Blumenthal

Plaintiffs were indicted in this court, charged with a conspiracy to violate the Lever Act (Comp. St. 3918, Comp. St. Ann. Supp. 1919, § 3115%e et seq.). They entered pleas of not guilty, were tried before a jury and found guilty, and each of them was adjudged by the court to pay a fine of $2,501. Plaintiffs paid the fines without protest. It does not even appear that the fines were paid as a condition precedent to their enlargement from custody, or for any similar reason. Upon a judgment regularly rendered after trial the defendants suffered voluntary compliance with such judgment. More than a year thereafter the Supreme Court, in another case, declared the Lever Aet to be unconstitutional. Substantially, then, the claim is that, there being no authority of law for the trial, conviction, or judgment, the latter being a nullity, there was no lawful consideration for the payment or receipt of the fines imposed and received. Plaintiffs set forth these facts in their complaints, and seek to recover the money so paid by them.

The government, appearing specially, demurs to the complaint upon the ground that the court is without jurisdiction, under the terms of the Tucker Act…