of the United States with the same effect as if to the alien property custodian.

"After the end of the war any claim of any enemy or of an ally of enemy to any money or other property received and held by the alien property custodian or deposited in the United States Treasury, shall be settled as Congress shall direct: Provided, however, That on order of the President as set forth in section nine hereof, or of the court, as set forth in sections nine and ten hereof, the alien property custodian or the Treasurer of the United States, as the case may be, shall forthwith convey, transfer, assign, and pay to the person to whom the President shall so order, or in whose behalf the court shall enter final judgment or decree, any property of an enemy or ally of enemy held by said custodian or by said Treasurer, so far as may be necessary to comply with said order of the President or said final judgment or decree of the court: And provided further, That the Treasurer of the United States, on order of the alien property custodian shall, as provided in section ten hereof, repay to the licensee any funds deposited by said licensee. "3

§ 97. District Court practice in suits against the United States. The practice in suits in the District Courts against the United States is as follows: The plaintiff must file a petition duly verified with the clerk of the respective courts having jurisdiction of the case, and in the district where the plaintiff resides.1 Whether the requirement as to the district 2 applies to nonresidents has been doubted. It is waived by the appearance of the United States District Attorney without taking the objection.*

Such petition should set forth the full name and residence of the plaintiff, the nature of his claim, and a succinct statement of the facts upon which the claim is based, the money or any other thing claimed, or the damages sought to be recovered, and must pray the court for a judgment or decree based upon the facts and the law. The plaintiff must cause a copy of his peti

3 Ibid § 12, 40 St. at L. 423, Comp. St. 83115ff.

§ 97. 124 St. at L. Ch. 359, p. 505, § 5, 2 Fed. St. Ann. 80, Comp. St. § 752, Pierce Fed. Code, § 7825. This provision has not been repealed. U. S. v. Hvoslef, 237 U. S. 1.

2 U. S. v. S. Y. & O. S. S. Co., C. C. A., 216 Fed. 61, 69.

8 U. S. v. N. Y. & O. S. S. Co., C. C. A., 216 Fed. 61, 69.

4 Thames v. Mersey Ins. Co. v. U. S., 237 U. S. 19, 24.

5 Mr. Justice Gray, Colt, J., con

tion, after filing the same, to be served upon the district attorney of the United States in the district wherein suit is brought, and must mail another copy by registered letter to the Attorney-General of the United States; and must thereupon file with the clerk of the court wherein the suit is instituted, an affidavit of such service and mailing. It has been held to be proper practice to bring in the United States by serving the summons on the District Attorney. The United States appears by the district attorney, and is allowed sixty days, or as much more time as the court may in its discretion allow, within which to file a plea, answer, or demurrer; "and to file a notice of any counter-claim, set-off, claim for damages, or other demand or defense whatsoever, of the government in the premises: provided, that should the district attorney neglect or refuse to file the plea, answer, demurrer, or defense, as required, the plaintiff may proceed with the case under such rules as the court may adopt in the premises." But the plaintiff cannot have a judgment or decree in his favor unless he establishes the same by proof satisfactory to the court. It is the duty of the court to cause a written opinion to be filed in the cause, "setting forth the specific findings by the court of the facts therein and the conclusions of the court upon all questions of law involved in the case, and to render judgment thereon." "That opinion ist not to be regarded as the usual trial judgment, but must be accepted as a part of the record." 10 "The purpose of the opinion is to enable the public and the appellate court, to find upon the record a formal statement of the findings of the District Court, both upon questions of law and fact, and the reasons for such findings.' It seems that an agreed statement of facts, when filed, will be accepted as a part of the record.12 Where a trial judge filed two papers, one entitled a de

11

curring in Harmon v. U. S., 43 Fed. 560, 564, 565.

6 24 St. at L. Ch. 359, p. 505, § 6, 2 Fed. St. Ann. 80, Comp. St. 752, Pierce Fed. Code, § 7826.

7 Mill Creek & Minehill Nav. & R.

Co., 246 Fed. 1013.

8 24 St. at L. Ch. 359, p. 505, § 6, Comp. St. § 752.

9 Ibid., 87, Pierce Fed. Code, § 7827. For findings concerning the

cree for the petitioner, and the other the opinion of the court, the two setting out sufficient findings of fact to sustain its conclusions; it was held, that these papers were sufficiently formal to constitute a compliance with the statute.13 A general refusal to comply with the Government's requests for several findings of fact and rulings of law was held to be as effectual as if the same were denied seriatim.14 "If the suit be in equity or admiralty, the court shall proceed with the same according to the rules of such court." 15 Judgment may be rendered in favor of the United States for the balance due upon a counterclaim.16 If the United States puts in issue the right of the plaintiff to recover, the court may in its discretion allow costs to the prevailing party, which, however, cannot exceed what is actually incurred for witnesses, and for summoning the same, and fees paid to the clerk of the court.' 17 From the date of final judgment or decree against the government, interest is allowed "to be computed thereon, at the rate of four per centum per annum, until the time when an appropriation is made for the payment of the judgment or decree." 18 It has been held that no interest can be allowed before judgment, except upon a contract which stipulates for interest.19 The exemption of the United States from interest does not extend to all subordinate governmental agencies such as The National Home for Disabled Volunteer Soldiers.20 The judgment can be reviewed only by the Supreme Court of the United States.21 The plaintiff can appeal where the amount in controversy exceeds three thousand dollars, or where his claim is forfeited to the United States by the judg ment of the court below 22 for fraud in connection with its presentation or proof.23 A judgment in a suit to recover offi

13 U. S. v. Hyams, C. C. A., 146 Fed. 15.

14 Ibid.

15 U. S. v. Hyams, C. C. A., 146 Fed. 15, 24 St. at L. Ch. 359, § 7, p. 506.

16 U. S. v. Saunders, C. C. A., 79 Fed. 407; McElrath v. U. S., 102 U. S. 426, 26 L. ed. 189.

17 24 St. at L. 508, § 15. See U. S. v. Harmon, 147 U. S. 268, 282, 37 L. ed. 164, 169.

18 24 St. at L. 507, § 10.

19 Int. B. & S. Dock Co. v. U. S.,

60 Fed. 523, 527; U. S. R. S., § 1091.

20 National Home for Disabled Volunteer Soldiers v. Parish, 229 U. S. 494.

21 J. Homer Fritch V. United States, 248 U. S. 458, overruling Ogden v. U. S., 148 U. S. 390; U. S. v. Morgan, C. C. A., 64 Fed. 4. 22 24 St. at L. 506, § 9.

23 Jud. Code, § 182, re-enacting U. S. R. S., § 1086; U. S. R. S., $ 707; U. S. v. Davis, 131 U. S. 36. 39, 33 L. ed. 93, 94; Strong v. U. S.. 40 Fed. 183.

cial fees, salary or compensation is ordinarily reviewable by writ of error, not by appeal.24 A judgment in a suit to recover rent is reviewable by writ of error.25 Such appeal or writ of error should be taken within ninety days after the judgment is rendered.26 An appeal or writ of error may be taken, irrespective of the amount involved, by the district attorney, at the direction of the Attorney-General, within six months after the judgment or decree.27 Upon appeal or writ of error the findings of fact of the trial court are conclusive unless the record would warrant the conclusion that the ultimate facts are not supported by any evidence.28 The only question is whether the conclusions of law are justified by the facts found.29 Otherwise, the practice in all courts in suits brought under this statute is similar to that in other suits, with "such additions and modifications as said. courts may adopt." 30

§ 98. Suits against the United States for partition. The Judicial Code gives the District Courts jurisdiction "of suits in equity brought by any tenant in common or joint tenant for the partition of lands in cases where the United States is one of such tenants in common or joint tenants, such suits to be brought in the district in which such land is situate." 1 The Act of May 17, 1898, of part of which this is a reenactment, further provides: that "when such suit is brought by any per son owning an undivided interest in such land, other than the United States, against the United States alone or against the United States and any other of such owners, service shall be made on the United States by causing a copy of the bill filed to be served upon the district attorney of the district wherein the suit is brought, and by mailing a copy of the same by registered letter to the Attorney-General of the United States; and the complainant in such bill shall file with the clerk of the court in

24 U. S. v. Harsha, 172 U. S. 567, 43 L. ed. 556; U. S. v. Adv, C. C. A., 76 Fed. 359; U. S. v. Tinsley, C. C. A., 75 Fed. 369; U. S. v. Morgan, C. C. A., 64 Fed. 4; U. S. v. Fletcher, C. C. A., 60 Fed. 53.

25 Chase v. U. S., 155 U. S. 489, 39 L. ed. 234.

26 24 St. at L. 596, §9; U. S. R. S., § 708. But see U. S. v. Davis, 131 U. S. 36, 39, 33 L. ed. 93, 94.

27 24 St. at L., ch. 359, 507, § 10; U. S. v. Davis, 131 U. S. 36, 39, 33 L. ed. 93, 94; U. S. v. Yukers, 60 Fed. 641.

28 U. S. v. Buffalo Pitts Co., 234 U. S. 228.

29 Ibid.

30 24 St. at L., ch. 359, 506, § 4. $ 98. 136 St. at L. 1087. § 24, Comp. St. $991, subd. (25).

which such bill is filed an affidavit of such service and of the mailing of such letter. It shall be the duty of the district attorney upon whom service of the bill is made as aforesaid to appear and defend the interests of the Government, and within sixty days after service upon him as hereinabove prescribed, unless the time shall be enlarged by order of the court made in the case, to file a plea, answer, or demurrer on the part of the Government, and the cause shall proceed as other cases for partition by courts of equity, and in making such partition the court shall be governed by the same principles of equity that control courts of equity in partition proceedings between private persons. Whenever in such suit the court shall order a sale of the property or any part thereof the Attorney-General of the United States may, in his discretion, bid for the same in behalf of the United States. If the United States shall be the purchaser the amount of the purchase money shall be paid from the Treasury of the United States upon a warrant drawn by the Secretary of the Treasury on the requisition of the AttorneyGeneral." 2

§ 99. Suits by Indians for allotments of land. The Judicial Code gives the District Courts of the United States jurisdiction. "of all actions, suits, or proceedings involving the right of any person, in whole or in part of Indian blood or descent, to any allotment of land under any law or treaty. 1 The Act of August 15, 1894, of which this is a reenactment, further provides: "And the judgment or decree of any such court in favor of any claimant to an allotment of land shall have the same effect, when properly certified to the Secretary of the Interior, as if such allotment had been allowed and approved by him; but this provision shall not apply to any lands now held by either of the Five Civilized Tribes, nor to any of the lands within the Quapaw Indian Agency: Provided, That the right of appeal shall be allowed to either party as in other cases. This act gives the district courts jurisdiction to decree relief to an Indian, entitled under the law to an allotment of land, when he has been deprived of that right by the rulings of the Land Department.3 The provision of the act, that the decree of the court, in favor

230 St. at L. 416, Comp. St. § 1579.

$99. 136 St. at L. 1087, § 24, Comp. St. 991, subd. 24.

"2

2 28 St. at L. 286, 305, Comp. St. § 4214.

3 Hy-Yu-Tse Mil-Kin v. Smith, C. C. A., 119 Fed. 114.