United States Supreme Court Cases & Opinions

U.S. Supreme Court

United States v. Weld, 127 U.S. 51 (1888)

United States v. Weld

No. 1888

Submitted March 20, 1888

Decided April 18, 1888

127 U.S. 51

APPEAL FROM THE COURT OF CLAIMS

Syllabus

In order to make a claim against the United States one arising out of a treaty within the meaning of Rev.Stat. § 1066, excluding it from the jurisdiction of the Court of Claims, the right itself, which the petition makes to be the foundation of the claim, must derive its life and existence from some treaty stipulation.

A claim against the United States made under the provisions of the Act of June 5, 1882, 22 Stat. 98, c.195, "reestablishing the Court of Commissioners of Alabama Claims and for the distribution of unappropriated moneys of the Geneva Award," is not a claim growing out of the treaty of Washington within the sense of the word "treaty" as used in Rev.Stat. § 1066.

The payment of the expenses of the Geneva Arbitration has not been charged by Congress upon the fund received under the award made there.