Volume 26 — Court of Claims Reports

The Reporters' statement of tbe ease: Tbe following are tbe facts of tbe ease as found by the court: 1. Tbe claimant, James J. McCafferty, was a commissioner of the Circuit Court of tbe United States for the district of Minnesota from January 1, 3887, to March 31,1888, duly qualified and acting. II.

The Reporters’ statement of tbe case: Tbe following are tbe facts of tbe case as found by tbe court: I. (1) Tbe claimant bas been clerk of tbe District Court of tbe United States for tbe southern district of Illinois from January 1,1886, to June 30,1887.

<p> On the Proofs. </p> <p>In 1863 the Commissary Department, without procuring a lease, erects a storehouse upon vacant property in Louisville and occupies it for three years. The building is then sold to third parties, who procure a lease of the realty from the claimant. Dnring the occupancy the value of the property increases.</p> <p>I.The court adheres to the rule in Johnson’s Case (á C. Cls., B. 391) that “ the rule for the measure of damages for the temporary occupation of land lnj the Government is the value of the occupancy at the time of entry.”</p> <p>II.The relations of landlord and tenant become fixed at the time of entry; and where the holding continues and becomes a tenancy from year to year, neither party can be made subject to the fluctuations of real estate in the market. Bent once fixed continues until it be changed by agreement.</p> <p>III.The damages which may be recovered in an action of trespass do not measure the compensation for the use and occupancy of land by the Government, though without the consent of the owner and against his wishes.</p> <p>IV. Every person who acquires property, real or personal, in effect subscribes to an agreement to hold it subject to the rght of the Government to take it for public use on the payment of just compensation. All property is held on this condition.</p> <p>V. The damages for the occupancy of real property, though begun without the consent of the owner, must be estimated as if he expressly consented to it for a reasonable compensation, but neglected to fix the amount.</p> <p>VI. The fact that land increased in value during the occupancy, or that in an improved condition it was subsequently let to other parties for a certain amount, does affect the liability of the Government. The fact to be established is the rental value of the premises when the Government entered.</p> <p>VII. A court must recognize what is a matter of common knowledge, that in every American city unimproved laud, called vacant lots, held as an investment, yielding neither rent nor profit, can be rented ordinarily at a very low percentage of its value. *</p>

The Reporters’ statement of the case: The facts upon which this motion is based will be found stated in the opinion of the court.

The Reporters’ statement of the ease: The following are the facts of this case as found by the court: I. The claimant and the defendants (by Colonel Hodges, a deputy quartermaster-general of the Army) entered into a written contract, of which the following is a copy: Articles of agreement entered into this twenty-eighth day of May, eighteen hundred and eighty-sis, between Lieut. Colonel Henry 0.

The Reporters' statement of the case: The following are the facts of the ease as found by the court: I. In the year 1884 plaintiff was the owner of certain real estate in the District of Columbia,bordering upon Dock Creek. This property was at the date hereinafter set forth used as a mill site, and also for the sale of sand deposited by the stream when it overflowed the land during times of freshet. II.

The Reporters' statement of the case: The following are the facts of the case as found by the court: I. January 30, 1866, the Secretary of War issued an order for… Held: enjoyed by me if this assignment and sale had not been made. “In testimony whereof I hereunto set my hand and affix my seal this 15th day of February, 1366. “ | seal.] “ Benj. S. Roberts, U. S. A. “ Sealed and delivered in presence of— “Laura Sperry. “Received and recorded Feb’y 19th, 18667 — J. H. S.” VII.

The Reporters’ statement of the case: The claim in this case for musical instruments, alleged to have been furnished to the military forces of the United States for their use during the late war, was transmitted to the court by the Committee on Claims of the House of Representatives, ■on the 24th May, 1884.

The Reporters’ statement of the case; The averments in the defend ant’s motion, which was really a plea in abatement, will be found in the opinion of the court. Subsequently to the filing of that motion the claimant filed the following motion to dismiss, treated by the court as a demurrer. It was conceded on the argument that since the defendants’ motion was made, the claimant had dismissed his plea of recon-vemion.

The Reporters’ statement of tbe case: The affidavit upon which this motion was founded is set forth 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 claimant was appointed, by the President, Treasurer of the United States April 1, 1883, and performed the duties pert pining to that office until April 30,1885, and was paid tbe salary provided therefor by section 301, Bevised Statutes of the United States. II.

The Reporters’ statement of the case: The following are the specific items of expenditure for “new construction and equipment” now called for by the Supreme Court. They were referred to in the former finding but were not requested by either party and were not deemed “ material to the due presentation of the case” as then argued, or submitted. 1881. Feb. 19. Land for water supply, Battle Mountain. $800.00 28.

The Reporters' statement of the case: The following are the facts of this case as found by the court: I. On the 27th day of June, 1879, the defendants made a lease with the plaintiffs for the basement, first and second stories, of the building known as the Seaton House, located on Louisiana avenue and O street, between Sixth and Seventh streets, northwest, city of Washington, District of Columbia; said lease was dated 25th day of September, 1879, its terms were for five…

The Reporters’ statement of the case: The following are the facts of this case as found by the court: L On the 14th day of December, 1881, the claimant and the defendants entered into a certain contract as follows: “ Whereas, in accordance with law, by duly published notice, a copy whereof is hereto annexed, proposals were invited as therein set forth: Now, this contract, made and entered into by and between James G-.

The Reporters’ statements of tbe case: Tbe following are tbe facts of this case as found by tbe court: I. The claimant entered into tbe naval service of tbe United States on tbe 8tb of October, 1861; was commissioned pay inspector on tbe 15th of May, 1879; and on tbe 27th day of June, 1882, was appointed by tbe President and confirmed by tbe Senate “ Chief of tbe Bureau of Provisions and Clothing, and Paymaster-General in tbe Department of tbe Navy, with tbe relative rank of…

<p> On the defendants’ Motion. </p> <p>Stores and supplies are taken during the civil war from the claimant. He makes an assignment in bankruptcy, and then presents his claim to the Southern Claims Commission. The assignee does not appear either before the Commission or in this court.</p> <p>I.A claim for the proceeds of captured property was a claim founded on a legal right, which passed to the assignee in bankruptcy. A claim for property appropriated for military purposes is not a chose in action. It depends upon the clemency of Congress, and does not pass in bankruptcy.</p> <p>II.The original owner of property appropriated by the Army may prosecute a Congressional case. The court will report the fact of bankruptcy, and leave the determination of the legal right to Cougn ss.</p> <p>Ill,The presentation of a claim by the owner of the property to the Southern Claims Commission was sufficient to take it out of the bar of the Act 3d March, 1873 (17 Stat. L., 577), notwithstanding his assignment in bankruptcy.</p>

The Reporters' statement of the ease: • The facts and proceedings of Congress upon which this motion of the defendants was based will be found in the opinion of the court and in the subsequent case of Dowdy.

The Reporters’ statement of the case: The following are the facts of this ease as found by the court: I. The claimant, William H. Faucett, was a commissioner of the Circuit Court of the United States for the western district of North Carolina from February 18, 1886, to May 27, 1889, duly qualified and acting. II.

The Reporters’ statement of the case: The following are the facts of this case as found by the court: 1. The claimant, Stanley W. Martin, was clerk of the United States District and Circuit Courts for the western district of Virginia from the 19th day of June, 1888, to the 15th day of August, 1889, duly qualified and acting. II.

The Reporters' statement of the case: This case was under consideration on the preliminary question of the claimant’s loyalty, and the decision relates to the evidence upon which lie relied, viz, the finding or judgment of the court in his favor on the question of loyalty in a former suit under the Abandoned or Captured Property Act.

The Reporters' statement of the case: The following are the facts of the case as found by the court: I. The claimant and A. S. Kimball, quartermaster of the United States Army, entered into the following contracts: “Articles of agreement entered into this fifteenth day of June, eighteen hundred and eighty-nine, between Major A. S. Kim-ball, quartermaster, United States Army, chief quartermaster of the Deparment of Arizona, of the first part, and Gustav Becker, of…

The Reporters’ statement of tbe ease: The following are the facts of this case as found by the court: I. James D. Smith, February 23,1885, entered into a mail contract with the United States, the material portions of which are as follows: “Whereas James D. Smith has been accepted, according to law, as contractor for transporting the mail on route No. 10157, from Ingleside, Md., to Merrickton and back six times a week by a schedule satisfactory to the Department, at one…

The Reporters’ statement of the case: The following are the facts of the case as found by the court: I. The claimant,, William Wilson, was a postmaster of class four, appointed by the Postmaster-General and duly qualified, atOhadron, Nebr., and served as such from July 1,1885, to January 25,1887. January 25, 1887, he was nominated by the President, confirmed by the Senate, and duly commissioned as postmaster of class three. II.

The Reporters’ statement of the case : The following are the facts of this case as found by the court: I. Plaintiff was consul-general of the United States, and in charge of the consulate-general at Shanghai from July 14,1884, to July 13,1885, inclusive. II.

The Reporters' statement of the case: The following are tkefacts of this case as found by the court: I. Henry P. Woodward died in Shelby County, Tenn., in 1869, leaving a will in which were the following provisions among others: “ Third.

The Reporter’s statement of the case: The call issued by the court upon the Post-Office Department, and the motion of the defendants to vacate it, will be found in the opinion of the court.

The Reporters’ statement of tbe case : The resolution of the House of Bepresentatives referring the claim will be found in the opinion of the court, and a somewhat similar motion will be found in Farrar’s Case (ante). This case is res adjudieata. The same question was before this court by reference under the Bowman Act. The opinion of the court is found in 23 0. 01s. R., 97. Claimant had received payment and under protest receipted in full an amount appropriated in full.

The Reporters' statement of tbe ease.: The following are the facts of this case as found by the court: I. On- June 15, 1862, one week.after the capture of Memphis, the military forces of the United States seized and occupied for hospital purposes the building in that city more fully described in the petition of the claimant. The entry was a military act, without the assent or assistanoe of the owner, and the occupancy continued until September 15, 1865, and subsequently. II.

The Reporters’ statement of the case: The following are the facts of this case as found by the court: I. Plaintiff was in 1883, had been before, and is now, an attorney and counsellor at law and a solicitor in chancery, residing at Denver, in the State of Colorado, and practicing in the Federal courts. II.

The Reporters' statement of the case: . The facts repo rted to Congress in this case will be found in the report of the case (22 C. Cls. B., 3).

The Reporters’ statement of the case: The following is the motion of the claimant in this proceeding: And now comes the undersigned, attorney for the administrator in the above-named case, and moves the court to certify to the Secretary of the Treasury that the administrator above named, on whose behalf an award was made by this court in said case, represents the next of kin of said deceased, and in form as is required by the proviso to an act approved March 3, 1891,…

The Reporters’ statement of the case: The case was submitted upon the evidence and the action of the court was upon its own motion.

The Reporters' statement of tbe case: The answer of the defendants to which the claimant demurred will be found in the opinion of the court.

The Reporters’ statement of the case: This action, being a test case, was presented to the court on the following agreed statement of facts and the amendment and papers thereto appended.

The Reporters' statement of the case: The following are the facts of this case as found by the court: I. An account was examined and adjusted by the Fifth Auditor November 25,1873, in favor of said James M. Wayne for $1,128.97, and for four other persons for different amounts, and was transmitted for decision of the Comptroller of the Treasury.

The Reporters’ statement of tbe case: The following is the application and motion of the defendants j In the matter of the petition of Charles Francis Adams for a certificate of the Court of Claims, under the provisions of the act entitled “An act making appropriations to supply deficiencies in the appropriation for the fiscal year ending June 30, 3.891, and for prior years, and for other purposes.” The defendant, considering the facts hereinafter set forth to to be proven,…

The Reporters’ statement of the case: The allegations of the claimant’s petition and tbe facts upon which the case turned are set forth in the opinion of the court.

The Reporters’ statement of the case: The facts upon which this case rests will be found in the opinion of the court. In the case of Sendee (22 O. Cls. B., 134) the claimant had served as a paymaster’s clerk.

The jReporters’ statement of the case: The facts of this case, as presented by the petition, are set forth in the opinion of the court.

The Reporters’ statement of the case: The motion to dismiss for want of jurisdiction was made upon the facts presented by the petition. They are stated in the opinion of the court.

<p>The Reporters’ statement of the case:</p> <p>This case not being appealable, no findings were filed by the court.</p>

The Reporters’ statement of the case: The question of jurisdiction involved in this case was considered on the petition and'request for findings, both of which are set forth in the decision of the court.

The Reporters' statement of the case:. The grounds upon which these motions rest are stated 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: The claim or matter in the above-entitled cause was transmitted to the court by the Secretary of the Treasury, under the provisions of section 1063. of the Revised Statutes, on the 11th day of September, 1888.

The Reporters' ¿statement of the case. The following are the facts of this case as found by the court: I. March 15,1878, B. H. Peterson, plaintiff herein, contracted with defendants to carry the United States mail between Shreveport and Bed River Landing’, La., on route 30162, 261 miles each way, three times a week, from July 1,1878, to June 30,1882, for the compensation of $11,700 per annum, and on a schedule of 60 hours running time each way.

The Beporter’s statement of tbe case: Tbe following are tbe facts of tbe case as found by the Court: I. Tbe United States, by H. W. Howgate, property and disbursing officer, Signal Service, U. S. Army, leased from George B. Graham bouse No. 1725 G street Northwest, Washington, D. C., for use as an office, with tbe grounds in connection therewith, for tbe term of one year, with tbe privilege of renewal from year to year, the term to commence on tbe 1st day of July, A. D.…

The Reporters’ statement of the case: The following are the facts of this case as found by the court: I. On the 8th July, 1882, when this action was begun, there was due and owing to the claimant for the transportation of the mail on routes Nos. 45101,45131,45155, and 45159 the sum of $12,596.72 and on route 45150 the sum of $929.47. This indebtedness is not a matter of controversy, being conceded by the Post-Office Department.

The Reporters’ statement of the ease. The following are the facts of this case as found by the court: I. The claimant is a native subject of Russia, residing in the United States. The following is a translation of the provisions of the law of Russia, according to citizens of the-United States the right to prosecute claims against such Government in its courts. “Section1292.

The Beporters’ statement of the case: The following are the facts of this case as found by the court: I. The claimant was a shipping commissioner at the port of Mobile, Ala. During the term of his service he made a detailed report monthly to the Secretary of the Treasury of his services and the fees provided by law, with a full, exact, and itemized account of receipts and expenditures.

The Reporters’ statement of the case: The following are the facts of this case as found by the jourt: I. On April 3, 1866, the claimant was appointed a first lieutenant in the Seventh Regiment United States Infantry, a-nd served as such until April 16,1870; was unassigned from that date until May 4, 1870, when he was assigned to Sixteenth Regiment of Infantry; joined his regiment, May 24, 1870, and served as such officer until August 5, 1870, when he was put under arrest. II.

The Reporters' statement of the case: The following are the facts of this case as found by the court: I. Major (now Lieutenant-Colonel) William E. Merrill, of the United States Corps of Engineers, having his office at Cincinnati, Ohio, was resident engineer in charge of the improvement of the Ohio River in the years 1881,1882,1883, and still is there upon that duty. II.

The Reporters' statement of the case: A large number of items were presented by this case, but, with the exception of the tenth, all have been determined by decisions in other cases. The opinion of the courtis confined to these items.

The Reporters’ statement of the case: No findings were filed in this case, but the facts will be found stated in the opinion of the court. The annual diplomatic and consular appropriation acts for the fiscal years in which the claimant was employed each made an appropriation, under the head of uContingent expenses foreign missions,” amounting to $105,000, “ including compensation of interpreter, guards, and Arabic clerk at the consulate at Tangier.” (24Stat.

The Reporters’ statement of the case: The following are the facts of this case, as found by the court: I. In October, 1863, and at the time of the transactions set forth in the third .finding, the claimant, John Finn, and one William P. Milliken were partners in trade, engaged in the purchase and sale of horses and mules, under the firm name of John Finn & Co. During the latter part of the year 1866 Mil-liken withdrew from the firm, and in consideration of an amount of money…

The Reporters’ statement of the case: The following are the facts of this case as found by the court: I. The claimant, John J. Allen, has been a commissioner of the Circuit Court of the United States and chief supervisor of election for the eastern district of New York since the year 1874, duly qualified, and is still acting. II.

The Reporters' statement of tbe case: The following are the facts of the case as found by the court: I. The claimants and defendants on the day of the date thereof entered into a written contract as follows: “Mail-messenger, transfer, and moil-station service in the city of St. Louis, Mo., from July 1, 1883, to June 30, 1887, route No. 28675, $16,998 per annum. “This article of contract, made the 10th day of March, 1883, between the United States of America (acting in this…

The Reporters’ statement of the case: The following are the tacts of this case as found by the court: I. Between the 22d day of April, 1861, and… Held: in a long series of opinions, that payments made or expenditures incurred by the States, or by individuals, for. interest upon loans or advances made for the use and benefit of the United States, constitute a just and legal claim against the Federal Government, and can properly be allowed by the accounting officers: having…

The Reporters' statement of tbe case. The following are the facts of tbe case as found, by the court: I. The claimant is a citizen of France, residing at Bordeaux, and engineer in chief of the French Corps de Fonts et Ohaus-sés, and the owner of the invention for an improvement in movable dams, which is appended to and forms a part of these findings. II. Ool.

The Reporter’s statement of tlie ease :■ Tlie following are the facts of this case as found by the court: I. On December 27, 1850, the claimant was enlisted in the general mounted service of the Army; was transferred to the First Cavalry January 18, I860, aud assigned .to Troop I, which subsequently became Troop I of the Fourth Cavalry; joined the troop February 18, 1860; was promoted corporal January 23, 1863; and discharged March. 26,1863.

The Reporters' statement of the case: The following are the facts of this case as found by the court: I. On the 20th of April, 1885, the claimant recovered judgment against the defendants in the Court of Claims for the sum of $44,800.74. On the 29th of April, 1885, the claimant presented to the Secretary of the Treasury a copy of said judgment, certified by the clerk of the Court of Claims and signed by the chief justice.

The Reporters' statement of the case: The following are the facts of this case as found by the court: I. The claimant was the attorney for the United States in the Territory of New Mexico during the calendar years 1880, 1887, and 1888. II. 1.

The Reporters’ statement of the case: The following are the facts of the case as found by the court: I. After the admission of the State of Indiana to the Union the Cumberland or iNational Road was completed from Cumberland to Wheeling; and under the provisions of the Acts of May 15, 1820, and March 3, 1825, there was laid out and located a continuance of the road from the right bank of the Ohio River, opposite Wheeling, through the States of Ohio, Indiana, Illinois, to the…