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Swigett v. United States

Decided District Court, D. Montana
Disposition
affirmed
full scope · unanimous
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Court
District Court, D. Montana
Decided
Judge
KNOWLES, District Judge
Posture
Action to recover money paid for rent

Overview

For the reasons assigned, it is ordered that judgment be entered against the United States for the sum of $699.

Case summary

Samuel A. Swigett, register of the United States land office in Helena, Montana, from 1890 to 1894, paid $699 in rent for the office space necessary to conduct land office business, as the United States failed to pay. He sued to recover this amount. The District Court held that there was an implied contract by the United States to refund the rent, as the expenditure was necessary for Swigett to perform his duties, and principles of agency and public office law require reimbursement for such necessary expenses incurred for the benefit of the government. The court entered judgment for Swigett.

Abstract

The register of a United States land office paid rent for necessary office space to conduct government business when the United States failed to provide payment. The court held that an implied contract existed for reimbursement, based on principles of agency and public office law requiring compensation for such necessary expenditures benefiting the government. Judgment was entered against the United States for the rent amount.

Opinion of the court

Majority
opinionKNOWLES, District Judge
  • The United States land office required a physical office to transact business and store records
  • Swigett paid rent necessary to maintain the office
  • There was an implied request by the United States for Swigett to pay the rent
  • An agent or public officer is entitled to reimbursement for advances made for the benefit of the principal
  • Precedent supports reimbursement for necessary expenses incident to official duties

Jurisdiction

not challenged
Statutory basis
1 Supp. Rev. St. (2d Ed.) p. 559, §§ 1, 2, of an act to provide for the bringing of suits against the government of the United States
Subject matter
Claims against the United States founded upon a contract, express or implied
Jurisdictional facts
  • Samuel A. Swigett sued the United States to recover $699 for rent paid for the United States land office at Helena, Montana

Procedural posture

Posture at trial
Action to recover money paid for rent

Subsequent history

Petition for rehearing
not filed
Rehearing en banc
not filed
Petition for certiorari
not filed

Legal categories

Business

Case record

Full case name
SWIGETT v. UNITED STATES
Court
District Court, D. Montana
Trial court judge
KNOWLES, District Judge
Decided
Opinion author
KNOWLES, District Judge
Opinion type
published
Precedential status
persuasive
Judges on panel
KNOWLES, District Judge

Issues & holdings

Holdings of the court

Whether there is an implied contract on the part of the United States to repay a register of a land office for office rent necessarily paid by him
There is an implied contract on the part of the United States to refund to a register of the land office office rent necessarily paid by him to maintain an office necessary for conducting land office business
When an officer is required to perform a duty that necessitates expenditure of money, it is an incident to the performance of that duty; the United States impliedly requested the payment to maintain the public land office, and principles of agency and public office law entitle reimbursement for necessary and reasonable expenses incurred in good faith for the benefit of the principal
unanimousnon-binding

Statutory interpretation

3
Statute
Act of Congress dated March 2, 1867
Question
Creation of land district and appointment of register and receiver
Court's reading
The act provided for a register and receiver who should reside at the place where the office is located, with same powers, duties, and compensation as other land offices
Canons applied
Plain meaning
no legislative history
Statute
Revised Statutes §§ 2235, 2262
Question
Requirements for register and receiver residence and filing of certificates
Court's reading
These provisions contemplate an office or place of business for transacting land office business
Canons applied
Plain meaning
no legislative history
Statute
1 Supp. Rev. St. (2d Ed.) p. 559, §§ 1, 2
Question
Jurisdiction for suits against the United States on contracts
Court's reading
District courts have jurisdiction over claims against the United States founded on express or implied contracts
Canons applied
Plain meaning
no legislative history

Burden of proof

Timeline

5
Events
10,845
Days, incident to ruling
—
Span
factual eventcited in opinion

Congress enacted act creating the land district of Montana, providing for a register and receiver, with the Secretary of the Interior authorized to locate the land office

Outcome: Land district created

Established legal basis for the land office and its officers

Implied contract for office rent
Congress · Secretary of the Interior not applicable
factual eventcited in opinion

Samuel A. Swigett appointed register of the United States land office for the Helena district of Montana

Outcome: Swigett appointed as register

Swigett began his role requiring an office for land office business

Implied contract for office rent
Samuel A. Swigett Helena, Montana not applicable
factual eventcited in opinion

Swigett began serving as register of the land office

Outcome: Swigett started duties

Period during which rent payments were made

Implied contract for office rent
Samuel A. Swigett Helena, Montana not applicable
factual eventcited in opinion

Swigett's service as register ended

Outcome: Swigett's tenure concluded

End of period for rent payments

Implied contract for office rent
Samuel A. Swigett Helena, Montana not applicable
rulingcited in opinion

District Court entered judgment against the United States for $699

Outcome: Judgment for plaintiff

Court found implied contract requiring U.S. to refund rent

Implied contract for office rent
KNOWLES, District Judge · United States · Samuel A. Swigett District Court, D. Montana trial court

Facts & evidence

Incident

Location
Helena, Montana

Key facts

10 facts
  1. Samuel A. Swigett was appointed register of the United States land office for the Helena district in May 1890
  2. He served from July 3, 1890, to June 1, 1894
  3. The land office was established by law at Helena
  4. A place or office was required to conduct business and keep books, records, papers, files, and furniture
  5. Swigett and the receiver occupied rooms as an office
  6. The United States failed to pay any rent
  7. Swigett paid $699 for rent on behalf of the United States to maintain the office
  8. The payment was necessary to keep the land office open and transact business
  9. Swigett's salary was $3,000 per annum, but office earnings were $3,200 per annum, with the excess paid into the U.S. treasury
  10. Swigett presented his account for rent to proper officers, but the United States refused payment

Procedural history

1 steps
  1. Swigett filed suit against the United States to recover $699 for rent paid

Evidence in the record

Direct
  • Swigett's payment of $699 for rent
  • Swigett's appointment as register
  • Swigett's service dates
Physical
  • Books, records, files, and furniture in the office
Testimonial
  • Letter from the secretary of the interior regarding rent appropriations
Documentary
  • Act of Congress dated March 2, 1867
  • Sections 2235 and 2262 of the Revised Statutes
  • Appropriations by Congress for rent of land offices
Circumstantial
  • Necessity of an office to conduct land office business
  • Selection of office rooms by a special agent of the interior department

Objects of relevance

Books, records, files, and furniture of the land officeRooms used as the land office in Helena

Policy considerations

  • Necessity of maintaining public offices for transaction of government business
  • Fairness in reimbursing public officers for necessary expenses incurred for public benefit

Authorities

Cited authorities (6)

Andrews v. U. S., 2 Story, 202, Fed. Cas. No. 381
followedquotedprecedent
Cited for proposition that office expenses are incidents to the office and allowable as charges against the United States
U. S. v. Flanders, 112 U. S. 93, 5 Sup. Ct. 69
followedquotedprecedent
Cited as supreme court case allowing reimbursement for expenses under quantum meruit
U. S. v. Stowe, 19 Fed. 807
followedprecedent
Cited as case where Indian agent was reimbursed for transportation expenses
Gratiot v. U. S., 15 Pet. 336-371
followedquotedprecedent
Cited for principle that necessary incidents to duty are allowable and officers may show contract for payment
U. S. v. Lowe, 1 Dill. 585, Fed. Cas. No. 15,635
followedprecedent
Cited as case allowing claim for office rent as equitable credit under certain circumstances
Bane v. U. S., 19 Ct. Cl. 644
distinguisheddistinguished
Cited as case distinguished because it dealt with compelling payment by secretary, not U.S. responsibility

Related cases (6)

Andrews v. U. S., 2 Story, 202, Fed. Cas. No. 381
precedent
Allowed claim for office rent, fuel, clerk hire, and stationery as incidents to the office
U. S. v. Flanders, 112 U. S. 93, 5 Sup. Ct. 69
precedent
Held collector entitled to reimbursement for advertising expenses under quantum meruit
U. S. v. Stowe, 19 Fed. 807
precedent
Held Indian agent entitled to reimbursement for transportation expenses
Gratiot v. U. S., 15 Pet. 336-371
precedent
Stated that officers required to perform extra services might show contract for payment, and necessary incidents to duty are allowable
U. S. v. Lowe, 1 Dill. 585, Fed. Cas. No. 15,635
precedent
Held claim for office rent might be allowed as equitable credit under certain circumstances
Bane v. U. S., 19 Ct. Cl. 644
distinguished
Held secretary of interior not compelled to pay rent due to lack of appropriation, but did not decide U.S. responsibility

Statutes

  • Act of Congress dated March 2, 1867 (14 Stat. 542, 543)
  • Revised Statutes §§ 2235, 2262
  • 1 Supp. Rev. St. (2d Ed.) p. 559, §§ 1, 2

Standards & doctrines

  • Implied contract doctrine for reimbursement
  • Agency law principles applied to public officers

Legal principles applied

  • An agent is entitled to reimbursement for advances made for the benefit of the principal
  • Necessary expenses incident to official duties are allowable

Notable quotes

““An agent is entitled to be reimbursed by his principal for all of his advances, expenses, and disbursements made in the course of his agency on account of or for the benefit of his principal, when such advances, expenses, and disbursements have been properly incurred, and reasonable and in good faith paid, without any default on the part of the agent.””
majority — Citing Mechem, Ag. § 652 to support reimbursement for Swigett's rent payment
Applies agency principles to public officers, establishing basis for implied contract
““It appears to me very clear that these expenditures are properly to be deemed incidents to the office of the collector, and therefore that they ought to be allowed as proper charges against the United States.””
majority — Quoting Justice Story in Andrews v. U.S. regarding claims for office expenses
Precedent supporting allowance of necessary office expenses as incident to official duties
““The department charged with the execution of the particular authority, business, or duty has always been deemed incidentally to possess the right to employ the proper persons to perform the same as the appropriate means of carrying into effect the required end, and also the right, when the service or duty is an extra service or duty, to allow the persons so employed a suitable compensation.””
majority — Quoting Gratiot v. U.S. on authority to incur expenses incident to duties
Supports view that necessary expenses for performing duties are allowable
Index terms61
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Action type
affirmed
Target
Plaintiff's claim for reimbursement of rent
Context
Court found implied contract and entered judgment for plaintiff Swigett against the United States for $699
Scope
full
Disposition vote
unanimous
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