Volume 27 — Court of Claims Reports

The Reporters’ statement of tlie case: After the decision of, the case determining the rights of the parties and the amount due to the mass of the claimants, they moved to increase the amount and for additional findings of fact and to modify the form of the proposed decree.

The Reporters1 statement of tbe case: The following are the facts of this case, as found by the court: I. In the spring of 1875 plaintiff caused to be constructed three sample leather mail pouches, containing what he alleged to be his invention, which is described in the specifications upon which letters patent were afterwards issued to him (see finding v) and of which claimant’s Exhibit 3, which is made a part of this finding, is a sample.

The Reporters1 statement of the case: The following are the facts of this case as found by the court: I. Claimant is an officer in the Navy of the United States, to wit, a chief engineer. His naval record is as follows: Third assistant engineer, March 19,1858; second assistant engineer, December 1,1860; first assistant engineer, July 21,1866; chief engineer, March 21,1870. II.

The Reporter’s statement- of tbe case: Tbe following are tbe allegations in extenso óf tbe claimants’ petition to wbicb tbe defendants demurred: Tbe claimants, Henson Jackson and Sarah B. Jackson, bis wife, and.

The Reporters’ statement of the case: The judgment in this case not being appealable, no findings were filed, but the facts will be found set forth in the opinion of the court.

The Reporters’ statement of tbe case: Tbe claim was transmitted to tbe court by tbe Committee on 'War Claims of tbe House of Bepresentatives on tbe 16th day of April, 1888.

The Reporters’ statement of the case: The judgment in tbis case not being appealable, no findings were filed, but the facts will be found set forth in the opinion of the court. In the cases of Ware (7 C. Ols. R., 565) and Sleigh (9 0. 01s. R., 369) the court decided that a clerk absent on account of sickness, who complied with the regulations of the Department respecting physician’s certificate, is entitled to pay during such absence.

The Reporters1 statement of the ease : The following are the facts of this case, as found by the court: I. The plaintiff, John Stewart, is a citizen of the United States, and March 11, 1864, was appointed by the orphans’ court of the city of Baltimore, Md., as administrator de bonis non, eum testamento a/nnexo, of the estate of Henry Messonier, deceased, a resident of that city and a citizen of the United States, and plaintiff qualified as such administrator. II.

The Reporters’ statement of the case: The following are the facts of this ease as found by the court: I. Since the bringing of this suit the claimant has died. His estate is now represented by Charles Aulick, administrator. II. Hampton Aulick was a passed assistant surgeon in the Navy during the period from November 3, 1882, until May 10, 1884. III.

<p>The Reporters'1 statement of tbe case.</p> <p>The facts relating to this proceeding will be found in the opinion of the court.</p>

The Reporters’ statement of tbe ease: Tbe following are tbe facts of tbe ease as found by tbe court: I. Tbe brig Yenus cleared from tbe port of Wells, in Massachusetts (now Maine) on tbe lOtb July, 1796, for Jeremie.

The Reporters’ statement of tbe case. The facts relating to the former adjudication by the Spanish commission will be found set forth in the opinion of the court.

The Reporters’ statement of tbe case: Tbe following are tbe facts of tbis case as found by tbe court: I. Plaintiff was postmaster at Springfield, Ohio, from February 16,1877, to January 16,1885. II. During this period be received salary as follows: From February 16,1877, to August 31,1879, at tbe rate of $2,600 per annum; from September 1,1879, to September 30,1883, at the rate of $3,000 per annum; from October 1,1883, to January 16, 1885, at tbe rate of $3,100 per annum.

Tbe Reporters’ statement of tbe case: Tbe following are tbe facts of this case as found by tbe court: I. Tbe claimant is an officer in tbe Navy, to wit, a lieutenant-commander. He was serving as sucb on tbe 22d day of May, 1890, when be was ordered to proceed by steamer from San Francisco to New York, via tbe Isthmus of Panama, in charge of a detatchment of men. II.

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

The Reporters’ statement of tbe case: Tbe following are tbe facts of tbis case as found by tbe court: I. March 22,1882, Noble L. McGinnis, plaintiff herein, contracted with defendants to carry tbe United States mail between New Orleans and Port Bads, La., on route 30100,116 miles each way.

The Reporters’ statement of tbe case: Tbe motions of tbe claimants and tbe witnesses and tbe facts nponwbicb they were based appear in tbe opinion of tbe court.

The Reporters’ statement of tbe case: The following are the facts of this case as found by the court. I. On the 25th of October, 1880, the claimant and defendants entered into a certain agreement, which is correctly set forth in Exhibit A, annexed to claimant’s petition.

The Reporters’ statement of the case: The following are the facts as found by the court: I. William P. Harris, now deceased, had a claim of $269 for services as blacksmith and for subsistence allowance on Kla-math Beservation, from October 1 to December 31,1871, for which he received a voucher from “ the commissary in charge.” This voucher was transferred and assigned to one Thomas Wingfield, in part payment for some interest in lands sold by him to said Harris. n. Said…

The Reporters’ statement of tliecase: The following are the facts of this case, as found by the court: I. In June of 1881, Capt. G. K. Sanderson, of the Eleventh United States Infantry, who was commander of the post at Fort Custer, made an agreement with Donald Stevenson to furnish hay at said fort in the summer and autumn of 1881. Stevenson failed to enter upon the performance of his agreement, and the defendants were compelled to make other arrangements.

The Reporters’ statement of the ease: This ease was referred, to the court by the Secretary of the Treasury by communication in th¿ words following: “Washington, January 23,1891. “I have the honor to inclosehere with a claim, with attendant papers, made by Charles A. Hitchcock and George Van Zandt, the latter for the use of the Prairie State National Bank of Chicago against the United States. “The demand is for the payment of the last installment due Sundberg & Co. for the…

The Reporters’ statement of tbe case: The following are the facts of this case as found by the court: I. The brig Caroline Wilmans sailed from Baltimore, Md., on the 6th of July, 1800, for Antigua. On the 29th July, 1800, she was captured on the high seas by the French privateer Les Trois Amis.

The Reporters'’ statement of the case: The following are the facts of this case as found by the court. I. The sloop Martha, of Fredericksburg, Ya., of'the burden of about 83 tons, sailed from Fredericksburg on the 15th day of February, 1795, bound for Fort Dauphin, in Hispaniola, and a market, under charter party to Edward Dunant. Being off Port á Paix, on the 23d of March, the master went in his boat with intention to inquire the state of the market and of the trade there.

The Reporters1 statement of tbe cáse: Tbe following are tbe facts of tbe case so far as they relate to tbe point of practice involved: I. Tbe brig Clio, Richard M. Ball, master, a duly registered vessel of tbe United States, of 123.82 tons burden, was owned by the firm of David Stewart & Sons, of Baltimore, Md., which firm was composed of David Stewart, David C. Stewart, and John Stewart, citizens of the United States.

The Reporters’ statement of tbe case: Tbe following are tbe facts of tbe case as found by tbe court. I. Upon tbe 16tb of March, 1885, petitioner was duly appointed and qualified by tbe probate court of tbe city and county of Philadelphia as tbe administrator de bonis non of tbe estate of John Field tbe older, late of said city.

The Reporters’ statement of the case. The following are the facts of the case as found by the court: I. The claimants were letter-carriers at the post-office at Salt Lake City, in the Territory of Utah, between May 24,1888, and December 31,1889, their respective terms of service, classes, and salaries being as hereinbelow set forth, viz: II.

The Reporters1 statement of tbe ease: Tbe decision in tbis ease rests upon tbe petition of tbe claimant, wbicb will be found in tbe opinion of tbe court.

The Reporters’ statement of tbe case: Tbe following are tbe facts of tbe case as fonnd by tbe court: I. On March 10,1863, said J. Julius Sams and Horace H. Sams, now deceased, were owners as tenants in common in fee simple of two tracts of land in tbe parish of St. Helena, S. 0., known as u Sam’s pine land,” containing about 200 acres, and u Datha Inlet land,” containing about 650 acres, both of which were sold for taxes and bid in by defendants under tbe direct-tax laws (12…

The Reporters’ statement of tbe case: Tbe following are tbe facts of tbe case as found by tbe court: I. Tbe schooner Dolphin sailed on tbe 2d March, 1797, from Savannah for St. Bartholomew. On tbe 15th March she was captured by a French privateer.

The Reporters1 statement of the case: Tbe motion of the Attorney-General will be found set forth in the opinion of the court.

The Reporters’ statement of tbe case. Tbe following are tbe facts of tbe case as found by tbe court: I. Tbe claimant, Philip A. Hoyne, was a commissioner of tbe Circuit Court of tbe United States for tbe northern district of Illinois from October 1,1888, to December 31,1890, duly qualified and acting. II.

The Reporter7s statement of the case: The findings of fact in this case were of great length, including advertisements, tables, etc. The following are those to which the decision of the court relates: I. September 15,1884, the Postmaster-General of the United States caused to be published the following advertisement: “PROPOSALS FOR MAIL-MESSENGER, TRANSFER, AND MAIL-STATION SERVICE. “Post-Office Department, “ Washington, September 15,1884. “Proposals will be received at the…

<p> On the clmmcmt’s Motion. </p> <p>The claimant moves for judgment on the ground that the claim was approved and allowed by the Secretary of the Interior, and that neither party has elected to reopen the case. The defendants have given no indication of their election.</p> <p>I. The Indian Depredation Act 1891 (26 Stat. L., p. 851), provides that judgments shall he rendered on claims heretofore allowed by the Secretary of the Interior under prior statutes, unless either the claimant or the United States shall elect to reopen the case; and that “all questions of limitations, as to time and manner of presenting claims, are hereby ivaived.” If a claim, examined by the Secretary prior to the statutes referred to, was reexamined subsequently and allowed, it comes within the requirements of the Indian Depredation Act.</p> <p>II. Where the Secretary approved a claim upon the merits, hut disallowed it on the ground that it had not been presented within the time prescribed by law, his disallowance is one of the “ limitations as to time and manner of presenting claims” expressly waived by the act.</p> <p>III. Where the defendants have not signified their election whether they will reopen a case, a motion for judgment hy the claimant is premature. .</p>

The Reporters’ statement of the case: The various papers and documents upon which this motion was founded will be found in the opinion of the court.

The Reporters’ statement of the case: The motion of the claimant and the facts relating to it will be found stated in the opinion of the court.

The Reporters' statement of the ease: Tbe motion and tbe facts relating thereto will be found in tbe opinion of tbe court.

The Reporters7 statement of the case: The case was considered on an offer of evidence which is quoted in the opinion of the court: It is plain that neither the acts of 1866 nor 1883 in any way change or modify the act of July 1,1864, inasmuch as neither of these acts has anything to do either with the basis of establishment of post-office salaries or with the terms for which such salaries thus established were to continue.

The Reporters1 statement of tbe case: The following are the facts of this case as found by the court: I. The claimant enlisted, at the age of 13 years 1 month and 3 days, in the Marine Corps of the United States, at Washington, D. 0., on August 29,1878, for a term of seven years ten months and twenty-seven days, and was then “ bound to learn music” in said corps. April 17,1880, he was rated as a drummer.

The Reporters’ statement of the case: The questions discussed came up on the preliminary investigation of the claimants’ loyalty before either case was tried upon its merits. The objections taken by the counsel for the defendants will be found stated in the opinion of the court.

The Reporter’s statement of tbe case: As no appeal would .lie írom tbe judgment in this ease, no findings of fact were filed) tbe facts, however, will be found in tbe opinion of tbe court.

■ The Reporters’ statement of the ease: There being no right of appeal from the judgment in this case, no findings were filed. The facts will be found stated in the opinion of the court. The court cannot sustain the action of the superior officer in depriving this claimant of a right given him by the plain words of this statute by any construction of its intent or purposes not expressed by the law itself, nor by importing into it words not found therein.

The Reporters'1 statement of tbe case: Tbe following are tbe facts of tbis case as fonnd by tbe court: I. A musket made by George W. Morse, under Letters Patent No. 16995, was presented by bim to tbe War and Navy Departments of tbe United States during tbe year 1867.

The Reporters’ statement of the case: The facts of this case, so far as they are essential to an understanding of the decision, will be found in the opinion. After it was delivered further argument was ordered as to the amount to which the claimants were entitled under the decision.-

The Reporters’ statement of tbe case: There being no right of appeal from tbe decision of this case, no findings were filed. Tbe facts will be found stated in tbe opinion of tbe court. Held: were concerned only about the tax (Paynter’s Case, 21 C. Cls. B., 221.) A surrender of the surplus proceeds in cases of valid saleb to the owners of the land sold being expressly provided for by section 36, act of August 5,1861. Taylor’s and other cases the court is familiar with.

The Reporters1 statement of tbe case: These two cases,though not consolidated, were heard together at the same time, the principal contest being between the adverse claimants. No opinion was given in the case of Wood, but the opinion in the other case disposes of both, and judgment against Wood was accordingly rendered.

The Reporters'’ statement of tbe cases: Tbe following are tbe facts of these cases as found by tbe court: I. In an article supplementary to treaty of 27tb September, 1833, it is provided that a part of tbe band residing on tbe reservation in tbe Territory of Michigan, on account of their religious creed, might remove to tbe northern part of the peninsula of Michigan, and, in case of such removal, tbe just proportion of all annuities payable to them under former treaties and…

The Reporters’ statement of tbe case: The following are the facts of this case as found by the court: I. The Secretary of the Navy, on the 4th of July, 1861, in his message to Congress, recommended the appointment of a proper and competent board to inquire into the subject of floating batteries or iron-clad steamers and make a report. Under the act of August 3,1861, a board was appointed. An advertisement was published August 7,1861, inviting the submission of designs.

The Reporters'1 statement of the case: This case was submitted on the preliminary question of loyalty upon the facts appearing on the record. They appear in the opinion of the court.

The Reporters' statement of tbe case: Tbe following are tbe facts of tbis case so far as tbey are involved in tbe decision. I. Tbe claimant is a corporation created and organized under tbe laws of tbe State of Wisconsin, having its principal office in tbe city of Milwaukee, and owns and operates lines of railroad in that State.

The Reporters statement of tbe case: Tbe following are tbe facts of tbis case as found by tbe court: I. On August 27,1890, under tbe provisions of tbe Act Mmeh 1,1889, chapter 319,1 Supp. Rev. Stat., 2d ed., pp. 658, 659), tbe claimant was appointed by the Superintendent of the Census to be a special agent to collect statistics of manufactures in the city of Natchez, Miss.

The Reporters' statement of tbe case: The motions of the defendants are set forth in the opinion of the court. (1) Many claimants, notwithstanding diligent attention on the part of their attorneys, upon the passage of the act of March 3,1891, revoked existing authority without due cause and appointed new attorneys.

The Reporters'1 statement of the case: The following are the facts of this case as fonnd by the court: I. Plaintiff enlisted as a private in the United States Marine Corps at Marine Barracks, Washington, D. C., the 18th of January, 1881; he was rated third-class musician the 23d day of January, 1883, and was honorably discharged the 18th day of January, 1886. II.

The Reporters’ statement of the case: The facts relating to this application are set forth in the opinion of the court. It was made during the vacation and the decision was at Chambers.

The Reporters’ statement of tbe case: The following are the facts of this case as found by the court. I. The claimant entered the Naval Academy as a cadet en- . gineer, and completed his four years’ ocurse June 10,1881. II.

The Reporters’ statement of tbe case: The following are the facts of this case as found by the court: I. The claimant was, in 1862, and is now, a body corporate, owning a line of railroad running from Harpers Ferry, in the State of West Virginia, to Winchester, in the State of Virginia, and had owned the same for many years prior to 1862. The road was 32 miles in length, of which 22 were in the State of West Virginia and 10 in the State of Virginia.

The Reporters’ statement of tbe case: Tbe following are tbe facts as fonnd by tbe Court: I. T. Carlos Jewett was a United States commissioner for tbe district of Alaska, residing at Sitka, from April 24,1889, to October 3,1890.

The 'Reporters’ statement of the case: No findings were filed by the court in this case, which was not appealable, but the facts will be found set forth in the opinion of the court.

The Reporters’ statement of tbe case: Tbe motion of tbe defendant and tbe facts and evidence apon wbicb it rested are stated in tbe opinion of tbe court. It has long since been determined that succession to tbe personal estate of a deceased person is governed by tbe law of his domicile at tbe time of bis death, and tbe proper place for tbe principal administration of bis estate is that domicile.

The Reporters1 statement of the case: No findings of fact were filed by the court in this case, it going off on a motion of the defendant to dismiss upon grounds which are discussed in the opinion of the court. The residence and estate of Quinn were both in the District of Columbia.

The Reporters’ statement of the case: The following are the facts of this case as found by the court: I. On the 15th day of August, 1879, J. N. Macomb, colonel of engineers, U. S. Army, advertised for sealed proposals for continuing the improvement of the channel of the Delaware Biver, at Mifflin Bar, by dredging; which advertisement is annexed to and forms part of the petition. II.

The Reporters’ statement of the case: The following are the facts of this case as found by the court: I. The claimant was a United States attorney in the State of California from February 1, 1883, to November 30,1886. II. (1) More than six years before filing the preliminary petition seventeen indictments for crimes' were tried by him before juries and convictions had.