# Brief for the United States in Opposition — Jacobs v. United States > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386008_0383%3A4 ## Record - **Collection:** Supreme Court brief - **Document type:** Brief for the United States in Opposition - **Published:** January 1, 1933 - **Citation:** 290 U.S. 13 ## Text Opinion below. ....-.-.-.----.5 pthcenaitnmpne bint atin a iacntewanewean Seinen adept asin eee ee , ‘Conclusion - - _. : ' : CITATIONS Cases: : : ; . * Angarica v. Bayard, 127 U.S. 251 Boston Sand & Gravel Co. v. United States, 278 U.S..41_-_- Jacobs v. United States, 45 F. (2d) 34 National Volunteer Home v. Parrish, 229 U.S. 494 Phelps v. United States, 274 U.S. 341____ Seaboard Air Line Ry. v. United States, 261 U.S. 209... __ United States v. Commonwealth & Dominion — Lid.,. 287 . US. 427 Statutes: ’ Sec. 177, Judicial Code, U.8.C., title 28, sec. 284 ‘ Act of July 27, 1916 (c. 260, 39 Stat. 391, 399)_________. _ Act of March 2, 1919 (c. 95, 40 Stat. 1275, — 170446—33 ee. (x) . ’ . : - 7 , é . e ‘ " » ° : Ste open ere eid ines "OcTOBER TERM, 1932 a] No. 806 eer * E. P. Jacoss anp Avdustus GunTER, Executor oF | the Last Will of Mrs. s. B. Gunter, Deceased, petitioners — | ) | Vv. . K - ' Untrep States oF AMERIOA |: ON PETITION FOR A WRIT OF CERTIORARI TO THE UNITED STATES CIRCUIT COURT OF a FOR THE shantoaied CIROUIT | sre ae AT ere | OPINION BELOW eS | The opinion of the Circuit ‘Court of i Seite | (R. 163) is reported in OF. (2d) 326. JURISDICTION The "judgment sought, to be reviewed was entered February 13, 1933 (R. 163). Petition for certiorari was filed March 27, 1933. The jurisdiction of this ’ Court is invoked under Sec. 240 (a) of the Judicial | Code as amended Dicks the Act “ February 13, 1925. (1) ted, > | Se *K. QUESTION PRESENTED Whether in a suit against the United States | under the Tucker: Act for the taking of a right of | flowage over petitjpners’ lands resulting fom the onstruction of a dam authorized by Act of Con- - gress, petitioners: may recover interest on the © - amount of damage to their lands from the time of - the completion of the dam. STATUTES INV OLVED | mac 177 of the Judicial Code (U.S. C, Title 28, | Sec. 284) provides: Src. 177. No interest, shall be allowed on ou any claim up to'the time of the rendition of -— judgment thereon by the Court of Claims, unless upon a contract expressly a ‘for the payment: of interest * * *, | The construction of Widow’ s Bar Dam was au-. thorized by the .tivers and Harbors Act of July 27, 1916, by the as provision (39 Stat. 391, 399): Chattanooga, Tennessee, and Browns Island, - Alabama, in aécordance with the report ‘sub- _ mnitted in House Doeument Numbered Three hundred and sixty, Sixty-second Congress, second session, as modified by the report of the Board of Engineers for Rivers.and Har- bors printed in Rivers and Harbors Com- mittee’ Document Numbered One, Sixty- ' fourth Congress, first session, $500,000: . ie vee o ere fen A 19. Nepean eet ns em “+ * for onaitinang improvement by the construction of locks‘and dams between 3 7. Provided, That no contract shall be entered _- into for the. construction thereof until the — local ‘interests shall assume and pay all . claims for flowage damage or arrange to. do _ so in manner satisfactory to the Secretary . of War: Provided, further, That one high dam ot two low dams may be constracted aecording as the local interests may contri- | _ bute the cost of all claims for flowage dam- a age arising from either type of. ome re- .. | . spectively: ; ; The ‘Act of March 2, 1919 (40 Stat. 1215, 1282) contained the following provision: Tennessee Rivcr, Tennessee, Alabama, and Kentucky :\ The Secretary of ‘War is hereby ‘authorized to prosecute the work of im- provement on the existing project for ‘the section between Chattanooga and Browns Island in accordance with the recommenda- tion in report submitted in Rivers and Har- ‘ . bors Committee Document Numbered 8, Sixty-fifth Congress, third session, that the condition precedent requiring local interests "to assume and pay all claims for flowage — damages be waived. : STATEMENT . Petitioner J acobs filed a suit nalts the United . ,* States in the United States District Court fgr the ‘ Northern District of Alabama, alleging that’ he | was the owner of a tract of land situated on Jones _ Creek, a tributary of. the Tennessee River, that = | part of this land was | destroyed and “taken” by _&-. 2& ' SY ne