by John Marshall Harlan

“ How, then, under the facts found, could an obligation, based on implied contract, arise under the Constitution in favor of the plaintiff, an American corporation, which, at the time, and in reference to the property in question, had a commercial domicil in the enemy's country? It is true that the Army, under General Miles, was under a duty to observe the rules governing the conduct of independent nations when engaged in war,-a duty for the proper performance of which the United States may have been responsible in its political capacity to the enemy government. ”

“ In our judgment there is no element of contract in the claim of the plaintiff. And even if it were conceded that its property was wrongfully and unnecessarily destroyed under the order of the general commanding the United States troops, the concession could mean nothing more, in any aspect of the case, than that a tort was committed by that officer in the interest of the United States. But, as already said, of a cause of action arising from such a tort the court of claims could not take cognizance, whatever other redress was open to the plaintiff. ”

“ In that view we are of opinion that the United States, having, by its agents, proceeding under the authority of an act of Congress, taken the property of the claimant for public use, are under an obligation, imposed by the Constitution, to make compensation. The law will imply a promise to make the required compensation where property to which the government asserts no title is taken, pursuant to an act of Congress, as private property to be applied for public uses. ”