Volume 29 — Court of Claims Reports

The Reporters’ statement of the case: The facts upon which the motion was based will be found 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. Plaintiff was an officer on the retired list of the Navy from the 24th day of August, 1887, up to and including the 1st day of January, 1890, as appears by the letter of the Secretary of the Navy dated the 20th of July, 1887, as follows: “Navy Department, u Washington, D. O., 20th July, 1887. “Bear-Admiral Samuel B. Franklin, “Commanding ZF. 8.

The Reporters' statement of tbe case. The following are the motions to which this decision relates: And now comes the assistant attorney-general and moves the court to remand the above entitled case to the general docket, in order that the defendants may be enabled to take additional testimony therein. Charles B. Howry, Assistant Attorney-General. And now comes the claimant by Silas Hare, his solicitor, and moves the court as follows: First.

<p>The Reporters’ statement of the ease:</p> <p>The facts relating to this motion will be found in the opinion of the court.</p>

The Reporters statement of the case.’. The following are the facts of this case as found by the court: I. In the year 1885, and before, the claimant was the owner in her own right and in possession of a tract of land containing about 20 a¡cres, situate on Neville Island, in the Ohio Eiver, 9 miles below the city of Pittsburg, in the county of Allegheny and State of Pennsylvania. II.

The Reporters’ statement of tbe case: Tbe substance of tbe petition demurred to is set forth in tbe opinion of tbe court.

<p> On the claimants’ Motions. </p> <p>Tiie claimants, at tbe time of tbe depredations, are partners, in Nebraska, one being a citizen, tbe other an alien. Tbe latter, though not naturalized, subsequently becomes a citizen by virtue of having been a resident and voter in the Territory.</p> <p>I. Citizenship acquired "by being a resident and voter in Nebraska when it was a admitted as a State does not relate back to tbe time when, an Indian depredation was committed. Sucb citizenship was acquired by tbe Act 9th February, 1867 (14 Stat. L., p. 391), and not by tbe enabling Act 19th April, 1864 (13 id., p. 57).</p> <p>II. Tbe Government has a right to press tbe claim of a citizen as a member of a partnership against a foreign power or an Indian tribe, though bis partners be alien; and, accordingly, an action may be maintained by sucb a partner under tbe Indian depredation act, 1891.</p>

The Reporters’ statement of tbe case:' • Tbe material allegations of tbe petition demurred to will be found set forth in tbe opinion of tbe court. , Tbe statute is too plain for argument. It was not only intended to exclude all pension matters from tbe jurisdiction of this court, but tbe act does so in terms too plain to be mistaken. But tbis matter is res judicata, so far as tbis court is concerned. Tbe question was passed upon in Gordon v. United States, 26 C. Ols.

The Reporters’ statement of tbe case : This case came before the court on a retrial; a number of items were presented, but the controversy was confined to one, which will be found set forth in the opinion of the court.

The Reporters' statement of tbe case: The following are the facts of the case as found by the court: I. Parley C. Holt, deceased, testate, of whose will said claimant is the executor, appointed April 22,1880, in Lucas County, State of Ohio, where the deceased had his domicile while living, and where he was a fourth-class postmaster from March 16, 1861, to August 9, 1869. Said executor was apjiointed without bonds, according to the wish of the testator, expressed in his will.

The Reporters’ statement of die case: The following are the facts 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 & Bro., residing and 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, being subjects of the King of Hanover.

The Reporters' statement of the case: The following are the facts as found by the court and ordered to be reported to Congress: I. The ship Tom sailed from Boston on the 15th December, 1799, bound for London. On the 13th January, 1800, while on the high seas, she was captured The reason assigned for the seizure by the captain of the privateer was that he should detain her on suspicion. The prize crew was put on board.

The Reporters statement of tbe case: Tbe grounds presented by tbe motions intbis case are stated in tbe opinion of tbe court. It will be seen tliat it is made tbe duty of tbe court to determine, “if x>ossible,” tbe tribe of Indians by wbom tbe wrong was committed and to render judgment against tbe United States and tbe tribe of Indians committing tbe wrong.

The Reporters’ statement of tbe case: The following are the facts as found by the court: I. The deceased claimant, Alfred Woolverton, was a citizen of the United States. II. On the 13th day of September, 1877, his house and certain personal property were set ñre to, burned, and destroyed by Indians without cause or provocation on his part. The house and property were situated in the Territory of Montana. III.

The Reporters’ statement of the case: The following are the facts of this case as foundby the court: I. The claimant is and was at the time of the loss of his property a citizen of the United States. II. The depredation was committed on the 17th November, 1867, near the town of Fort Collins, in Larimer County, Colo., by the defendant Indians.

The Reporters’ statement of the ease : The following are the facts of the case as found by the court: I. March 12,1877, the Interior Department issued the following circular: “DEPARTMENT OE THE INTERIOR, “General Land Oeeioe, “ Washington, T). 0., March 12,1877. “Register and Receiver, “ U. S. Land Office: “Gentlemen: The following is the text of an act of Congress approved March 3, 1877, and entitled ‘ An act to provide for the sale of desert lands in certain States and…

The Reporters’ statement of tbe ease: Tbe following are tbe facts as found by tbe court: I. Tbe claimant at tbe time of tbe alleged depredation was a citizen of tbe United States. II.

The Reporters' statement of tbe case: Tbe following are tbe facts of tbe case as found by tbe court: I.' On. or about tbe month of May or early in June, 1863, tbe citizens of Pittsburg, Pa., became alarmed for tbe safety of tbe place because tbe Confederate forces were invading Pennsylvania, West Virginia, and southern Obio.

The Reporters’ statement of tbe case: Tbe following are tbe facts as found by tbe court: I. In August, 1872, a ferryboat belonging to tbe claimant broke from ber moorings and floated down tbe Colorado River.

The Reporters’ statement of the case: As the amount in controversy in this case did not give to the claimant the right of appeal, no findings were filed; but the facts will be found in the opinion of the court.

The Reporter s’ statement of tbe case: The facts relating to this motion and upon which it was considered are set forth in the opinion of the court.

The Reporters’ statement of the case: As the claimant possessed no right of appeal in this case, no findings were filed; but the facts will be found stated 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, William Zabriskie, from tbe 23d day of July to… Held: would have been proper, if approved by court. The charge was for 5 folios in each case, at 10 cents a folio... 5.40 7. Biit 1 folio allowed for drawing affidavits for attachment; 3 folios charged.45 8. Per diems in cases of John Spencer and I. H. Tidsmell. 10.00 9. All acknowledgments to recognizances.

The Reporters’ statement of the case: The allegations of tbe petition demurred to are set forth in the opinion of the court.

The Reporters'1 statement of the case: The motion of the defendants will be found in the opinion of the court. The time fixed by the statute under which this suit is brought, within which the defendants can set up any defense, or the court entertain any motion which operates as a defense, has long since expired.

The Reporters’ statement of the case: The following are the facts of this case as found by the court: I. April 16,1884, claimant entered into a contract, the only part of which, material in this case, is set out in his petition. II. In January and February, 1885, said contractor, Charles H. Cotton, at the request of the chief quartermaster of the Department of the Missouri, transported 433,194 pounds of public stores from Caldwell, Kans., to Camp Bussell, Ind.

The Reporter s’ statement of the case: Tbe following are tlie facts of this case as found by the court: I. In March, 1863, a tract of land containing 50 acres, situate on Ladies Island, St. Helena Parish, S. C., adjoining the plantations known as Whitehall and Fairfield, was sold by the U. S. direct-tax commissioners, under the United States direct-tax acts, to satisfy taxes assessed against it, amounting, with penalty and interest, to about $6.

The Reporters' statement of tbe case : Tbe following are tbe facts of tbis case as found by tbe court: I. On tbe 13tb of .March, 1863, a lot in tbe town of Beaufort, designated as lot A, in block 57, on tbe United States direct-tax commissioners’ plat of said town, was sold by said commissioners under tbe United States direct tax acts to satisfy a tax assessed against it amounting, with, a penalty and interest, to $89.20.

The Reporters’ statement of tbe case: Tbe averments of tbe petition demurred to will be found set forth in tbe opinion of tbe court. Mr. Samuel Putnam (with whom was Mr. Assistant Attorney-General Dodge) for tbe demurrer.

<p>The Reporter s’ statement of tbe case:</p> <p>Tbe grounds of tbe moti'on are stated in tbe opinion of tbe court.</p>

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, which was duly organized as such under the laws of the Territory of Dakota in the year 1885. under tbe name of “The Chapter of Calvary Cathedral, Sioux Falls, Dakota.” II.

The Reporters'1 statement of the case: . The following are the facts of this case as found by the court: I. The claimant, Alvin O. Leighton, was, at and long before the date of the depredation hereinafter mentioned and now is, a citizen of the United States, now residing in Attumwa, Wap-ello County, in the State of Iowa. II.

On the Proofs. The Reporter s’ statement of tbe case: This and the preceding case, with many others, were con. sidered and decided at the same time. The opinion here expresses the opinion of the court on the points above decided. It also expresses the views of two members of the court upon the jurisdictional question of amity in cases examined and allowed by the Secretary of the Interior, coming into court under the second jurisdictional clause of the statute.

The Reporters’ statement of the case: The stipulation upon which this ease was submitted is set forth in the opinion of the court. The extent of the application of the phrase in amity in the Indian depredation law o'f March 3,1891, has been a source of difficulty to the court and of contention between counsel for claimants and counsel for the Government.

The Reporters’ statement of tbe case: Tbe following are the facts as found by the court: I. John Murray was tbe owner of lot E, in block 72, in tbe ■town of Beaufort, State of South Carolina, at tbe time tbe same was sold and purchased by tbe United States for direct tax. II. Tbe said lot was appraised for taxation at $1,000, and the taxes assessed thereon and penalty and interest chargeable thereto was as follows: Tax. $16.00 Penalty. 8.00 Interest. 1.49 Total. 25.49 III.

The Reporters’ statement of tbe case: The following are the facts of these cases as found by the court: I. During the years 1872, 1873, 1874, and 1875 Daniel A. Connolly had a large number of written contracts with the District of Columbia for the improvement of the streets of Washington, made and signed, as required by the Act of Feb-mary 21,1871, chapter 62, section 537 (16 Stat. L., 427).

The Reporters’ statement of the case: The allegations of the petition demurred to, and the grounds of the demurrer are stated in the opinion of the court:

The Reporters’ statement of the case: Tbis case was transmitted to the C ourt of Claims by the Secretary of the Treasury on the 4th day of December, 1891, by the following communication: “Treasury Departmeht, “Office of the Secretary, “Washington, D. G., December4,1891. “ The Honorable the Chief Justice and Judges of the 0ourt of Claims: “ Pursuant to the provisions of the second section of the Act of March 3,1883 (22 Stat., 485), I have the honor to transmit herewith the…

The Reporters’ 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 rendering the services hereinafter found and ever since has been and now is, a citizen of the United States, residing in the city of Washington, District of Columbia. II.

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

The Reporters’ statement of tbe case: The averments of the petition demurred to are set forth in the opinion of the court.

The Reporters'1 statement of tbe case: Tbe following are tbe facts of this case as found by tbe court: I. February 20,1891, tbe claimant filed before tbe Secretary of the Interior tbe following declaration and application for payment of her claim, in accordance with the rules of the Department; upon which claim this action is founded: “DECLARATION EOR INDIAN DEPREDATIONS. “State oe Texas, County of Kerr: “Ón this second (2nd) day of February, A. D. one thousand eight hundred…

The Reporters’ statement of the case: The following are the facts of this case as found by the court: I. The claimant was on the 5th clay of February, 1868, and long prior thereto a citizen of the United States. II.

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

The Reporters’ statement of tbe case: The allegations of the petition will be found set forth substantially in the opinion of the court, to which the… Held: not to be an authority to exercise any of the judicial power of the United States under the Constitution, and that the judge acted as a commissioner, and no appeal lay to this court.” This case of Ferreira is cited with approval in the leading case of Murray’s Lessee v. Sobolcen Land a/nd Improvement Oo. (18 How., 280).

The Reporters’ statement of the case: Only one of many grounds of demurrer were considered in this case, the constitutionality of an act approved by the President after an adjournment of Congress. The other grounds were considered and disposed of in the preceding case of La Abra Silver Mining Company. 1. The approval of a bill passed by the two Houses of Congress is a legislative function.

The court below decides: 1. If an order in time of peace be issued by the Secretary of War dismissing an officer, and he submits without appeal to the President, and without objection for an unreasonable length of time, he must be held to have abandoned the office. 2.