Volume 16 — Court of Claims Reports

The Reporters statement of the case: The claimant here sought to recover the proceeds of 298 bales of cotton, which the petition alleged amounted to $74,500.

The Reporters’ statement of tlie case: Tbe claimant here, a commander in tbe Navy, was retired prior to tbe Revised Statutes on furlough pay and was allowed and paid one-balf of tbe sea pay” of bis grade or rank at tbe time of bis retirement, wliicb was then tbe furlough pay” of a retired officer.

The Reporters’ statement of the case : The following are the facts as found by the court in Timing’s case: I. The claimant was appointed a member of tbe Capitol police, as a private, February 1, 1870, and, except as hereinafter set forth, he performed the duties of that position and received his compensation therefor up to the time of bringing' this action. II.

The Reporters’ statement of the case: The terms of the lease on which this action was brought involved no interpretation and are sufficiently set forth in the opinion of the court.

The Reporter's statement of the case: The soecial act referring tbe claims for the use of the Dahl-gren gun will be found in extenso in the opinion of the court. The following are the facts of the case as found by the court: I. John A. Dahlgren, the claimant’s intestate, deceased on or about the 12th July, 1870. The claimant was duly appointed administratrix; of his estate, and entered upon and still performs the duties of that trust. II.

The Reporters'* statement of tbe case: Tbe following are tbe facts as found by tbe court: I. At tbe time of tbe occurrence of tbe matters berinafter detailed, tbe First National Bank of Newton (wbicb hereafter., in these findings, will, for brevity, be styled tbe Newton Bank) was a banking association organized and in operation under tbe laws of the United States, located at Newtonville, in tbe town of Newton, Middlesex County, Massachusetts 5 and E. Porter Dyer, jr., was…

The Reporters' statement of tbe case: The following are the facts of this case as found by the court: I. The claimant was the collector of internal revenue of the eighth district of Kentucky from May 1,1873, to June 30,1876. II. On the 20th May, 1873,' on the claimant’s application, the Commissioner of Internal .Revenue designated William Herndon as the claimant’s assistant in the survey of distilleries, at a compensation of $5 a day when actually employed.

The Reporters' statement of the case: The following are the facts of these cases as found by the court: I. The claimant, Hedrick, acted as and was a supervisor of internal revenue from February, 1871, until June, 1876. On the 14th February, 1871, the Commissioner of Internal Revenue informed him, by an instruction in writing, that he would be-allowed $1,200 per annum for clerk hire.

The Reporters’ statement of the case : The following are the facts of this case as set forth by the court: I. The claimant is the duly appointed and qualified administrator or George W. Marley, deceased, late of the District of Columbia; and, as such, is the holder and owner of forty-eight unpaid sewer certificates issued by the board of publie works of the District of Columbia, under the act of the District legislature of June 26, 1873, in substantially the following form,…

The Reporters' statement of the case: The following áre the facts of this case as found by the court: I. On the 7th of August, 1862, Eufus Waples, the claimant, then United States attorney for the eastern district of Louisiana, filed in the district court of said district an information of which the following is a copy, omitting the description of lands to which this case has no reference: “ INFORMATION. u Filed Aug. 7, 1862. “In the Suit of the United States ~¡ vs‘ I Wn…

The Reporters’ statement of tbe case: The history of the case appears fully in the opinion. Held: on the question of the right of the President to set aside public lauds for á military reservation, that an appropriation of money by Congress to be expended upon the reservation was conclusive upon the subject, whether or not the power originally belonged to the President.

The Reporter’s statement of tbe case: The following are the facts as found by the court': I. The claimant reported at the Military Academy at West Point as a candidate for admission June 11, 1857, and was admitted as a conditional cadet July 1, 1857, and received his warrant as a cadet on the 6th of February, 1858. II.

The Reporters’ statement of the case: The following are the facts of this case as found by the court: I. On the 26th day of December, 1861, the claimant was enlisted in the military service of the United States, and served as an enlisted man till May 25,1864. On the 25th of May, 1864, he was appointed lieutenant of infantry, and served as such in the active list till December 15, 1870.

The Reporters’ statement of the case: The following are the facts in this case as found by the court: I. The real estate, franchises, &c., of the Buffalo Bayou, Brazos and Colorado Bailroad Company were sold by legal process, and conveyance thereof made on the 8th day of July, 1868, and the company thereby became a “ sold-out company,” under the laws of Texas then in force, and by such sale the then directors of said company became, under said laws, trustees for said…

The Reporters' statement of tbe case: Tbe following are tbe facts of this case as found by tbe court: I. Tbe claimant was appointed attorney of tbe United States for tbe district of Louisiana on tbe 9tb day of December, 1870, and beld his office from that date up to March 2,1877, when his successor was appointed. II.

The Reporters' statement of the case: The following is the contract upon which the action was brought and the facts of the case as found by the court: I. The contract annexed to the petition as Exhibit B was executed between the claimant and the defendants, as alleged in the petition. II. The proposals made by the claimant for the performance of the work specified in said contract do not appear. III.

The Reporters' statement of the case: The following are the facts of this case as found by the court: I. The claimant on or about November 1,1865, was appointed an assistant special agent of tbe Treasury Department under the following authority and with the following instructions: “Treasury Department, “ November 1,1865. “Sir: You are hereby appointed an assistant special agent of the Treasury Department, and assigned to duty under the special instructions of this date,…

The Reporters' statement of the case: The following are the facts of this case as found by the court: I. In the year 1862, Benjamin B. Dykes, who instituted this action, was the reputed owner-and in possession of about 873 acres of land in and around Anderson, subsequently called Andersonville, in the State of Georgia. II.

The Reporters’ statement of the ease: The vital question sought to be raised by these motions was whether and to what extent the court will entertain jurisdiction ■of patent cases. The facts necessary to an understanding of the case fully appear in the opinion of the court.

The Reporter s’ statement of the case : The following are the facts of this case as found by the court: I. The claimant was, at the time of the happening of the matters and things hereafter set forth, and still is, a corporation duly incorporated under the laws of the State of Illinois, and was then owning and operating as a common carrier a line of railway between Cairo, in said State of Illinois, and Dubuque, in the-State of Iowa, and other points. II.

The Reporters’ statement of the case: The following- are the facts of this case as found by the court: I. On the 21st day of October, 1880, the Acting Commissioner of Internal Revenue, on appeal to him and in accordance with the regulations prescribed by the Secretary of the Treasury, made and certified for payment the following allowance for refund and payment back to the claimant of certain taxes erroneously assessed and paid to the amount therein specified.

The Reporters' statement of the case: The allegations of the petitions demurred, to sufficiently appear in the opinion of the court.

The Reporter’s statement of tbe case: Tbe following are tbe facts of these cases as found by tbe court. Tbe cases differed chiefly in tbe theories upon wbicb a recovery was sought, but tbe material facts in each were tbe same, and they are thus presented by tbe court as applicable to both cases.

The Reporters’ statement of tbe case: Tbe act for tbe relief of tbe claimants will be found set forth in tbe opinion. Tbe following are tbe facts of tbe case as found by tbe court: I. On tbe 12tb day of May, 1876, tbe Quartermaster-General advertised for proposals for tbe erection of tbe San Antonio quartermaster’s depot.

The Reporters’ statement of the case: This case, .in the documentary and circumstantial evidence upon wbicli it was presented, resembles that of Colonel Francis Taylor (15 C. Ols. R., 514). The case not being appealable on the part of the claimant, no finding of facts was made by the court, but the essential facts upon which it was decided will be found referred to in the opinion.

The Reporters’ statement of tlie ease: In this case there was no question involved or discussed, save that of the effect which should be given to the general provision of the act 1879, adopting the conditions attached to the act 1878. Those provisions are quoted in the opinion of the court.

The Reporters’ statement of tbe case: The following are the facts of this case as found by the court: I. The following regulations from the Revised Army Regulations, printed in 1SC3, were in force when the contracts hereinafter set forth were made, and when the services performed by the claimant under said contracts, as hereinafter set forth, were performed: “ 1304.

The Reporters’ statement of the case: The following are the facts of this case as found by the court: I. On the 5th of August, 1876, the claimant entered into the following contract with the defendants, for the delivery of corn; which contract was duly made and approved: ‘‘TJwited States oe America: “ Articles of agreement entered into this 5th day of the month of August, A. D. 1876, between Oapt.

The Reporters’ statement of the case: So much of the contract as is necessary to an understanding of the case will be found in the opinion.

The Reporters’ statement of the case: This case was tried at the previous term of the court, and is reportbd in 15 C. Ols. R., 414. Judgment -went against the claimant, but a new trial was subsequently allowed upon newly discovered evidence.

The Reporters' statement of tbe case: The following are the facts of this case as found by the court: I. John P. Sherburne, the original claimant, was appointed second lieutenant in the First Infantry, July 24, 1856 ; first lieutenant in the same regiment, to rank from April 8, 1861 ; captain in the Nineteenth Infantry, to rank from October 24, 1861; and major and assistant adjutant-general, to rank from July 18, 1862, and served as such until mustered out at Washington, D.…

The Reporters’ statement of the case: The claimant in this case put in evidence certain military regulations relating to the sale of personal property which had been seized by provost marshals in the district of Southwest Missouri.

The Reporter’s statement of tbe case: Tile following are the facts of this case as found by the court: I. On the 24th day of June, 1878, the claimant was employed by the Secretary of the Treasury to superintend the erection of a building for the use of the Bureau of Engraving and Printing in the city of Washington, D. C., at a stipulated compensation of $8 per day. He continued in that employment until after May 22,1879. II.

The Reporters’ statement, of the case: The following are the facts of this case as found by the court: I. On the 18th day of December, 1880, the Commissioner of Internal Revenue, on appeal to him made, and in accordance with the regulations prescribed by the Secretary of the Treasury, upon evidence satisfactory to himself, made and certified for payment the following allowance for refund and payment back to the claimant of certain taxes under the provisions of the statute…

The Reporters statement of the case: The allegations of tlie petition which gave rise to the question of jurisdiction in this case are quoted in extenso in the opinion of the court.

The Reporters’ statement of the case: The following are the facts of this case as found by the court: I. The contract set forth in the petition was entered into as stated in the petition. II. Said contract was entered into in pursuance of an advertisement published by the Commissioner of Indian Affairs, dated August 16,1876, inviting proposals for transportation from the points of departure named in said contract to the various Indian agencies.

The Reporter'1 a statement of the case : The following are the facts of these cases, as found by the court: I. On the 21st of September, 1801, the following persons, among others, were mustered into Company K, of the Third Begiment New Mexico Mounted Volunteers, as privates or non-commissioned officers,' they at the same time owning and putting into the service of the United States their horses and equipments, which at the time of muster were duly appraised by a board of…

The Reporters’ statement of tbe case: These cases were argnecl and submitted with, and were in fact a part of the preceding New Mexico horse cases; these claimants, however, belonging to Company A of the regiment, while the others belonged to Company K. No findings were filed by the court. The difference between these and the preceding cases is stated in the opinion of the court.

<p> On the Proofs. </p> <p> A number of the Third Neio Mexico Mounted Volunteers desert. About the same lime their horses, furnished by themselves, are captured. </p> <p>I. A deserter cannot recover for Ms horse, captured hy the enemy, under the Act 3d March, 1849 (9 Stat. E., p. 414, ch. 129), though his claim comes within the very letter of the statute.</p> <p>H. All statutes for the benefit of soldiers are based on the supposition of faithful service, and they cannot he used to encourage desertion or recompense deserters.</p>

The Reporters’ statement of the’case: The claimant in this case sought to recover $417.75 for mail transportation services rendered before the rebellion. He rested his case entirely upon the balance of his account as settled and certified by the accounting officers of the Treasury.

The Reporters' statement of the case: It was admitted upon, the trial that a notice, dated New York, September 1,187G, was duly given by the claimant to the Postmaster-General, stating that thereafter the claimant should charge the defendants express car rates for the running of postal cars.

The Reporters’ statement of tlie case: The following are the facts of this case as found by the court ^ I. The claimant is a corporation duly chartered under the laws of England. II. Held: therefore, precisely the same relation to the certificate as the District holds, for the presumption of payment by Cowdrey is equivalent to the proof of actual payment made by the District.

The Reporters' statement of tbe case: The following is the history of this case and the facts now established by the defendants’ evidence, as set forth and found by the court: HISTORY OE THE CASE. The petition was filed August 19,1868, in the name of the firm of Bellocque, Noblom & Co. On the 19th July, 1869, the defendants pleaded a general traverse, the statute of limitations and the alienage of the claimants.

The Reporters, statement of the case: The facts sufficiently appear in the following findings and in the opinion of the court: In accordance with the mandate of the Supreme Court, the Court of Claims has inquired into deductions for non-perform-.anee of duty or other matters provided in the contract set forth in the claimant’s petition, in regard to which no finding has been made by this court, and now find the facts relating thereto to-be as set forth in the following…

<p>The Reporters’ statement of tlie case:</p> <p>The facts of this case will be found fully set forth in 11 O. 01s, R., 578.</p>

<p> On the claimant’s Appeal., </p> <p>The court beloiv decides that an assistant treasurer who receives and sells internal revenue stamps, by direction of the Secretary of the Treasury, under the provisions of Act 30th June, 1864 (13 Stat. L., 297 § 170), 'is not entitled to a commission or extra compensation for such service.</p> <p>The judgment of the court below is affirmed upon the same grounds.</p>