is generally held that it must be done within a reasonable time, which is from ten to thirty days.11

71. Review over federal courts of China and Alaska. By the Act of June 30, 1906,12 the United States court of China was established, as explained later in this chapter. Its judgments are subject to review by the circuit court of appeals of the ninth circuit, in the same manner as appeals, writs of error, and decisions from district courts. In like manner the decisions of the court of appeals in cases coming from China which are not made final are reviewable in the Supreme Court, which may also issue writs of certiorari, in all cases, whether the decision of the court of appeals is, or is not, made final.13

Review over Alaska district court. The circuit court of appeals of the ninth circuit is also given jurisdiction of appeals and writs of error from the district court of Alaska, to the same extent as courts of appeals may review the judgments and orders of other district courts. In cases of jurisdiction, constitutional law, or treaties, the Supreme Court has exclusive jurisdiction, as in other cases. The circuit court of appeals may certify questions of law to the Supreme Court, and the latter may issue writs of certiorari in like manner as in other cases.14 The district court of Alaska is a legislative court, having the ordinary jurisdiction of a state court, and also that of a district court of the United States.

11 Collier, Bankruptcy (4th ed.), p. 265.

12 34 Stats. at Large, p. 814.

13 34 Stats. at Large, p. 815; Judicial Code, § 131.

The Court of Claims.

15

72. Organization and history. The court of claims was created by the act of February 24, 1855, and originally had jurisdiction to hear and determine all claims founded upon any law of Congress or any regulation of an executive department, or upon any express or implied contract with the government; also all claims which might be referred to the court by either house of Congress.1 Its jurisdiction has been from time to time much enlarged. The two most important changes in its jurisdiction were made by the Bowman Act of March 3, 1883,16 and the Tucker Act of March 3, 1887.17 The Bowman Act provided for the investigation and determination of claims before any Congressional committee or before either house, and claims pending in any executive department. All such claims, with the papers, proofs, and documents pertaining thereto, may be sent by either house, or a committee or department, to the court of claims, whose duty it is to investigate, and report its conclusions. It has no power to enter any judgment on such claims. The Tucker Act extended the jurisdiction of the court to damages in cases other than tort, where the claimant would be entitled to redress against the government, either in a court of law, equity, or admiralty, if the United States were suable, excepting, however, war claims which had been previously rejected. It also provided for the hearing of set-offs, counterclaims, claims for dam

15 10 Stats. at Large, p. 612. 16 22 Stats. at Large, p. 485. 17 24 Stats. at Large, p. 505.

ages, or other demands of all kinds on the part of the government against the claimant. Another important provision was, that the district courts should have concurrent jurisdiction with the court of claims where the amount did not exceed $1,000, and the circuit court, when the claim exceeded $1,000 and did not exceed $10,000. This act also fixed the procedure of the court and government officers, and provided for the payment of judgments against the United States when Congress should make the necessary appropriations.

73. Jurisdiction of the court of claims.-The former acts relating to the court of claims have been revised by the Judicial Code. It has jurisdiction over claims, except for pensions, founded upon the Constitution, federal law, or executive regulations, upon any contract, express or implied, with the government, or in cases other than tort in respect to which the claimant would be entitled to redress against the government if the United States were suable, excepting war claims which have been rejected or adversely reported upon. It also has jurisdiction of set-offs, counterclaims, claims for damages, or other demands whatsoever on the part of the government against the claimant, but no suit against the government is to be brought by any officer for fees until an account thereof shall have been rendered, and finally acted upon and decided by law, unless the accounting officer fails to act within six months after the account is received in the office. It may also hear and decide claims of government disbursing officers for relief from responsibility on ac

count of the loss by capture or otherwise while in the line of duty of government funds, vouchers, records, or papers. Under the Bowman Act as revised it still has jurisdiction to consider and report upon claims pending in Congress and the executive departments. From the Tucker Act is taken a provision that either house may refer claims presented by any bill, except for a pension, pending in either house providing for the payment of the claim, or for a grant, gift, or bounty, and the court shall report the facts of the case back to the respective houses.18 By a recent act19 the court of claims may also hear and decide cases where the United States has used a patented invention without license of the owner, excluding, however, patents used by or in possession of the government before the act was passed, and excluding also claims of patentees who are government employees. In certain cases of claims against the government it is necessary to show the loyalty of the claimant. In such cases he must prove affirmatively that he did during the Civil War consistently adhere to the United States, and gave no aid or comfort to persons engaged in the Confederate service.20 The court of claims was also given jurisdiction of French spoliation claims accruing prior to the year 1801, and also claims for depredations of friendly Indians. Although the time for filing claims under these acts has long since expired, many claims of this class are still pending be

18 Judicial Code, §§ 145-151.

19 June 25, 1910, 36 Stats. at Large, p. 851.

20 Judicial Code, § 161.

fore the court. These acts were not carried into the Judicial Code for the reason that they will become obsolete when pending cases are finally disposed of.

74. Concurrent jurisdiction of the district court. -Claims not exceeding $10,000 similar to those of which the court of claims is given jurisdiction to hear and render judgment may be sued for in any district court otherwise having jurisdiction.21 This provision was contained in the Tucker Act, and was adopted as a matter of local convenience for claimants. The complaint or petition is required to be served upon the district attorney of the district where the suit is brought, and a copy must be mailed by registered letter to the Attorney General. The court must file a written opinion setting forth the specific findings of fact and conclusions of law. If judgment is rendered against the government the district attorney must transmit copies of all the papers and testimony to the Attorney General, who will then direct whether an appeal or writ of error shall be taken, which may be within six months after judgment. At each session of Congress the Attorney General makes a report of all suits so brought, and a statement of costs. The judgment is paid in the same manner as judgments of the court of claims, out of Congressional appropriations.22

The Court of Customs Appeals.

75. Organization and jurisdiction. This court was created by the Tariff Act of Agust 5, 1909, for

21 Judicial Code, § 24, Subdivision 20.

22 Tucker Act, 24 Stats. at Large, pp. 506, 507.