386 LAWS APPLICABLE TO DEPARTMENT OF AGRICULTURE. 



require the service of counsel upon the examination of witnesses touch- 

 ing any chiiin, or upon tlio legal investigation of any claim, pending 

 in such Department or Bureau, the Attorney-General shall provide 

 for such service. 



REV. ST. SEC. 188. 



Evidence to be furnished by departments in suits pending in Court of Claims. 



Siqc. 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 Depart- 

 ment, or where the matter or thing on which the claim is based has 

 been pa.s.sed 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 Attor- 

 ney-General with a full statement, in writing, of all such facts, in- 

 formation, 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 defen.se of the United States against the claim, men- 

 tioning 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, l^iireau. or officer, the statement shall succinctly state the 

 reasons and })rinciples upon which such decision was based. In all 

 cases where such decision was founded upon any act of Congress, oi' 

 upon any section or clause of such act, the same shall be cited spe- 

 cifically; 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 opini(m filed, if any, shall be annexed to it. Where any 

 decision in the ca.se has been based U|)on any regulation of a Depart- 

 ment, 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 s«me shall l>e distinctly quoted at length in the 

 .statement. But where more than one case, or a class of cases, is pend- 

 ing, 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. 



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 followinir nuitters: 



First. All claims * * * founded upon the Constitution of the 

 United States or any law of Congress, upon any regulation of an 

 Kxeeutive Department, upon any contract, express or implied, with 



t 



I 



