Charles Evans Hughes

“ Thereupon the two suits were consolidated and petitioners had judgment. The District Court found that they were entitled to the amount of damage caused by the construction of the dam as of the date of its completion (October 1, 1925) , 'together with interest thereon at 6 per cent from the date of said taking until now as just compensation under the Fifth Amendment to the Constitution of the United States.' On appeal by the government, the Circuit Court of Appeals held that interest was not recoverable. ”

“ The North American Case rested upon its special facts. There the original taking was tortious, and created no liability on the part of the government. Subsequent action was held to create a liability which rested upon an implied contract. The Court said that the suit was not founded upon the Fifth Amendment. 253 U.S. pages 334, 335, 40 S.Ct. 518, 64 L.Ed. 935. Suits brought to enforce the constitutional right to just compensation are governed by the later decisions which are directly in point. ”

“ The Circuit Court of Appeals, distinguishing the present suits from condemnation proceedings instituted by the government, held that the suits were founded upon an implied contract, and hence that interest could not be allowed, citing United States v. ”