Decisions of the First Comptroller in the Department of the Treasury (Volume 3) (Paperback)

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. 1882. Excerpt: ... 484; Louisiana vs. Wood, 102 TT. S., 298; State vs. Delafield, 8 Paige, 527; S. C, 2 Hill, 159; S. C, 26 Wend., 238; Jones' Case, 11 Court CI., 734; see Campbell vs. Dist. Columbia, 2 MacArthur, 537.) Congress alone can create a public liability when there has been no authority given by law to make a contract. (Delafield vs. State of Illinois, 2 Hill, N. T., 160.) 2. The maxim cited in 10 Opinions, page 423, --Fieri non debet, sea"factum valet: --It ought not to be done, but when done it is valid, has no application here. (5 Coke, 39; 1 Strange, 526; 19 Johns., N. Y., 84, 92; 12 Id., 11, 376.) This maxim applies as between private persons whose acceptance of work may operate as a ratification of a previous informal contract or by way of estoppel, or raise a new implied contract. (Lyon vs. Bertram, 20 How., 149; Emerson vs. Slater, 19 How., 224;. s. c, 22 How., 28; Swain vs. Seamaus, 9 Wall., 254; Marsh vs. Fulton County, 10 Wall., 676; Bronson rs. Chappell, 12 Wall., 681; Burroughs on Public Securities, 508; Louisiana vs. Wood, 102 TJ. S., 298.) But when, as in this case, a contract has been made without authority, the attempt to ratify it, or bind the United States by an acceptance of the work done, would be equally without authority. A ratification can only be made by an officer having power to make the contract in the form required for the original contract. Some statutory requirements must "precede the reception of the material." (McDonald vs. Mayor, 68 New York, 26.) In Marsh vs. Fulton County (10 Wallace, 676), it appeared that county bonds had been issued without authority, and it was claimed that they had been ratified by the supervisors of the county. The court said: "The supervisors possessed no authority to issue the bonds without the previ...