Oliver Wendell Holmes, Jr.

“ On the amount of the damages, we are of opinion that further proceedings must be had. We do not forget the weight that is given to the findings of a master or commissioner upon matters of fact. But this weight is largely, although not wholly, due to the opportunity, which we do not share, of seeing the witnesses. So far as the commissioner disregarded the testimony of the witnesses whom he saw, we should hesitate to overrule his conclusion, although it seems too absolute on the grounds set forth. ”

“ Rep. 287, the court was of opinion that the United States had submitted to the jurisdiction of the court so far as to warrant the ascertainment of damages according to the rules applicable to private persons in like cases. It seems to us that the facts here are not less strong. Decrees in cases which disclose no special circumstances have been recognized by subsequent statutes providing for their payment. ”

“ The cases were referred to a commissioner to report the amount of damages. He reported his findings and the evidence. The United States excepted to the findings as excessive. The district court entered decrees against the United States for the amounts, and the United States appealed on the grounds that the decrees should have gone against the captors, and not against the government, and that the damages were excessive and the exceptions to the commissioner's report should have been sustained. ”