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LEGAL SERVICES AND CLAIMS. REV. ST. SEC. 189. Employment of attorneys or counsel. Sec. 189. No head of a Department shall employ attorneys or coun,

a sel at the expense of the United States; but when in need of counsel or advice, shall call upon the Department of Justice, the officers of which shall attend to the same.

REV. ST. SEC. 356.
Opinion of Attorney General upon questions of law arising in departments.

Sec. 356. The head of any Executive Department may require the opinion of the Attorney-General on any questions of law arising in the administration of his Department.

REV. ST. SEC. 361.
Officers of Department of Justice to perform all legal services required by other

departments. SEC. 361. The officers of the Department of Justice, under the direction of the Attorney-General, shall give all opinions and render all services requiring the skill of persons learned in the law necessary to enable the President and heads of all Departments, and the heads of Bureaus and other officers in the Departments, to discharge their respective duties; and shall, on behalf of the United States, procure the proper evidence for, and conduct, prosecute, or defend all suits and proceedings in the Supreme Court and in the Court of Claims, in which the United States, or any officer thereof, as such officer, is a party or may be interested; and no fees shall be allowed or paid to any other attorney or counselor at law for any service herein required of the officers of the Department of Justice, except in the cases provided by section three hundred and sixty-three. REV. ST. SEC. 365. Counsel fees restricted.

SEC. 365. No compensation shall hereafter be allowed to any person, besides the respective district attorneys and assistant district attorneys for services as an attorney or counselor to the United States, or to any branch or Department of the Government thereof, except in cases specially authorized by law, and then only on the certificate of the Attorney-General that such services were actually rendered, and that the same could not be performed by the Attorney-General, or Solicitor-General, or the officers of the Department of Justice, or by the district attorneys. REV. ST. SEC. 355. Title to land to be purchased by United States.

Sec. 355. No public money shall be expended upon any site or land purchased by the United States for the purposes of erecting thereon any

public building, of any kind whatever, until the writ ten opinion of the Attorney-General shall be had in favor of th. validity of the title, nor until the consent of the legislature of the State in which the land or site may be, to such purchase, has been given. The district attorneys of the United States, upon the application of the Attorney-General, shall furnish any assistance or informa

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tion in their power in relation to the titles of the public property lying within their respective districts. And the Secretaries of the Departments, upon the application of the Attorney-General, shall procure any additional evidence of title which he may deem necessary, and which may not be in the possession of the officers of the Government, and the expense of procuring it shall be paid out of the appropriations made for the contingencies of the Departments respectively. ACT MARCH 2, 1889, c. 411. (25 Stat. 939.) Legal services to be rendered by United States attorneys; abstracts of title to

be furnished by grantors. That hereafter all legal services connected with the procurement of titles to site for public buildings

shall be rendered by United States district attorneys: Provided further, That hereafter, in the procurement of sites for such public buildings, it shall be the duty of the Attorney-General to require of the grantors in each case to furnish, free of all expenses to the Government, all requisite abstracts, official certifications, and evidences of title that the AttorneyGeneral may deem necessary.

Act March 2, 1889, c. 411, s. 1, 25 Stat. 941.

This is a provision of the sundry civil appropriation act for the fiscal

year 1890, cited above. REV. ST. SEC. 184. Subpæna for witnesses in claims pending in departments.

Sec. 184. Any head of a Department or Bureau in which a claim against the United States is properly pending may apply to any judge or clerk of any court of the United States, in any State, District, or Territory, to issue a subpæna for a witness being within the jurisdiction of such court, to appear at a time and place in the subpoena stated, before any officer authorized to take depositions to be used in the courts of the United States, there to give full and true answers to such written interrogatories and cross-interrogatories as may be submitted with the application, or to be orally examined and crossexamined upon the subject of such claim. REV. ST. SEC. 187. Professional services in claims pending in departments.

Sec. 187. Whenever any head of a Department or Bureau having made application pursuant to section one hundred and eighty-four, for a subpæna to procure the attendance of a witness to be examined, is of opinion that the interests of the United States require the attendance of counsel at the examination, or require legal investigation of any claim pending in his Department or Bureau, he shall give notice thereof to the Attorney-General, and of all facts necessary to enable the Attorney-General to furnish proper professional service in attending such examination, or making such investigatioff, and it shall be the duty of the Attorney-General to provide for such service: REV. ST. SEC. 364.

42 Services of counsel in examination of witnesses in claims pending in denart;

ments. Sec. 364. Whenever the head of a Department or Bureau gives the Attorney-General due notice that the interests of the United States

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require the service of counsel upon the examination of witnesses touching any claim, or upon the legal investigation of any claim, pending in such Department or Bureau, the Attorney-General shall provide for such service.

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REV. ST. SEC. 188.
Evidence to be furnished by departments in suits pending in Court of Claims.

Sec. 188. In all suits brought against the United States in the Court of Claims founded upon any contract, agreement, or transaction with any Department, or any Bureau, officer, or agent of a Department, or where the matter or thing on which the claim is based has been passed upon and decided by any Department, Bureau, or officer authorized to adjust it, the Attorney-General shall transmit to such Department, Bureau, or officer, a printed copy of the petition filed by the claimant, with a request that the Department, Bureau, or officer, shall furnish to the Attorney-General all facts, circumstances, and evidence touching the claim in the possession or knowledge of the Department, Bureau, or officer. Such Department, Bureau,

or officer shall, without delay, and within a reasonable time, furnish the Attorney-Ġeneral with a full statement, in writing, of all such facts, information, and proofs. The statement shall contain a reference to or description of all such official documents or papers, if any, as may furnish proof of facts referred to in it, or may be necessary and proper for the defense of the United States against the claim, mentioning the Department, office, or place where the same is kept or may be procured. If the claim has been passed upon and decided by the Department, Bureau, or officer, the statement shall succinctly state the reasons and principles upon which such decision was based. In all cases where such decision was founded upon any act of Congress, or upon any section or clause of such act, the same shall be cited specifically; and if any previous interpretation or construction has been given to such act, section, or clause by the Department, Bureau, or officer, the same shall be set forth succinctly in the statement, and a copy of the opinion filed, if any, shall be annexed to it. Where any decision in the case has been based upon any regulation of a Department, or where such regulation has, in the opinion of the Department, Bureau, or officer transmitting such statement, any bearing upon the claim in suit, the same shall be distinctly quoted at length in the statement. But where more than one case, or a class of cases, is pending, the defense to which rests upon the same facts, circumstances, and proofs, the Department, Bureau, or officer shall only be required to certify and transmit one statement of the same, and such statement shall be held to apply to all such cases, as if made out, certified, and transmitted in each case respectively. 9917 1921 ACT, MARCH 3, 1911, c. 231. (36 Stat. 1087.) Jurisdiction of Court of Claims; claims founded upon any law or any depart

ment regulation; set-offs. Sec. 145. The Court of Claims shall have jurisdiction to hear and determine the following matters: First. All claims

founded upon the Constitution of the United States or any law of Congress, upon any regulation of an Executive Department, upon any contract, express or implied, with

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the Government of the United States, or for damages, liquidated or unliquidated, in cases not sounding in tort, in respect to which claims the party would be entitled to redress against the United States either in a court of law, equity, or admiralty if the United States were suable:

Second. All set-offs, counterclaims, claims for damages, whether liquidated or unliquidated, or other demands whatsoever on the part of the Government of the United States against any claimant against the Government in said court: Provided, That no suit against the Government of the United States, brought by any officer of the United States to recover fees for services alleged to have been performed for the United States, shall be allowed under this chapter until an account for said fees shall have been rendered and finally acted upon as required by law, unless the proper accounting officer of the Treasury fails to act finally thereon within six months after the account is received in said office.

Act March 3, 1911, c. 231, s. 145, 36 Stat. 1136.

This section incorporates therein the provisions of Rev. St. sec. 1059 and section 1, act March 3, 1887, c. 359, 24 Stat. 505. Said Rev. St. sec.

1059 and section 1 are expressly repealed by section 297 of this act. Judgments for set-offs or counterclaims.

Sec. 146. Upon the trial of any cause in which any set-off, counterclaim, claim for damages, or other demand is set up on the part of the Government against any person making claim against the Government in said court, the court shall hear and determine such claim or demand both for and against the Government and claimant; and if upon the whole case it finds that the claimant is indebted to the Government it shall render judgment to that effect, and such judgment shall be final, with the right of appeal, as in other cases provided by law.

Act March 3, 1911, c. 231, s. 146, 36 Stat. 1137.

This section incorporates therein the provisions of Rev. St. sec. 1061,

which section is expressly repealed by section 297 of this act. Claims referred by departments.

Sec. 148. When any claim or matter is pending in any of the executive departments which involves controverted questions of fact or law, the head of such department may transmit the same, with the vouchers, papers, documents and proofs pertaining thereto, to the Court of Claims and the same shall be there proceeded in under such rules as the court may adopt. When the facts and conclusions of law shall have been found, the court shall report its findings to the department by which it was transmitted for its guidance and action: Provided, however, That if it shall have been transmitted with the consent of the claimant, or if it shall appear to the satisfaction of the court upon the facts established, that under existing laws or the provisions of this chapter it has jurisdiction to render judgment or decree thereon, it shall proceed to do so, in the latter case giving to either party such further opportunity for hearing as in its judgment justice shall require, and shall report its findings therein to the department by which the same was referred to said court.

Act March 3, 1911, c. 231, s. 148, 36 Stat. 1137.

This section incorporates therein the provisions of Rev. St. sec. 1063 and section 12, act March 3, 1887, c. 359, 24 Stat. 507. Said Rev. St. sec. 1063 and section 12 are expressly repealed by section 297 of this act.

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Procedure in cases transmitted by departments.
Sec. 149. All cases transmitted by the head of any department,

according to the provisions of the preceding section, shall be proceeded in as other cases pending in the Court of Claims, and shall, in all respects, be subject to the same rules and regulations.

Act March 3, 1911, c. 231, s. 149, 36 Stat. 1138.

This section incorporates therein the provisions of Rev. St. sec. 1064,

which section is expressly repealed by section 297 of this act. Judgments in cases transmitted by departments; payment.

Sec. 150. The amount of any final judgment or decree rendered in favor of the claimant, in any case transmitted to the Court of Claims under the two preceding sections, shall be paid out of any specific appropriation applicable to the case, if any there be; and where no such appropriation exists, the judgment or decree shall be paid in the same manner as other judgments of the said court.

Act March 3, 1911, c. 231, s. 150, 36 Stat. 1138.

This section incorporates therein the provisions of Rev. St. sec. 1065,

which section is expressly repealed by section 297 of this act. Power to call upon departments for information.

Sec. 164. The said court shall have power to call upon any of the departments for any information or papers it may deem necessary,

But the head of any department may refuse and omit to comply with any call for information or papers when, in his opinion, such compliance would be injurious to the public interest.

Act March 3, 1911, c. 231, s. 164, 36 Stat. 1140.

This section incorporates therein the provisions of Rev. St. sec. 1076,

which section is expressly repealed by section 297 of this act. Claims forfeited for fraud.

Sec. 172. Any person who corruptly practices or attempts to practice any fraud against the United States in the proof, statement, establishment, or allowance of any claim or of any part of any claim against the United States shall, ipso facto, forfeit the same to the Government; and it shall be the duty of the Court of Claims, in such cases, to find specifically that such fraud was practiced or attempted to be practiced, and thereupon to give judgment that such claim is forfeited to the Government, and that the claimant be forever barred from prosecuting the same.

Act March 3, 1911, c. 231, s. 172, 36 Stat. 1141.

This section incorporates therein the provisions of Rev. St. sec. 1086,

which section is expressly repealed by section 297 of this act. Disallowance of fraudulent claims for more than is justly due, or on false

evidence. Sec. 173. No claim shall be allowed by the accounting officers

or by the Court of Claims, or by Congress, to any person where such claimant, or those under whom he claims, shall willfully, knowingly, and with intent to defraud the United States, have claimed more than is justly due in respect of such claim, or presented any false evidence to Congress, or to any department or court, in support thereof.

Act March 3, 1911, c. 231, s. 173, 36 Stat. 1141. This section incorporates therein the provisions of section 2, act April 30, 1878, c. 77, 20 Stat. 524.

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