Morrison Waite

“ The power and the interest are united in the same person. But, if we are to understand by the word 'interest' an interest in that which is to be produced by the exercise of the power, then they are never united. ”

“ The power, to produce the interest, must be exercised, and by its exercise is extinguished. The power ceases when the interest commences, and, therefore, cannot, in accurate law language, be said to be 'coupled' with it.' Such is undoubtedly the rule. Here, there was no actual assignment of the claims, or any part of them. Walker had no authority, under his employment, to take the money from the United States except to the extent of his commissions. ”

“ On the 10th of March, 1881, a statute was enacted by the general assembly of Missouri, authorizing and empowering the fund commissioners of the state, if they deemed it expedient, to employ a competent agent to prosecute to final settlement before congress, and the proper departments at Washington, certain specified claims of the state against the government of the United States. The agent thus appointed was to give security for the faithful performance of his duties. ”