Volume 28 — Court of Claims Reports

The Reporters’ statement of tlie case: The judgment iu this case was not entered until February 28,1893. The following are the facts as found by the court: I. From October 9,1875, to the 20th of September, 1885, both dates inclusive, plaintiff regularly carried the United States mails from San Francisco, Cal., to the Australian colonies and the Fiji Islands and (until December 31,1881) to the Sandwich Islands.

The Reporters'1 statement of the case: This case not being appealable, no findings were filed by the court, but the facts are stated in its opinion.

The Reporters’ statement of the ease: This ease not being appealable no findings were filed, but the facts will be found stated iu the opinion of the court. . First. Held: and that, therefore, he was entitled to increased compensation at the expiration of each five years’ service (sec. 1566, E. S.), although he was on the retired list.

The Reporters’ statement of the case: The following are the facts of the case, as .passed by the court: I. Claimant entered the Navy as a cadet engineer on the 1st day of October, 1878, and after… Held: upon the authority of six Attorneys-General; and of the Supreme Court in United States v. Converse (21 How., 463), that this could not be done.

The Reporters’ statement of tbe case: Tbe following are tbe facts of tbe case as found by tbe court: I. That tbe claimant herein, George… Held: used, and enjoyed by him, the said Gideon L. Walker, or Ms assigns, to tbe full end of tbe term for wbicb each of said letters patent are granted, as fully and entirely as tbe same would have been beld and enjoyed by me if tbis assignment and sale bad not been made. “And I do hereby also sell, assign, and transfer unto him, tbe said…

The Reporters’ statement-of the case: The substance of the petition to which the defendants demurred will be found in the opinion of the court. We had occasion in a recent case (McGinnis, for the use of Gunley and Belt, No. 15419) to discuss incidentally the rights of a subcontractor under the subletting provided for by statute.

The Reporters’ statement of tbe case: It being held that the court was without jurisdiction, no finding of facts was filed in this case, but the details will be found 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: 1. The claimant, Bushrod W. Bell, was a commissioner of the Circuit Court of the United States for the middle district of Alabama from July 9,' 1885, to February 28, 1888, duly qualified and acting. II.

The Reporters'’ statement of tbe case: The specific facts relating to the different motions are set forth 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 claimant, the Southern… Held: and possessed by it, with the right to possess, maintain, use, and operate the said property, and to receive the rents, issues, and profits thereof. “V. That the said Texas and New Orleans Railroad Company of 1874, hereby leases to the said Southern Pacific Company, for the term of ninety-nine years from the date thereof, all of its…

The Reporters’ statement of tbe case: Tbe following are tbe facts of tbis case as found by tbe court, and the Exhibit H referred to in its opinion: I. Don Juan Filbiol was commandant of tbe post of Oua-chita, Louisiana, under tbe Spanish Crown, between 1783 and 1790. Don Estevan Miro was governor-general of the province of Louisiana, under the Spanish Crown, between 1780 and 1794. II.

The Reporters’ statement of tbe case: The facts upon which this motion was based are set forth in the opinion of the court.

The Reporter’s statement of tbe case. This case not being appealable no findings were filed, but the facts will be found in the opinion of the court.

The Reporters’ statement of tbe case: The following are the act referring the case to this court and the facts as found: “ Be it enacted, etc., That the claim of William J. Martin, of Oregon, heretofore presented to the War Department, being a balance of seven thousand five hundred and twenty dollars alleged to be due and owing to him under his contract for beef cattle, made with Lieutenant G-.

The Reporters’ statement of the case: The facts upon which this motion rests will be found 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: I. The claimants are and were citizens of the United States on the first day of January, 1878. II. In the month of June, 1878, the said claimants were possessed of a ranch in the Grant Canon, Malheur County, State of Oregon, on which ranch they had cattle and horses.

The Reporters’ statement of tie case: The following are tlie facts of this case as found by the court: I. On the 21st day of February, 1881, the said David G. Swain was appointed and commissioned by the President of the United States Judge-Advocate-General, with the rank of brigadier-general, in the service of the United States, to rank as such from the 18th day of February, 1881. II.

<p> On the Proofs. </p> <p>This is a continuation of .the previous trial (27 C. Cls. K., 647), and relates to tbe fees and emoluments which, are to be taken into account . when reckoning tbe $6,000 maximum of a district attorney’s compensation.</p> <p>I. Assimilated fees are emoluments of office, and are to be taken into tbe account wben reckoning tbe $6,000 maximum compensation prescribed by tbe Eevised Statutes, § 835.</p> <p>II. Tbe requirement of tbe Eevised Statutes $ 833, tbat every district attorney shall make a return “of all the fees and emoluments of Ms office, of every name and character,” is not modified or limited by section 834.</p>

The Reporters statement of tbe ease: The following are tbe facts of the case as found by the court. I. In 1856, the claimant, James S. Valk and Moritz Valk (since deceased), were copartners, under the firm name of Moritz Valk & Brother, in the business of mining for gold and silver at Gold Beach, in Oregon, at the time the depredations hereinafter mentioned were committed. II. Said Valks were both aliens at that time.

The Reporters’ statement of the case: The following are the facts of this case as found by the court: I. March 13,1863, a lot of land in the town of Beaufort, St. Helena Parish, State of South Carolina, designated as lot B, in block 61, on the map of the United States direct-tax commissioners for the State of South Carolina, was sold by the said commissioners under the United States direct-tax acts, to satisfy a tax assessed against it of $24, together with a penalty,…

The Reporters statement of tbe case: The following are the facts of the ease as found by the court: I. The claimants, directly or as representing the estates of deceased persons, as set out in the petitions, are the owners of the Congressional Globe building, on Pennsylvania avenue, in Washington, D. 0., and have been such owners since September 1,1878. II. After the passage of the act of 1878, June 20, Oh. 359. (20 Stat.

The Reporter’s statement of tbe case: Tbe following are tbe facts of this casé is found by tbe court: I. Lemuel Fugitt enlisted in tbe Marine Corps at Washington, D. 0., August 25, 1862, as an apprentice boy, to serve seven years ten months and twenty days; be was rated drummer, September 17, 1863, and was honorably discharged July 21,1870. He reenlisted as drummer, July 27, 1870, and was honorably discharged July 28,1874.

The Reporters’ statement of tbe ease: The following are the facts of this case as found by the court: I. October 1,1881, plaintiff was a master in the Navy; a vacancy then occurred in the grade of lieutenant, and by reason of seniority plaintiff became entitled to examination for promotion to this vacancy. He was, however, then absent from the country, being attached to a vessel on the Asiatic station.

The Reporters’ statement of the case: - The following are the facts of this case as found by the court: I. James B. Yerdier was duly qualified postmaster at Beaufort, S. O., from July 1,1866, to the 30th day of April, 1869.' II. Upon his retirement from office he appeared as indebted to the United States, on the face of his postal accounts, in the sum of $929.20.

<p>The Reporters’ statement of the case:</p> <p>The motion papers are set forth in the opinion of the court.</p>

The Reporters’ statement of tbe case: As this was in legal effect a suit in equity and was heard upon an agreed statement no findings of fact were filed. The statutes by which jurisdiction was conferred on this court and the agreed statement referred to are the following: Jurisdictional act. “An act to refer to the Court of Claims certain claims of the Shawnee and Delaware Indians, and the freedmen of the Cherokee Nation, and for other purposes.

The Reporters statement of the ease : The following are tbe facts of tliis case as found by the court: I. The claimant intestate served continuously as a commissioned officer in the U. S. Army from August 1, 1885, to ' November 30, 1888. Prior to August 1, 1885, he completed twenty years’ time of service in the U. S. Army.

The Reporters’ statement of the ease: The administrator of John A.Dubernat, one of the owners of the cargo, did not appear and file his petition. The administrator of the widow, Louise E. 0. Durkee, did do so within the jurisdictional period of the statute. The former now seeks to be substituted as claimant with the consent of the latter. Other cases under this vessel were previously disposed of by the court and reported to Congress. The following are the facts now filed.

The Reporters’ statement of the case: The following were the facts of this case as found by the court: I. On the 5th day of September, 1879, the United States, by its agent, J. N. Macomb, colonel of engineers, U. S. Army, advertised for proposals for dredging from the channel of the Delaware River, near the tipper end of Pettys Island, 200,000 cubic yards, more or less, of sand, mud, and gravel, which advertisement, with the specifications annexed, are attached as Exhibits A…

The Reporters’ statement of tbe case: • Tbe following are tbe firsts of tbis case, as found by tbe court: I. Tbe plaintiff, Edward P. Herendeen, then a citizen and resident of San Francisco, Oal., was on May 15,1881, employed as a civilian by tbe defendants, tbrongb tbe agency of Brig. Uen.

The Reporters’ statement of tbe case : Tbe following are tbe facts of tbe case as found by tbe court: I. Charles Wrigbt Durant and Charles Wright Durant, jr., tbe original petitioners and claimants… Held: in Portland Company’s Case (5 O. Cls. R., 412), that tbe Court of Claims has no jurisdiction to recover a drawback under tbe internal-revenue laws.

The Reporter’s statement of the case: The following are the facts of the case asfonnd by the court: I. On the 21st of June, 1878, the following contract was executed under authority of the appropriation made by the Indian appropriation act for the year ending Juné 30,1879, approved May 27,1878 (20 Stat.

The Reporters’ statement of tbe case: The following are the facts of the case as found by the court: I. The Texas and Pacific Eailway Company, a duly organized corporation, operated a line of railroad from Shreveport, La., by Sierra Blanca, Tex., to El Paso, Tex., in all extending over 835 miles, which constituted one of the mail routes of the United States before July 1,1890, numbered 31009, and after-wards numbered 150009. II.

The Reporters’ statement of tbe case: Tbe following are tbe facts of tbe case as found by tbe court: I. November 21, 1887, tbe following communication was addressed by tbe Secretary of War to tbe plaintiff and received by bim in due course: “WAR DEPARTMENT, “ Washington City, November 21,1887. “ Sir : Tor are hereby informed that tbe President of the United States has appointed yon post chaplain in the service of the United States, to rank as such from the twenty-first day…

The Reporters’ statement of tbe case: Tbe following are tbe facts of tbis case as found by tbe court: I. March 15, 1878, O. J. Salisbury entered into a written contract for carrying tbe mails on route No. 36128, of which, so far as it bears upon tbis case, tbe following is a copy: “This article of contract, made tbe 15th day of March, eighteen hundred and seventy-eight, between the United States of America (acting in this behalf by the Postmaster-General) and O. J.…

The Reporters’ statement of tbe case: The following are the facts of the case as found by the court: I. The claimant, Thomas McNamara, is a private of Troop B of the Third Regiment of Cavalry in the regular Army of the United States. His service from original enlistment has been as follows: November 17,1868, he enlisted in Troop K, Second United States Cavalry, at New York, N. Y., as a private, and was assigned to Troop K, Second Cavalry.

The Reporters’ statement of the case: The claimant’s motion was for judgment, on the ground that the Secretary of the Interior had examined, approved, and allowed the claim under the act 3d March, 1885. The grounds of the motion appear 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 is a corporation organized under the laws of California. II. It owned and operated, during the period covered by the petition, 383.67 miles of road which formerly belonged to the following companies, also organized under the statutes of California, all of which, have been, consolidated into the present corporation under the laws of said State: ' MÜ68. 1.

The Reporters’ statement of the case: The following are tbe facts of tbis case as found by tbe court:, I. Plaintiff is, was in May, 1887, and has since been a captain in the U. S. Navy. II.

The Reporters’ statement of tbe case: The following are the facts of this case as found by the court. .

The Reporters’ statement of the case: The following are the facts of this case as found by the court: I. April 15,1878, the President granted to the claimant, then a private in Company E, Seventh Eegiment of Infantry, U. S. Army, on the recommendation of the commanding officer of said regiment, a certificate of merit, in pursuance of section 1216 of the Revised Statutes, for the following service: “For gallantry July 8, 1876, in voluntarily carrying dispatches from Gen.…

The Reporters' statement of the case: The claim was transmitted to the court by the Committee on War Claims of the House of Representatives on the 23d day of February, 18S9.

The Reporters' statement of tbe case: Tbe following are tbe facts of tbe case as found by tbe court: I. On tbe 15th day of July, 1892, tbe claimant was, by and with tbe advice and consent of tbe Senate; appointed Judge-Advocate-General of tbe Navy for tbe term of four years from tbe 5tb day of June, 1892, and took tbe oatb of office July 19,1892. He bas been paid by tbe Treasury Department from July 19,1892, to September 30,1892, at tbe rate of $3,500 per annum.

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

The Reporters’ statement of tbe case. Tbe following are tbe facts as found by tbe court: I. Tbe claimant was one of tbe three citizens appointed by tbe President, wbo, with others, were created a Commission under tbe act of September 27,1890, cb. 1001 (26 Stat. L., 492). Tbe commissioners organized October 2,1890, and immediately entered upon tbe discharge of their duties, and have so continued to tbe present time. II.

The Reporters’ statement of the case: The following are the facts of the case as found by the court: I. Pursuant to the act of September 27,1890 (26 Stat.

<p>The Reporters’ statement of tbe case:</p> <p>Tbe essential facts will be found in tbe opinion of tbe court:</p>

The B&porters’ statement of the case: The following are the facts of the case as found by the court: I. Plaintiffs were in March, 1889, a firm, doing business under the name of Williams & Co. March 30,1889, O. P. Miller, captain and assistant quartermaster, United States Army, advertised for proposals for the erection of buildings at Fort Sheridan, Ill.

The Reporters’ statement of tbe case: The grounds of the motion and history of the case fully appear 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. Tbe claimant served as a commissioned officer in tbe IT. S. Army, to wit, as chaplain from August 17,3864, to June 8,1880, on tbe active list, and from then to July 22,1882, on tbe retired list. II. Claimant served as chaplain under section 18 of tbe act of July 5, 1838, not then being a commissioned officer, from September 29,1849, -to July 12,1861. III.