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The Judicial Work of the Comptroller of the Treasury as Compared with Similar Functions in the Governments of France and Germany; A Study in Administrative Law

The Judicial Work of the Comptroller of the Treasury as Compared with Similar Functions in the Governments of France and Germany; A Study in Administrative Law


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1911 Excerpt: ... Secretary and Commissioner precluded further examination of the case; the Comptroller, however, went behind this certification and considered the various contracts on their merits. He held first, that agreements in order to justify certification, must have been in strict accordance with the proj visions of statute, and that the equity of the claim, or the length, or value of the service as measured by results, could not be considered.10 Furthermore all the agreements except the one with the New York Indians, he held were about matters provided for by statute. To the question whether or not the Oneidas and Stockbridges were citizens of the United States, no allusion was made; but it was held that, in the first place, the contracts with them had no legal existence at the time they were approved by the Secretary and the Commissioner, and that, in the second place, even if they had, they could not bind the judgment creditors of the New York Indians, but would justify only the distribution of twelve and one half per cent, of such parts of the judgment as might finally be allotted to the two tribes concerned. A contract of April 13, 1895, with the New York Indians 'I Comp. Dec, 176. 10 18 Op. A. G., 497. provided for the assignment of twelve and one half per cent, of any judgment which might be rendered in favor of the Indians, the same to serve as reimbursement to the assignees, for moneys paid by them to other persons claiming formerly to have been attorneys to the Indians. These earlier claims had already been rejected, so that the contract of April 13, 1895, besides being found not to conform to the provisions of law,11 was held to be based not only on a past, but on an illegal consideration. It was an attempt by indirection, to cause a government officer to...


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Product Details
  • ISBN-13: 9781154340723
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 62
  • Spine Width: 3 mm
  • Width: 189 mm
  • ISBN-10: 1154340724
  • Publisher Date: 01 May 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 127 gr


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