Volume 13 — Court of Claims Reports

On the Proofs. The Reporters’ statement of tbe case: The court found the following facts: 1. The claimant was appointed by the President, by and with the advice and consent of the Senate, first lieutenant in the Tenth Regiment of Cavalry, June 11, 1868. 2. On the 31st of May, 1875, he was appointed regimental quartermaster, by the following order: [“General Orders No. 5.] “Headquarters Tenth Cavalry, Fort Concho, Texas, May 31,1875. “First Lieut.

On the Proofs. The Reporters’ statement of tbe case: Tbe facts of tbis case fully appear in tbe opinion of tbe court and in tbe following findings of fact, upon wbicb in connection with tbe pleadings and record, tbe judgment was based: I. In April, A. D. 1865, George M. Hamner was tbe owner of one hundred and twenty-six bales of upland cotton at Prairie Bluff, Ala., wbicb were seized by military officers of tbe United States, transported by them to Mobile, Ala., and there…

On the Proofs. The Reporters’ statement of tbe case: The following facts were found by the court: I. In the year 1871, advertisement of the following notice, inviting proposals as therein set forth, was duly published: u Proposals for granite for the new State Department. «Oeeioe of Supervising- Architect, “ Washington, May 24,1871. “ Sealed proposals will be received until 12 o’clock m. of the 22d day of June, 1871, at the office of the Supervising Architect oí the Treasury…

On the Proofs. The Reporters’ statement of tlie case: Tliis was decided at tbe December term, 1876 (12 C. Cls. B., 355). A rehearing on the same record was had at the present term, when the following facts were found: I. Charles F. Field, on the 4th day of May, 1863, entered into a charter-party of the steamer M. S. Allison with a quartermaster of the United States Army, a copy of which is appended to and made part of the petition filed in this behalf.

On the Proofs. The Reporters’ statement of.the case: This case was argued at the December term, 1876, before three judges, who found the following facts, and ordered a rehearing on the questions of law: I. In December, 1864, the claimant owned and was possessed of the 283 bales of cotton described in the petition. It was captured ill tliat month by the military forces of the United States, and the proceeds thereof, paid into the Treasury, amount to $49,018 39. II.

On the Proofs. The Reporters' statement of the case: The court found the following facts: I. The claimant was on January 3,1869, duly commissioned as captain in' the Third Cavalry Biegiment of the Army of the United States, and continued to hold said office and rank, and was so holding the same at the time of the issuance of the order hereinafter mentioned. II.

On the Proofs. The Reporters’ statement of tbe ease: Tbe court found tbe following facts : I. On tbe lltb August, 18C8, tbe claimant’s intestate was an attorney at law, wlio bad been and then was retained and employed by tbe Secretary of tbe Treasury to collect various debts due to tbe United States otlier than tbe indebtedness of one John S. Fillmore, hereinafter, referred to.

On the Proofs. The Reporters’ statement of the case: On tbe 2d July, 1866, the Secretary of the Treasury addressed to the then assistant treasurer at New York the following letter: “Treasury Department, “ Washington, July 2,1866. “ Sir : The Commissioner of Internal Revenue has referred to me your recent letter to him in relation to the distribution of revenue-stamps in the city of New York.

On the Proofs. The Reporters'1 statement of the case: The court found the following facts: I. In October, 1864, the chief commissary of subsistence for the Military Department of New Mexico caused to be issued and published' the following advertisement: “ Sealed proposals in duplicate will be received at this office until Monday, 12 m., 2nd day of January, 1865, for the delivery of corn at Fort Sumner, for the use of Navajo and Apache Indian prisoners on the government…

On the Proofs. The Reporters’ statement of tlie case: In this case the defendants filed a plea in the nature of the general issue and also pleaded the statute of limitations. The case was submitted without argument. The court, without filing findings of fact, dismissed the petition for the reasons stated in the opinion.

On the Proofs. The Reporters’ statement of the case: At the first trial of this case, at the present term, the following facts were found. I. At the time of his appointment as an officer in the Army of the United. States, the claimant resided in the State of Maine. II.

On the Proofs. The Reporters’ statement of tbe case: Tbe Secretary of tbe Treasury baying adopted tbe meter invented by tbe claimant’s intestate, tbe Commissioner of Internal Revenue, on tbe 17tb April, 1867, contracted with him for tbeir delivery to distillers for use, and agreed that in case of their discontinuance be should be paid for tbe instruments completed or in process of completion at tbe time of tbe revocation, “provided that at no time shall you have more than…

On the Proofs. The Reporters’ statement of tbe case: The court found the following facts, which, with the opinion of the court, fully set forth the case. I. The claims set forth in the petition were referred to this court by the Senate of the United States January 29,1859, and on the same day a copy of the order of the Senate and the accompanying papers were filed herein, and the case entered in the name of Eulogio De Celis. II.

On the Proofs.' The Reporters’ statement of tbe ease: Tbe court found tbe following facts: I. On tbe ICtb of January, 1869, Bvt. Maj. Gen. E. R. S. Canby, United (States Army was in command of tbe fifth military district,. State of Tesas, with headquarters at Austin,.

On the Proofs. The Reporters' statement of tbe case: Tbe following are tbe contracts on wbicb tbe action is brought and tbe facts found by tbe court. “This agreement, made and entered into tbis thirty-first day of January, one thousand eight hundred and seventy, bjr and between Brevet Major-General L. 0.

On the Proofs. The Reporters' statement of fke case': The court found the following facts: I. On the 6th of June, A. D. 1873, the Postmaster-General and the claimant, Bradley, made and executed an indenture, of which the following is a copy: a This indenture, made this sixth day of June, in the year one thousand eight hundred and seventy-three, by and between Andrew 0.

On the Proofs. The Reporters’ statement of the .case: The contract referred to appears sufficiently in the opinion of the court. The court found the following facts : I. The contract between the claimant and Col. J. A.' Potter, annexed to the petition as Exhibit A, was entered into as alledg’ed in the petition. II. In the year 1865 there was but one route for freight-trains from Fort Leavenworth to Fort Eiley, and but one from Leavenworth to Fort Zarah. III.

On the Proofs. The Reporters’ statement of tbe case’: Tbe contract referred to appears sufficiently in tbe opinion of tbe court. Tbe court found tbe following facts: I. Tbe contract between tbe claimant and Capt. Henry C. Hodges, annexed to tbe petition as Exbibit A, was entered into as alleged in tbe petition. II. In tbe year 1864 there was but one route for freigbt-trains from Fort LeaAmnworth to Fort Eiley, and but one from Leavenworth to Fort Zarah. III.

On the claimants Motion. The Reporters’ statement of the case: The following are-the motions, respectively, of the defendants and claimant: “ Now comes the Attorney-General, on behalf of the Dnited States, and moves the court to open judgment in the above ease and to grant a new trial, because fraud, wrong, and injustice have been done to the defendants by the judgment entered on the 18th May, A. D. 1874, in this, that in the spring of 1863, at the time the 1,540 bales of…

On the Proofs. The Reporters’ statement of tbe oases: • These cases were argued in connection with each other. The facts as found by the court are fully recited in the opinion. cited Revised Statutes, §§ 210,211, 213, and the following provisión from. the Act March 3, 1873 (17 Stat.

On the Proofs., The Reporters' statement of the case: The court found the following facts: I. In 1873 the Secretary of the Treasury, Mr. Boutwell, determined that an improved form of lock was necessary for sealed oars earning unappraised merchandise, oil which customs duties were unpaid, through the United States and Canada.

On the Proofs. The Reporters’ statement of the ease: This cáse was tried at the preceding term and the facts were found by the coirnt. , A reargument upon the' facts found was subsequently ordered, which was heard at the present term. The following are the facts found: I. The threshing-machine described in the petition was purchased by the defendants’ Indian agent of one C. C. O’Keefe, in whom title and possession then were. . II.

On Burke’s Motion. The Reporters’ statement of tbe case: In this case tbe bankrupt, before bankruptcy, assigned tbe claim to one Browning for good consideration. Browing’s attorney obtained all tbe evidence necessary to prove tbe case, and conducted tbe suit up to tbe time of final bearing, and was present at and assisted in tbe final argument.

On the Proofs. The Reporters' statement of the case: The following facts were found by the court: I. On the 10th of July, 1861, there was issued from the War Department the following general order: [General Orders, No. 43.] “War Department, “Adjutant-General’s Oeeioe, “ Washington, July 10,1861. “Commissioned officers of volunteers received into the service of the United States for two and three years, or for the period of the war, will be entitled to receive one day’s pay…

On the Proofs. The Reporters statement of the case: This case not being appealable on the part of the claimant, no findings were filed by the court, but the facts fully appear in the opinion. The instructions furnished in 1874 were “ necessary,” within the meaning of the requirements of section 13 of the Act 28th February, 1871 (Eev. Stab., § 2026).

On Motion. The Reporters’ statement of tlie case: Tbe facts upon wbicli tbe motion of tbe claimant anil tbe counter-motion of tbe defendants were based fully appear in tbe opinion of tbe court.

On the. Proofs. The Reporters’ statement of tbe case: The following facts were found by tlie court: I. On the 10th March, 1862, the claimant, Minor Meriwether, was seized and in possession by his tenants of the property mentioned and described in the petition. On that day he executed an instrument in writing, or deed-poll, to the claimant, Elizabeth A. Meriwether, then his wife, living with him in coverture.

On the Proofs. The Reporters' statement of the case: The following facts were found by the court: ' I. The claim set forth in the petition was made upon the War Department, and was transmitted, with all the vouchers, papers, proofs, and documents pertaining- thereto, to this court by the Secretary of War September 2, 1872, for the reason set forth by him in his order and letter of transmission, that it “involves disputed facts and controverted questions of law, and the…

On the Proofs. The Reporters’ statement of tbe case: Tbe following facts were found by tbe court: I. Horace Bougbton was United States assessor of internal revenue for tbe fourth district of Texas from May 29, 1866, to July 31, 1869. II.

On the Proofs. The Reporter s’ statement, of tlie case: Tlie following facts were found by- tbe court: I. On tbe 6tb of January, 1S73, tbe Second Comptroller of tbe Treasury certified to tbe Secretary of War a balance arising on. an account settled by tbe Third Auditor, as follows: “ No. 6611.] “ Treasury Department, “Second Comptroller's Oeeice, “ January 6th, 1873. “I certify, in conformity with law, that there is due front tbe United States to William S. McKuight and Jas.

On the Proofs. The Reporters* statement of the case: The railway mail service between Columbus and Pittsburgh is performed by means of the railway between Columbus and Bellaire as far as Newark, 33 miles from Columbus, and then by means of another railway between Newark and Pittsburgh, 160 miles farther. The latter railway has a small branch to Cadiz, 8 miles long.

In Mquity, on tlio Proofs. The Reporters statement of the case: The opinion of the court recites at length the facts in this case, the history of the former litigations between the parties (which may be found reported in 8 O. Cls. It., 50Í, and 12 0. Cls. B., 141), and also the positions taken by counsel on each side in the argument.

On the Proofs. The Reporters’ statement of tbe case: Tbe following- facts were found by tbe court: I. On tbe 23d day of September, 1873, tbe claimant was deputy collector of Francis Widner, then collector of internal revenue for tbe second district of Alabama, when said Widner was suspended from office .by K. B. Cobb, a supervisor of internal revenue, for fraud, and bis action reported to tbe Commissioner. II.

On the Proofs. The Reporters’ statement of tbe case: Tbe following are tbe facts found by tbe court: I. On tbe 8tb of July, 1876, tbe claimants were distillers, having their distillery in tbe fifth district of Illinois, and on that day paid tbe internal-revenue tax assessed or due upon ten barrels of alcohol at their distillery, numbered 29289 to 29291 and 29301 to 29307, to the amount of $801, and received from the collector of said district therefor tax-paid stamps…

On the Proofs. The Reporters’ statement of tbe case: The following facts were found by tbe court: I. In 1860, tbe claimant was domiciled in tbe State of Georgia, doing business as a merchant at Dalton, and was also a native of that State. About tbe time of tbe secession of tbe State of Georgia the claimant left tlie State and. went to Indiana, where he remained during the rebellion. II.

On the Proofs. The Reporters1 statement of tbe case: Tbe following’ are tbe facts found by tbe court in tbis case: I. On tbe lltb day of April, 1871, tbe claimant and tbe defendants, through an authorized agent, entered into a contract for tbe construction by tbe claimant of a lodge at. tbe national cemetery at Yorktown.

On the Proofs. The Bejporters’ statement of tbe case: On tbe former bearing of tbis case (12 C. 01s. E., 237) tbe questions of law involved were considered on demurrer and a conclusion was reached by a majority of tbe court favorable to tbe claimants, with leave, however, to tbe defendants to answer within thirty days.

On the Proofs. The Reporters' statement of tbe case: The following are the facts as found by the court: I. Dr. Charles Taylor, in 1776, held the office of surgeon’s mate in the Second Viginia Regiment in the Continental service. On the reduction and consolidation of the Virginia regiments, in 1778, Dr. Taylor was reduced and became a supernumerary officer. II.

On the Proofs. The Reporten? statement of tlie case : In this case the claimants brought their action to recover one-half of the freight moneys due for transportation of the mails, military supplies, &c., of the G-overumeut. As to this there was no dispute. The controversy was entirely in regard to the Government’s counter-claim to recover the five per centum of the net earnings of the road from the time of its completion.

<p> After captured property has been sold and the proceeds paid into the Treasury, the oivner transfers the claim, and assents to the bringing of this actioxi, under the Abandoned or capturedpropex'ty Act, by and in the name of the assignee. </p> <p>Tlie court below decides in favor of the assignee without opinion, the point having been determined in Lawrences Case (8 C. Cls. R., 254). Judgment for the claimant. The defendants apxieal.</p> <p>Tie judgment of the court below is reversed, on the grounds, (1) That the Act 28th February, 1853 (10 Stat. L., 170, Eev. Stat., § 3477), embraces every claim against the Government and extends to actions, prosecuted in the Court of Claims; (2) That in captured property cases the ownership required to he proved is that which existed when the property was captured.</p>

<p> On the claimcmfs Appeal. </p>

On the defendants’ Appeal. The Reporters’ statement of tbe cases: A question discussed at considerable length on the trials in the Court of Claims, viz, as to the right of the Government to recover taxes upon the cotton released to the claimants “freed from the payment of all fees and internal-revenue taxes,” was not presented to the Supreme Court, the claimants not having appealed. The finding of facts in both cases are fully set forth in 11 C. Cls. R., 672, 761.

On hath parties’ Appeals. The Reporters’ statement of tlie case: It will be observed tliat tlie Supreme Court does not pass upon the principal questions discussed in tlie court below, viz, whether tlie contracts were void tui dor tire advertisement acts; whether an action will lie to recover back money allowed to a contractor by the accounting officers of the Treasury, &c. The court treats both contracts as valid, and discusses merely the true construction to be given to…

On the ctnimantfs Appeal. The Reporters’ statement of tlie case: Tbe following is tbe finding of facts by tlie court below: I. Tlie claimant was tbe owner of a steamer called the Ocean 'Wave; and on the 15th day of March, 1862, he chartered her to the Government of the United States by the following charter-party : “ This agreement of charter, made at Uew York, this fifteenth day of March, 1862, between Thomas S. Strong, owner of the good side-wheel steamer called the Ocean…

On the defendants; Appeal. The Reporters’ statement of the case: ■ All of the facts on which this appeal was presented to the Supreme Court will be found in the report of the ease in the court below (12 C. Cls. E., 295). The determination of the question which Ave understand to haAre been remitted by this court is of graA’e importance to the .parties.

<p>DRISCOLL’S MOTION.</p>