Volume 19 — Court of Claims Reports

The Reporters' statement of the case: These cases the claimants brought by the voluntary filing of their respective petitions. The fifth Treasury regulation, referred to in the opinion of the court, is given below.

The Reporters’ statement of the case: This case was transmitted to the court by the Secretary of the Treasury, under section 2 of the Bowman Act. The following are the facts as found by the court: I. Under the Act June 20,1878 (20 Stat.

The Reporters' statement of the ease : This case the claimant brought by the voluntary filing of his petition.

The Reporters1 statement of the case: These cases were transmitted to this court by the Secretary of the Treasury under the Bowman Act more than six years after the claims first accrued but while they were still under consideration in the department. The defendants’ motion to dismiss was based upon that fact which appeared upon the face of the petition in each case.

The Reporters’ statement of the case : As the amount in controversy in the action was less than $3,000, no findings were filed by the court; but the facts upon which the case turned will be found in the opinion.

The Reporters’ statement of the case: The statute authorizing the Eastern Band of Cherokees to bring an action in this court, and.the verification of the petition, which the United States now move to dismiss, will he found in the opinion of the court.

'The Reporters' statement of the case: . This case was transmitted to the court by the Secretary of War under the Revised Statutes, section 1063.

The Reporters’ statement of the case: This case the claimant brought by the voluntary filing of his petition. The amount in controversy being less than $3,000, no findings were filed, but the facts will be found stated in the opinion of the court. Every one of the appropriation acts referred to were declared to be “in full compensation for the service” of the several years for which they were enacted. The claimant was appointed to the office of chief clerk and nothing else.

The Reporters’ statement of the case: The demands upon which these cases are founded were referred to this court by the Act 8th August, 1882 (22 St-at. L., p. 738, ch. 480).

The Reporters’ statement of the case: • The subject and specifications of the claimant’s motion appear in the order of the court.

The Reporters’ statement of the case: This case the claimant brought by the voluntary filing of his-petition. The amount in controversy being less than $3,000,. no findings were filed by the court.

The Reporters’ statement of the case: These cases were transmitted to this court by the Secretary of War under the Eevised Statutes, section 1063. The following are the facts as found by the court: I. On the 3d February, 1855, a donation land warrant was issued by the State of Texas to Palelo Casillas, which he transferred to A. C. Hyde, Jarvis Hubbell, and William Ford. It was surveyed and located on the 20th December, 1858, so as to contain land occupied by Fort Quitman.

The Reporters’ statement of tbe case: These cases were consolidated and tried together under the provision of the District claims Act. The following are the facts as found by the court: I. The claimant, Stewart, entered into nine written contracts with the board of public works of the District of Columbia, of which the material parts relied upon by the parties respecting the matters in controversy in these cases are as follows: “First.

The Reporters’ statement of the case: This ease the claimant brought by the voluntary filing of his petition. The following are the facts as found by the court: I. After the passage of the Act of July 29, 1882, chapter 359 (22 Stat. L., 723), the claimant was paid upon a Treasury warrant, dated November 2,1882, the sum of $1,145, on account of the appropriation made in his favor by said act, and he has been refused any further payment on account thereof. II.

The Reporters' statement of the case: The following are the chief allegations of the petitions in these cases: “The United States, on the 13th day of December, 1864, granted to said James L. Henry, deceased, letters patent numbered forty-five thousand four hundred and sixty-two, for an improvement in sub-caliber projectiles. “That the United States have used said improvement in the Army and in the Navy from the time said letters patent were granted until the end of the…

The Reporters’ statement of the case: This amount in controversy being less than $3,000, no finding's were filed by the court. The evidence relied upon is .quoted in the opinion.

The Reporters’ statement of the case: This was a disbursing officer’s case, which the claimant brought by the voluntary filing of his petition.

The Reporters’ statement of the case: The facts of .this case were found at length by the court, but all of the essential matters necessary to an understanding of the decision will be found in the opinion. The present claimant is the successor of the contractors, Brainard & Wholly.

The Reporters’ statement of the case: This case was transmitted by the Secretary of the Interior under the Bowman Act. The treaty under which it arose and the facts relating to the present motion will be found in the opinion of the court.

The Reporters’ statement of the case: This case the claimant brought by the voluntary filing of his petition. The following are the facts as found by the court: I. The claimant was appointed second assistant engineer in the Navy, to date from September 1, 1870, his title being subsequently changed, by Act February 24, 1874, ch. 35 (Supplement Rev. Stat., 5), to that of assistant engineer. II.

The Reporters’ statement of the case : This case the claimant brought by the voluntary filing of his petition. The following are the facts as found by the court: I. The claimant has been an officer of the United States Navy since the date he was commissioned as master. His present rank is that of lieutenant, junior grade. II.

The Reporters’ statement of the case: ■ This case the claimant brought by the voluntary filing of his petition. The service was rendered in 1861; the petition was not filed till February 16, 1883. The court filed a finding of facts, but they will be found sufficiently stated in the opinion.

The Reporters’ statement of the case: The facts of this case are almost identical with those in other “difference cases,” and the substance of them will be found in the opinion of the court.

The Reporters’ statement of the casé: It was conceded in this case that $1,608.10 of moneys retained on a contract was due to the claimants. The controversy in the case related to another amount and grew out of the following facts: On the 30th of June, 1875, the following account was made up by the defendant’s officers: “ Washington, D. O., June 30,1875. “ District of Columbia to Campbell & Rothwell, Dr. “ For contract 811.

The Reporters’ statement of the case: The claimant presented the same ground for a recovery in this case which was presented by him in his case reported at p. 156, ante, but the court declined to reconsider it.

The Reporters’ statement of the case: This case the claimant brought by the voluntary filing of his petition. The amount in controversy being less than $3,000, no findings were filed by the court, but the facts will be found in the opinion.

The Reporters’ statement of the case: These cases were transmitted by the Secretary of the Treasury under the Bowman Act. The following are the facts as found by the court: I. In August, September, and October, 1868, Charles Mathewson was United States Indian agent at the Winnebago Agency,. Nebraska, and H. B. Denman was superintendent of the Northern superintendency of Indian affairs. II.

The Reporters’ statement of the ease: The following are the facts as found by the court: I. In the month of March, 1875, and thereafter in that year, while the matters hereinafter set forth were occurring, the claimant was engaged in the city of Philadelphia, Pa., in the business of ship-plumbing, and had a capital of about $2,500 cash; and during the same time Robert W. Steele was a naval constructor in the United States Navy, and was on duty as such in said city, but not…

The Reporters’ statement of the case: This case the claimant brought by the voluntary filing of his petition. In Major Babbitts Case (16 O. Cls.

The Reporters’ statement of the case: This action the claimants brought by the voluntary filing of their petition, which is set forth in the opinion of the court. 1. The United States decided that it was consistent with the public interest to prosecute these claims, and did, in behalf of the claimants, present said claims to Great Britain and did demand payment thereof, and did enter into negotiations with the government of Great Britain for the payment thereof.

The Reporters' statement of the case: This case the claimant brought by the voluntary filing of his-petition. The following are the facts as found by the court: I. Campbell K. Peck recovered a judgment against the defendants in the Court of Claims, No. 11832, for $43,113.63. The caséis reported in LI O. Ols. R., 81.

The Reporters’ statement of the case: The following are the facts of the case so far as they relate to the counter-claim of the defendant. The facts'upon which the claimant relied are set forth in the opinion of the court: .1.

The Reporters’ statement of the case: This case the claimant brought by the voluntary filing of his petition. The following are the facts as found by the court so far as they relate to the points decided. I. The claimant is a corporation, organized under the laws of California May 13, 1870. II.

The Reporters’ statement of the case: This case the claimants brought under the Act 3d March 1881 (1 Supplmt. Eev. Stat., 608). The defendants demurred to their petition. The court is directed to “review” a certain matter “ de novo.” These are technical terms, used to designate the operation of entirely reconsidering a matter which has once been adjudi-catedjby some authority.

The Reporters’ statement of the ease: These cases the claimants brought by the voluntary filing of their respective petitions.

The Reporters'1 statement of the case: This case the claimant brought by the voluntary filing of his petition. The following are the facts so far as they are involved in the opinion of the court: I. The lease annexed to the petition was executed as alleged in the petition j and the leased premises were occupied during the year ending March 31, 1877, b,y the Albany, N. Y., post-' office, and the rent for that year was duly paid.

The Reporters’ statement of the case: This case the claimant brought by the voluntary filing of his petition. The defendants demurred to the petition, which will be found in extenso in the opinion of the court.

The Reporters’ statement of the case: This action the claimant brought by the voluntary filing of his petition. The following are the material facts: On June 24,1879, the claimant was serving as a boatswain on board the United States flag-ship Ticonderoga, then at Jamestown, St. Helena.

The Reporters’ statement of the ease : The following are the facts of the case as found by the court t I. In the year 1870 the levy court of the county of Washington, District of Columbia, had a contract with Albert Gleason for the grading by him of a road within its jurisdiction for the ■sum of $1,600. II. While the work was in progress the funds of the court became exhausted, and there was not money sufficient to pay for the whole of the work to the extent of $400.

The Reporters’ statement of the case: This action the claimant brought by the voluntary filing of his petition. The following are the facts as found by the court t I. The action of the officers of the Treasury Department, in relation to the claimant’s demand, appears in the following documents: “SCHEDULE OE CLAIMS EOB THE REFUNDING- OE TAXES.

The Reporters'1 statement of tbe case: This action the claimant brought by the voluntary filing of their petition. Held: possessed, and owned by the said company, to wit, all that portion of the railroad and the railroad line of the said company from and including the terminus and depot at Eichmond, in the State of Virginia, and thence to the mouth of the Big Sandy Eiver on the Ohio Eiver, in the State of West Virginia, including all of said line of…

The Reporters’ statement of the case: This action the claimant brought by the voluntary filing of his petition.

The Reporters1 statement of the case: This action was transmitted to this court by the Postmaster-General under the provisions of the Bowman Act. The following are the facts as found by the court: I. The claimant liad contracts for the following mail routes: No. 10411a, dated September 1C, 1858, for carrying the mails from Jefferson City, Mo., to Versailles, Mo., from October 1, 1858, to June 30, 1862, at $353 per annum.

The Reporters1 statement of the case: In this case findings of facts were prepared and filed by the court; but every material fact, including those parts of the contracts in suit which required construction, will be found fully stated in the opinion of the Chief Justice.

The Reporters’ statement of the case: The following is the material part of the defendant’s motion : 1st. That since the rendition of the judgment herein, to wit, on the 6th day of February, 1884, it was discovered by the Attorney-General and at that date first came to his knowledge tbat the District of Columbia had recovered against the claimant Isaac P. Childs and another on February 7,1881, judgment in the Supreme Court of the District of Columbia in the sum of #850, and…

The Reporters’ statement of the case: This action the claimants brought by the voluntary filing of their petition. The court prepared and filed findings of fact which set forth a great number of items; but all of the material facts are stated in the opinion.

The Reporters’ statement of the case: This case was transmitted to this court by the Secretary of the Treasury under the provision of the Bevised Statutes, § 1063. The following are the facts as found by the court: I! Octpber 20,1861, claimant was duly appointed a second lieutenant in the Army, and was on the 18th of November, 1861, promoted to the rank of first lieutenant in- the Army, to také effect from the 20'th of October, 1861. ill.

The Reporters' statement of the case: This case was transmitted to the court by the Secretary of the Treasury under the Revised Statutes, § 1063. The following are the orders of dismissal and revocation, the remaining facts of the case being fully set forth in the opinion of the court: [Special Orders No. 516. — Extract.] “War Department, “Adjutant-General’s Oeeice, “ Washington, November 20, 1863. #####*# “ 8.

The Reporters’ statement of the case :' This case was transmitted to the court by the Secretary of the Treasury under Revised Statutes, § 1063.

The Reporters' statement of the case: ' This case was transmitted to the court by the Secretary of the Treasury under the Revised Statutes, section 1063.

The Reporters’ statement of' the case: This case was transmitted to the court by the Secretary of the Treasury under the Revised Statutes (§ 1063). The following are the facts as found by the court: I. April 22, 1861, the claimant was mustered in as a captain of Thirteenth Ohio Volunteer Infantry, and served as such till November 8, 1861, when he was mustered in as major. August 18, 1862, he was honorably mustered out.

The Reporters’ statement of the case: This action the claimant brought by the voluntary filing of his petition. The simple question of law on which the case depended and the single fact out of which it arose are stated in the opinion of the court:

The Reporters’ statement of the case: ■ This action the claimants brought by the voluntary filing of their petition. Tlie facts alleged in the petition are set forth in the opinion of the court.

The Reporters’ statement of the ease: This action the claimants brought by the voluntary filing of their petition. The agreement which was the basis of the present motion is set forth in the opinion of the court.

The Reporters’ statement of the case: This was a u difference case” identical in substance with many that have been before the court, as is very clearly set forth in the opinion.

The Reporters’ statement of the case: This action the claimant brought by the voluntary filing of his petition. The following are the facts as found by the court: Í. Littlewood Point,” the real estate described in the petition, was sold for direct taxes March 10,1863. The claimant’s wife was the owner thereof at the time of sale. II. At such sale it was sold to the United States for $300; all costs and charges against the property amounted to $33.36.

The Reporters’ statement of the case: This action the claimant brought by the voluntary filing of his petition. The single question of law on which the case turned rested upon a single fact which is stated in the opinion of the court.

The Reporters' statement of the case: This action rested entirely upon the claimant’s service as a paymaster’s steward in the Navy, in regard to which the following are the facts found by the court: The claimant was commissioned a second lieutenant in the United States Marine Corps to date from March 18, 1864; his rank from August 20, 1867, to December 2, 1880, was that of first lieutenant; and his present rank is that of captain.

The Reporters’ statement of the case: The following are the facts of the case as found by the court: I. In December, 1872, and afterwards, there existed a co-partnership called the Ballard Pavement Company, which was composed of William W. Ballard, Edward L. Marsh, and Tal-madge E. Brown, the claimant; and said company had a business office in the city of New York. II.

The Reporters’ statement of the case: This action the claimants brought by the voluntary filing of their petition.

The Reporters’ statement of the case: This action the claimant brought by the voluntary filing of his petition. The provisions of the mail-transportation contracts under consideration are sufficiently stated in the opinion df the court. With regard to the extra service sued for, the following facts were found: The claimant performed his contracts according to the terms thereof, and has been paid the contract price from July 1,1877, to March 31, 1883.

The Reporters’ statement of the ease: This action the claimant brought by the voluntary filing of its petition. The following are the facts so far as they are involved in the decision of the court: In 1871 a bill in equity, filed in behalf of the United States against the Nashville and Chattanooga Eailway Company, was pending in the United States circuit court for the middle district of Tennessee, to enforce certain demands of the United States against said company.

The Reporters’ statement of the case: This case was transmitted to this court by the Secretary of the Treasury under the provision of the Bevised Statutes, § 1063. The order carrying into effect the sentence of the court-martial and the order of revocation are given.

The Reporters1 statement of the case: This case was transmitted to the court by the committee of . the House of Eepresentatives. The facts upon which the defendants’ motion was based will be found in the opinion of the court.

The Reporters’ statement of the case: This, it may be noted, was the first report to Congress under the recent statute “ to afford assistance and relief to Congress in the investigation of claims and demands against the United States,” commonly called the Bowman Act..

The Reporters’ statement of the case: This action the claimant brought by the voluntary filing of his petition.

The Reporters’ statement of the case: This case was transmitted to the court by the Secretary of the Treasury under the Bowman Act. The first decision of the Treasury Department, that of Secretary Sherman, is given below.

The Reporters’ statement of the case: This action the claimant brought by the voluntary filing of his petition. The demand was for mileage and the case turned entirely upon an order of Rear-Admiral Bryson, which will be found in the opinion of the court. The decision not being ap-pealable, no findings of fact were filed.

The Reporters'1 statemeut of the case: This action the claimant brought by the voluntary filing of Ms petition.

The Reporters’ statement of the case: These actions the claimants brought by the voluntary filing of their petitions. The decision not being appealable no findings were filed, but the facts sufficiently appear in the opinion of the court.

The Reporters’ statement of the case: This action the claimant brought by the voluntary filing of his petition.

The Reporters’ statement of the ease: This ease was transmitted to the court by the Senate Committee on Claims under the provision of the Bowman Act. The bill so referred and the petition subsequently filed by the claimant will be found in the opinion of the court.

The Reporters1 statement of the case: This case was transmitted to the court by the Secretary of the Treasury under the Revised Statutes, § 1063. The following are the facts as found by the court so far as they are involved in the decision of the case: I. The claimant was appointed a first lieutenant in the Army on the 14th May, 1861, and accepted the appointment on the 22d June, 1861. II.

The Reporters’ statement of the case : This action the claimant brought by the voluntary filing of his petition. The facts found by the court are of great length, but an abstract of them will be found in the opinion. 1. Where one party to an executory contract puts an end to it, by refusing to fulfil, the other party is entitled to an equivalent in damages for the gains or profits which he would have realized from such performance. (Phil., 'Wilm. amd Bali.

The Reporters’ statement of the case: The facts found in this case differ but little from those in numerous cases which have been before the court. An abstract of them will be found in the opinion.

The Reporters’ statement of the case: This action the claimant brought by the voluntary filing of his petition. The following are the facts as found by the court: I. The claimant was on the 3d of March, 1882, as he had been previous thereto, captain of the Capitol police. II. His name, on the 3d of March, 1883, was on a pay-roll of the Secretary of the Senate and the Clerk of the House of Representatives, and each officer paid him alternately. III.

The Reporters’ statement of the case: This action the claimant brought by the voluntary filing of her petition. An extract of the will is given on which the righ fcs. of the trustee depended.

The Reporters’ statement of the case : The following are the facts of this case as found by the court, omitting some matters of detail: I. The Tiber Creek, prior to the year 1871, was a natural stream of water flowing through the city of Washington and discharging into what was then known as the W ashington Canal, on Third street west, between Maine and Missouri avenues, and by that into the Eastern Branch.

The Reporters’ statement of the case: This action the claimant brought by the voluntary filing of his petition.

The Reporters’ statement of tbe case: The case was transmitted to the court by the Secretary of the Treasury under the Revised Statutes, § 1063.' The following are the facts as found by the court: I. The claimant was an additional paymaster of volunteers, when, by general order of May 25, 1865, he was honorably mustered out of service, to take effect, according to the terms of the order, July 1,1867.

<p> On the claimant’s Motion. </p> <p>The case is transmitted by a committee of Congress underthe Bowman Act. After the petition has been dismissed for want of jurisdiction, the claimant moves to return to the committee the papers transmitted to the court with the claim.</p> <p>E. The history of the procedure o f Congress and this court in cases which arose under former legislation stated; also the evils which led to the passage of the Bowman Act (22 Stat., p. 485, $ 1).</p> <p>II. One legislative purpose of the Bowman Act is to provide for the judicial investigation of matters in which no legal right of recovery exists and as to which the discretion of Congress cannot Constitutionally be conferred upon any tribunal.</p> <p>III. Congress in the Bowman Act have carefully guarded against an evil of former legislation (the transmission of evidence to Congress) by prescribing a concise judicial finding of facts upon which legislative discretion can be exercised and relief given.</p> <p>IV.The practice of reporting only findings of fact to Congress as established! by the Bowipau Act is analogous to that established by the Supreme Court in requiring for appealed cases a finding in the nature of a special verdict, but not the evidence establishing the facts.</p> <p>V.The findings of this court, as held by the Supreme Court, furnish the only facts to be considered in appealed cases, as they also do in case» reported to Congress.</p> <p>VI.When this court has found the facts and reported them to Congress it has exhausted its power, and has no authority to return documents, or other evidence on motion of either party or otherwise. The purpose of Congress was to remove from the halls of legislation controverted questions of fact.</p> <p>VII.In cases under the Bowman Act dismissed for want of jurisdiction, wherein no facts are determined and none are reported to Congress, the documents and evidence transmitted to the court will be returned on the request of the committee which transmitted them, but not on the motion of either party.</p>

The Reporters’ statement of the case : This case was transmitted by the Secretary of the Treasury under the Revised Statutes, section 1063, the claimant stipulating that the transmission should not waive the statute of limitations.

The Reporters’ statement of the case: This action the claimant brought by the voluntary filing of his petition. The following are the-facts as found by the court: I. June 26,1861, the claimant was appointed a master’s mate in the volunteer Navy of the United States, and served in that capacity until May 25, 1862, when he was appointed an acting master, in which capacity he served until November 29, 1865, when he was honorably discharged.

The Reporters'1 statement of the case: This action the claimant brought by the voluntary filing of his petition. The following are the facts as found by the court: I. The claimant was enrolled and mustered in as a private in Company D, Third Maryland Volunteers, September 30,1861; was promoted and mustered in as second lieutenant of Company C, same regiment, to date from November 25, 1861; and was mustered out of service as such May 15, 1862.

The Reporters’ statement of the ease: This action the claimant brought by the voluntary filing of his petition. The following are the facts as found by the court: I. In 1867 the claimant was a first engineer in the Navy. In that grade he served two years at sea on board of a naval steamer. The two years of sea service was completed June 1, 1867.

The Reporters' statement of the case: This action the claimant brought by the voluntary filing of his petition. The following are the facts as found by the court: I. The claimant was marshal of the United States for the middle and southern districts of Alabama from April 26,1876, to May 1,1880. II.

The Reporters’ statement of the case: The controversy here was entirely upon the counter-claim, in regard to which the following facts were found by the court: I. In 1871 the Board of Public Works established the price of Belgian pavement a.t $2.80 a square yard.

The Reporters’ statement of the case: This case was transmitted to the court by the Secretary of the Interior under the provisions of the Bowman Act. The following are the facts as found by the court: The claimant is, and has been since October 30,1876, receiver of public moneys at Salt Lake City, in the Territory of Utah; and the land office at that place has been a consolidated land office since the 19th of June, 1877.

The Reporters’ statement of the case: The certificates of indebtedness upon which this action was brought and the facts relating to them will be found in the opinion of the court.

The Reporters1 statement of the case: This action the claimant brought by the voluntary filing of his petition. No findings were filed by the court, but the facts will be found in the opinion.

The Reporters’ statement of tbe ease: This action the claimants brought by the voluntary filing of their petition. The following are the facts as found by the court: I. The steamer Jackson, built in 1860, was duly enrolled at the port of Aj>alachicóla, Fla., August 30 of that year.

The Reporters’ statement of tbe case: This action the claimant brought by the voluntary filing of his petition. As the amount in controversy did not exceed $3,000, no findings were filed, but the substantial facts will be found in the opinion of the court.

The Reporters’ statement of the case: The contest on the trial turned chiefly on the utility of the invention, and experts were examined at great length upon that question, the defendants maintaining that the device was inferior to the unpatented equipments which it supplanted, and therefore not useful. The case being remanded for further evidence, no findings of fact were filed.

The Reporters’ statement of the case: This action the claimant brought by the voluntary filing of his petition. The facts were found by the court, but a clear abstract of them will be found in the opinion of the Chief Justice.

The Reporters’ statement of the case: The previous action of the court and the petition dismissed for want of jurisdiction will be found at p. 489 ante.

The Reporters’ statement of the case: This case was transmitted to the court by the Secretary of the Interior, under the provisions of the Bowman Act. The controversy was really one of law, the petition setting forth facts which the defendants admitted by demurrer.

The Reporters’ statement of the ease: This case was transmitted to the court by the Committee on Claims of the House of Bepresentatives. The facts concerning the present motion will be found in the opinion of the court:

The Reporters7 statement of the case: Jurisdiction of this action was conferred by the Act 3d March, 1879 (20 Stat. L., 483).

<p>The Reporters’ statement of the case:</p> <p>The facts on which the motion was based appear in the opinion of the court.</p>

The Reporters' statement of the case: This case was transmitted to the court by the Secretary of War under the provisions of the Bowman Act. The following are the facts as found by the court: I. July 16,1862, the claimant was duly commissioned a brig- adier-general in the Army.