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Home > Journals > Michigan Law Review > MLR > Volume 29 > Issue 8 (1931)

 

Abstract

The petitioner was a corporation organized under the laws of the Russian Czarist government, and in January, 1917, became an assignee for value of contracts for the construction of two vessels. In August, 1917, the United States requisitioned these contracts, and the vessels being constructed thereunder, for use in the War. The requisition was made under an act of Congress of June 15, 1917, 40 Stat. 183, which provided for compensation as follows: "Whenever the United States shall * * * requisition any contract * * * or take over any ship, * * * in accordance with the provisions thereof, it shall make just compensation therefor, to be determined by the President; and if such amount * * * is unsatisfactory [the owner] shall be entitled to sue the United States to recover such further sum * * * as will be just compensation, in the manner provided by * * * Sec. 145 of the Judicial Code." (Sec. 145 of the Judicial Code -gave the Court of Claims jurisdiction over these compensation cases). The petitioner was dissatisfied with the compensation allowed it, and brought suit in the Court of Claims, not, however, until Russia was under Soviet government. Sec. 155 of the Judicial Code, 36 Stat. II39, (19u) authorized claims to be brought against the United States in the Court of Claims by aliens whose government accorded a similar reciprocal privilege to United States citizens. The Court of Claims held that this act deprived it of jurisdiction over the petitioner's claim, because, the Soviet government not being recognized by our political department, the judiciary could not take notice of reciprocity. Russian Volunteer Fleet v. United States, 68 Ct. Cl. 32 (1929). On appeal, reversed, and held that the act of June 15, 1917, should be construed independently of sec. 155 Jud. Code and as not to require reciprocity as a condition precedent to suing in the Court of Claims. Russian Volunteer Fleet v. United States, 282 U. S. 481, 51 Sup. Ct. 229.

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