George Sutherland

“ If Congress had intended to fix a period of limitation applicable to actions, suits or proceedings brought in behalf of the United States in respect of liabilities arising out of federal control, we should naturally expect to find it in title 2, where such matters are exclusively dealt with; and not in title 4, which deals with common carriers entirely apart from such control. ”

“ Moneys and other property derived from the operation of the carriers during federal control, as we have seen, are the property of the United States. Section 12, 40 Stat. 457. An action by the Director General to recover upon a liability arising out of such control is an action on behalf of the United States in its governmental capacity, Ches. ”

“ The defendant, petitioner here, demurred to the complaint on the grounds: (a) That the cause of action was barred by the statute of limitation; and (b) that plaintiff was without authority to bring the action. ”