United States Supreme Court Cases & Opinions

U.S. Supreme Court

Reid v. United States, 211 U.S. 529 (1909)

Reid v. United States

No. 552

Argued December 11, 14, 1908

Decided January 4, 1909

211 U.S. 529

Syllabus

Suits can be maintained against the sovereign power only by its permission and subject to such restrictions as it sees fit to impose, Kawananakoa v. Polyblank, 205 U. S. 349, and a statutory change in the ordinary business of the courts will not be held to extend that permission when the general policy as to such suits is maintained. United States v. Dalcour, 203 U. S. 408.

The Act of March 3, 1891, 26 Stat. 826, c. 517, deals with general, and not special, jurisdiction, and nothing in §§ 5, 6, or 14 extended the right of review of judgments of the district court sitting as a Court of Claims under the Act of March 3, 1887, c. 359, 24 Stat. 505, and a writ of error will not lie to review a judgment in favor of the government on a claim of less than $3,000.

Courts must take notice of the limits of their jurisdiction, and the government should not consent to allow a suit against it to proceed if the court has not jurisdiction.

Page 211 U. S. 530

Not decided, the Court not having jurisdiction of the appeal, whether an enlisted man can, under the circumstance of this case, be discharged without honor by order of the President without trial by court-martial.

The facts are stated in the opinion.

Page 211 U. S. 536