Cartas v. United States,
250 U.S. 545 (1919)

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U.S. Supreme Court

Cartas v. United States, 250 U.S. 545 (1919)

Cartas v. United States

No. 122

Motion to dismiss or affirm submitted October 13, 1919

Decided November 10, 1919

250 U.S. 545


To review a judgment of the Court of Claims dismissing a petition for want of jurisdiction upon the ground that the facts alleged have no tendency to establish a contract with the United States, a finding of facts is not essential. P. 250 U. S. 546.

Paragraph 13 of Article 8 of the Articles for the Government of the Navy (Rev.Stats. § 1624), which imposes a penalty on any person in the Navy who receives, etc., on board his vessel any goods or merchandise, for freight, sale, or traffic, except gold, silver or jewels, for freight or safekeeping; or who demands or receives any compensation for the receipt or transportation of any other article than gold, silver or jewels without authority from the President or the Secretary of the Navy, recognizes and limits the preexisting discretion of commanding officers to receive property on board for the protection of private rights, and neither under this statute nor under § 1020 of the Navy Regulations, by which the compensation for the permitted service is to be applied to the benefit of officers and men, does such a deposit of gold give rise to any contract with the United States. P. 250 U. S. 547.

48 Ct.Clms. 161 affirmed.

The case is stated in the opinion.

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