Dismuke v. United States, 297 U.S. 167 (1936)

Dismuke v. United States

No.199
Argued January 7, 1936
Decided February 3, 1936
297 U.S. 167

CERTIORARI TO THE CIRCUIT COURT OF

APPEALS FOR THE FIFTH CIRCUIT

Syllabus

1. The District Court has jurisdiction under the Tucker Act of a claim to an annuity founded on § 8(a) of the Civil Service Retirement Act of June 30, 1933. P. 169.

2. The declaration of that section that annuities shall be payable from the retirement fund, which, by an earlier Act is "appropriated for the payment of annuities," amounts to no more than a direction that they shall be charged on the books of the Treasury to the appropriation made for their payment. It does not impair or restrict the obligation to pay. Id.

3. Claims for annuities payable under the Retirement Act are not claims for pensions or for salary or for compensation for services, within the meaning of the prohibition of the Tucker Act excluding claims of those descriptions from the jurisdiction it confers upon the District Courts. P. 170.

4. An administrative decision rejecting, on a pure question of law, a claim for an annuity under § 8(a) of the Retirement Act, supra, held open to review by the District Court in a suit by the claimant under the Tucker Act. P. 171.

5. In creating claims against itself, the United States may limit claimants to an administrative remedy; but, in the absence of compelling language, resort to the courts to assert the right created will be deemed to be curtailed only so far as authority to decide is given to the administrative officer, and, in the absence of plain command, the power of the officer will not be deemed to extend to the denial of that which the statute allows as a right and to which, upon the facts found or admitted by such officer, the claimant is entitled. P. 172.

6. A field deputy United States marshal, during the period 1895-1902, was not an employee of the United States within the meaning of the Retirement Act, supra. P. 173.

76 F.2d 715 affirmed.

Certiorari, 296 U.S. 554, to review the reversal of a judgment recovered by Dismuke in the District Court in a suit under the Tucker Act.