William Howard Taft

“ But the Solicitor General argues that even if the United States had no right to collect the interest from the bank, no cause of action was created in favor of the Investment Company against the United States for this illegal collection, that there was no contract of the government, express or implied, by reason of that collection to pay it to the Investment Company, and that without this, no recovery can be had. ”

“ An implied contract in order to give the Court of Claims or a district court under the Tucker Act jurisdiction to give judgment against the government must be one implied in fact and not one based merely on equitable considerations and implied in law. ”

“ St. § 384) provides that the Secretary of the Treasury may make rules and regulations relative to public moneys and officers concerned therewith. Section 5153 of the Revised Statutes, as amended by later acts (Comp. St. § 9691) , provides in effect that all national bank associations designated for that purpose by the Secretary of the Treasury shall be depositaries of public money under such regulations as may be prescribed by the Secretary and they are to perform all such reasonable duties as depositaries of public money as may be required of them. ”