behavior; and shall, at stated times, re-

ceive for their services a compensation, which shall not be

diminished during their continuance in offiee.”’

Article TIT, Section 2, providing that ‘The judicial power

shall extend’’, amone other things ‘*to controversies to

Which the United States shall be a party.’

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»

The Act of February 24, 1855, creating the Court of

Claims; the Act of March 3, 1863, conferring upon the Court

of Claims the power to enter final judgrnent upon claims

against the United States; the Act of March 12, 1863; the

Aet of Mareh 17, 1866; the Act of May 9, 1866; the Act

[fol. 4] of March 3, 1887, commonly known as the Tucker

Act, entitled ‘*An Act to provide for the bringing of suits

against the Government of the United States’’, conferring

jurisdiction upon the Court of Claims, among other things,

{o hear and determine ‘‘claims founded upon the Constitu-

tion of the United States or any law of Congress’

Also the Judicial Code, so far as it relates to ~ Court

of Claims: the Aet of December 13, 1926, to which reference

has hereinabove been made; and the Act of July 1, 1932,

making appropriation for the payment of the salaries of

the Judges of the Court of Claims for the year ending June

30, 1933.

That plaintiff was informed that about the thirteenth day

of July, 1982, the Comptroller General of the United States

held that the Court of Claims as well as certain courts of

the Distriet of Columbia are ‘‘legislative’’ rather than

‘Cconstitutional’’ courts, and that the compensation of the

Judees thereof might constitutionally be diminished during

their term of office.

That plaintiff is the owner of the cl.'m of which there has

heen no assignment or transfer and has at all times borne

{rue allegiance to the Government of the United States and

never in any way voluntarily aided, abetted, or given en-

couragement to rebellion against the said Government, and

is a citizen of the United States.

To this petition, the defendant has filed a demurrer on

the following grounds:

‘1. The petition does not state a cause of action against

(fol. 5] the defendant within the jurisdiction of this Court.

2. The petition does not state a cause of action against

the defendant.

3. The defendant specially demurs to sail petition for

the reason that the judges of the Court of Claims of the

United States are not judges of ‘inferior courts’ within

the meaning of Section 1 of Article 3 of the Constitution

of the United States, and are, therefore, not ‘judges whose

PAPO METEOR eR

4

compensation may not, under the Constitution, be dimin-

ished during their continuance in office’ within the meaning

of Section 107 (a) (5) of the Act of June 30, 1932, ¢. 314,

47 Stat. 382, 402.’’

The defendant, by the filing of this demurrer, admits the

facts stated in the petition to be true, and upon the record

before it the Court finds it necessary for a proper disposi-

tion of the’case that certain constitutional questions should

be determined. These constitutional questions are as fol-

lows:

Questions CERTIFIED

I. Does Section 1, Article ITI, of the Constitution of the

United States apply to the Court of Claims and forbid a

reduction of the compensation of the Judges thereof during

their continuance in office?

II. Does the provision of Seetion 2, Article III, of the

Constitution, wherein it is stated that ‘‘The Judicial Power

shallextend * * * to controversies to which the United

States shall be a party’’, apply to the Court of Claims, and

does this provision authorize the creation and establish-

[fol. 6] ment of that Court?

III. Can the compensation of a Judge of the Court of

Claims be lawfully diminished during his continuance in

office?

It is respectfully requested that the Supreme Court of

the United States give appropriate instructions on the

above questions and certify and transmit the same to the

Court of Claims of the United States for its guidance in

the further progress of the case.

Wm. R. Green, Acting Chief Justice. Benjamin H.

Littleton, Judge. Richard S. Whaley, Judge.

[fol. 7] Exarsit ‘‘A’’ To CEertiFicAaTE

In rus Court or CLAIms

No. 42313

Tuomas W. WiILuiAMs

v.

Tue Unitep States

Petition—Filed February 8, 1933

To the Honorable the Court of Claims:

I. The plaintiff was on the Ist day of November, 1929,

appointed by the President of the United States, by and

with the advice and consent of the Senate, a judge of the

Court of Claims. He took the oath of office and entered

on duty on the 11th day of November, 1929, and has been

continuously since that date and still is exercising the du-

ties and powers of a judge of the Court of Claims.

II. From and after the date of his appointment and entry

upon duty he received a salary as judge of the Court of

Claims at the rate of $12,500 a year, prescribed by law,

until the 30th day of June, 1982.

From and after July 1, 1932, he has been paid only at the

rate of $10,000 a year, owing to a ruling of the Comptroller

General of the United States that the salary of a judge of

the Court of Claims is reduced to that amount bythe pro-

visions of Part II of the act of June 30, 1952, ‘* Making

appropriations for the Legislative Branch of the Govern-

ment for the fiseal year ending June 30, 1985,7" ete. Ch.

314, 47 Stat. 382, 399-403.

[fol.8] The amount of difference in said salary between

the legal rate of $12,500, and the lesser amount paid at

410,000 a year, amounts from July 1, 1952, to January 31,

1933, to $1,458.33, which amount he claims.

III. This suit is brought by plaintiff with reluctance to

sue in the court of which he is a member. He sues prin-

cipally to obtain an authoritative decision in regard to the

status of the Court of Claims as an inferior court of the

United States, the compensation of whose members may

6

not constitutionally be diminished during their continuance

in office.

IV. Plaintiff is advised by counsel and believes that by

means of no other proceedings or in no other court can he

sue to recover the salary herein claimed or obtain an au-

theritative definition of the status of the Court of Claims.

V. This claim is based upon the following, among other,

provisions of the Constitution and statutes of the United

States:

Constitution: Article I, Section 8, Paragraph 9, provid-

ing that ‘‘The Congress shall have power,’’ among other

things, ‘*To constitute tribunals inferior to the Supreme

Court.”’

Article III, Section 1, providing:

€ ‘*The judicial power of the United States snall be ve-ted

; in one Supreme Court, and such inferior courts as Con-

gress may from time to time ordain and establish. The

judges, both of the Supreme and inferior courts, shall hold

their offices during good behavior; and shall, at stated times,

receive for their services a compensation, which shall not

be diminished during their continuance in office.’’

[fol. 9] Article LLL, Section 2, providing that **The judicial

power shall extend,’’ among other things **to controversies

to Which the United States shall be a party.’

Act of February 24, 1895, Ch. 122, 10 Stat. 612, **.An Act

to establish a court for the investigation of claims against

the United States,’’ creating the Court of Claims,

Act of March 3, 1863, Ch. 92, 12 Stat. 765, *‘An act to

amend ‘An Act to establish a court for the investigation of

claims against the United States, approved February 24,

1855,’ ** conferring upon the Court of Claims the power to

enter final judgments.

Act of March 12, 18638, Ch. 120, 12 Stat. 820, conferring

upon said court jurisdiction of all claims for abandoned or

captured property in any State or Territory designated as

in insurrection against the Government of the United States

and providing for judgments in favor of owners of such

property for the proceeds thereof.

Act of March 17, 1866, Ch. 19, 14 Stat. 9, ‘*An Act in re-

lation to the Court of Claims,’’ repealing the provision for

estimate or revision by the Secretary of the Treasury over

7

judgments of the Court of Claims and providing for appeal

to the Supreme Court from such judgments.

Act of May 9, 1866, Ch. 75, 14 Stat. 44, an act extending

the jurisdiction of said court to claims of any paymaster

or quartermaster, ete, or other disbursing officer of the

United States for relief from responsibility for Government

funds, ete,

Act of March 3, 1887, commonly known as the Tucker Act,

Ch. 359, 24 Stat. 505, **An Act to provide for the bringing

of suits against the Government of the United States,’’ re-

defining the jurisdiction of the Court of Claims and con-

ferring upon it jurisdiction, among other things, ‘tof claims |

(fol. 10] founded upon the Constitution of the United States

or any law of Congress,’’ ete.

Judicial Code, Ch. 7, relating to the Court of Claims,

particularly Section 136 thereof, now included in the United

States Code, Title 28, as Section 241, providing that the

Court of Claims shall consist of a Chief Justice and four

judges, all to be appointed by the President by and with

the advice and consent of the Senate, and to hold their

offices during good behavior.

Act of December 13, 1926, Ch. 6, Seetion 1, 44 Stat. 919,

“An Act to fix the salaries of certain judges of the United

States,’’ providing as follows: ‘To the Chief Justice of

the Court of Claims and to each of the other judges thereof

the sum of $12,500 per year.’’

Act of July 1, 1982, Ch. 361, 47 Stat. 475, 491, making

appropriations for the Departments of State and Justice

and for the Judiciary, ete., for the fiscal vear ending June

30, 1933, in which appropriation is made for payment of

the salaries of the Chief Justice and the four judges of

the Court of Claims at $12,500 each a year.

VI. No action has been had on said claim in Congress,

The only action bearing on this question of which plaintiff

is informed is that on or about the 13th day of July, 1952,

the Comptroller General of the United States held that the

Court of Claims, as well as the higher courts of the District

of Columbia, are ‘legislative’? rather than ‘*constitu-

tional’? courts and that the compensation of the judges

thereof might constitutionally be diminished; no person

other than the plaintiff is the owner thereof or interested

therein; no assignment or transfer of this claim, or of any

PP eae aero Mei FH

OSE EAL SAE ON HMA

8

part thereof or interest therein, has been made; the plain-

tiff is justly entitled to the amount herein claimed from the

[fol. 11] United States, after allowing all just credits and

offsets; the plaintiff has at all times borne true allegiance to

the Government of the United States and has not in any

way voluntarily aided, abetted, or given encouragement to

rebellion against the said Government. The plaintiff is a

citizen of the United States. The plaintiff claims as due

him from July 1, 1932, to January 31, 1933, the sum of

$1,458.33.

Thomas S. Williams. George A. King, George R.

Shields, Herman J. Galloway, Attorneys for

Plaintiff.

Duly sworn to by Thomas S. Williams. Jurat omitted

ie printing.

[fols. 12 & 13] CLEeERK’s CERTIFICATE

I, Willard L. Hart, Chief Clerk of the Court of Claims of

the United States, do hereby certify that the foregoing cer-

tificate in the case of Thomas S. Williams v. The United

States, No. 42,313, was duly filed and entered of record in

my office by order of said court, and as directed by said

court, the said certificate is by me transmitted to the

Supreme Court of the United States for its action thereon.

In testimony whereof I hereunto subseribe my name and

affix the seal of the Court of Claims of the United States,

at my office in Washington, D. C., this 24th day of February,

A, D. 1933.

Willard L. Hart, Clerk Court of Claims of the

United States. (Seal Court of Claims.)

Endorsed on cover: File No. 37,425. Court of Claims.

Term No. 728. Thomas S. Williams vs. The United States.

Certificate, Filed February 24, 1933. File No. 37,425.

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