Volume 35 — Court of Claims Reports

On the Proofs. The Reporters’ statement of the case: The facts appear sufficiently in the opinion of the court. Where one party expressly renounces his contract, it only remains for the other to show that he was ready and willing to perform. (Worrier’s Case, 4 C. Cls.

On the claimants' Motion. The Reporters' statement of the case: The facts in regard to the motion appear sufficiently in the opinion of the court.

On the Proofs. The Reporters' statement of the case: Tbe following are tbe facts of tbe case as found by tbe court. I. Tbe depredations were committed, if at all, by tbe said Indians, to wit, on tbe 22d day of September, 1866, and about tbe 1st day of September, 1867, in Mohave County, Arizona, in wbat was then known as tbe Sacramento district, in and about tbe camp of tbe claimant.

On the Proofs. The Reporters’ statement of the case: The facts of the case appear sufficiently in tbe opinion of the court.

On the claimant's Motion. The Reporters' statement of. the case: The facts in regard to the motion appear sufficiently in the opinion of the court.

On the claimants Motions. The Beyoorters1 statement of the case: The facts in respect to the motion appear sufficiently in the opinion of the court.

In Hquity. The Reporters' statement of tbe case: The facts of the case appear sufficiently in the opinion of the court. . .

On the Proofs. The Reporters' statement of the case: The following are the facts of the case as found by the court: I. The claimant was, on the 25th day of April, 1893, appointed by the United States court for the Indian Territory United States commissioner within said Territory, under the provisions of section 39 of an act of Congress approved May 2, 1890, chapter 182 (1st Suppl.

On the Proofs. The Reporters' statement of the case: The following are the facts of the case as found by the court: I. That the petitioner, Henry Hartman, is a citizen of the United States, residing at Germantown, N. Y., and is the owner of the claim herein. II.. That on the 23d day of December, 1879, letters patent of the United States, No. 222899, for improvement in carbine holders were duly issued to him, and the said letters patent are now owned and held by him. III.

On the Proofs. The Reporters' statement of the case: The following are the facts of the case as found by the court: I. The claimant is a corporation, organized under the laws of the State of Wisconsin. II. Between the 1st day of February, 1893, and the 26th day of October, 1894, the claimant exported from the port of Milwaukee, Wis., bottled beer.

On the defendants' Motion. The Reporters' statement of the case: The grounds for the motion sufficiently appear in the opinion of the court.

On the Proofs. The following are the facts of the case as found by the court: I. The claimant’s decedent was on August 7,1896, appointed a commissioner to examine and classify lands within the land-grant and indemnity-land-grant limits of the Northern Pacific Railroad Company in the Helena land district in Montana with special reference to their mineral or nonmineral charac-. ter, under the provisions of the act of Congress approved February 26, 1895. II.

On the defendants’ Motion. The Reporters' statement of the case: The facts in regard to the motion appear sufficiently in the opinion of the court.

On the defendcmts Plea. The P&porterS statement of the case: The facts in regard to the motion appear sufficiently in the opinion of the court.

On the defenda/nti Demurrer. The Reporters’ statement of the case: The grounds of the demurrer appear sufficiently in the opinion of the court.

On the Proofs. The Reporters'1 statement of the case: The following are the facts of the case as found by the court: I. Plaintiff was register of the United States land office at Rapid City, South Dakota, from December, 1890, to November 4, 1893. II. During this period he rented rooms for the use of the land office, and paid during this period $296.30. III. During the winters of 1892 and 1893 plaintiff paid §65 for fuel used in said office. IY.

On the Proofs. The Reporters’ statement of tbe case: Tbe following are tbe facts of tbe case as found by tbe court: I. On tbe 1st day of May, 1898, an engagement took place between tbe following… Held: without contest on the part of the executive, that the entire opposing force was to be counted in determining the superiority or inferiority of the enemy and the consequent magnitude of the reward.

On the Proofs. The Reporters’ statement of the case: The following are the facts of the case as found by the court: I. The claimants are citizens of the United States and of the State of Ohio.

On the Proofs. Tlie Reporters1 statement of the case: The following are the facts of the case as found by the court: I. The claimant enlisted on April 26,1898, for the period of three years, as a firSt-class fireman in' the United- States Navy, and was assigned to duty on the U. S. S. St. Paul, his -pay being at the rate of $35 per month.

On the Proofs. The Reporters’ statement of the case: The following are the,, facts of the case as found by the court: The claimant, Alonzo J. Yan Duzee, was clerk of the Circuit Court of the United States for the northern district of Iowa from August, 1882, to December 31, 1897, duly qualified and acting.

On the Proofs. The Reporters’ statement of the case: The following are the facts of the case as found by the court: At the time of the depredations, hereinafter stated, claimant was a citizen of the United States, residing in the county of Young-, State of Texas. He now resides in El Paso Count}1-, State of Colorado.

On the clwima/nts1 Motion. ■ The Reporters' statement of the case: The grounds for the motion appear sufficiently in the opinion of the court. In Simpson v. Neio York Rubber Co., 80 Hun., 415, the Supreme Court of New York held that the statute for the protection of laborers by requiring cogs, gearing, etc., to be properly guarded, was one of which the laborer could not waive the benefit. The court said (p. 417): “But is there no question of public policy involved here?

The Reporters’ statement of tbe case: The following are the facts of the case as found by the court: I. The claimant, a citizen of the United States, residing at New Orleans, La., was, on the 17th day of April, 1891, duly appointed, pursuant to Revised Statutes, section 4415, to the office of local inspector of hulls of steam vessels for the dis-triot of New Orleans, La., and on April 21,1891, be accepted said appointment and duly qualified by taking the prescribed oath of…

On the Proofs. The Reporters’ statement of the case: The following are the facts of the case as found by the court: I. James A. Mundy, Joseph Busch, and William B. Johns, the 23d day April, 1891,… Held: 50 Ills., 491, the court held that liquidated damages are damages agreed upon by the parties as and for a'compensation for and in lieu of the actual damages arising from such breach.

On the Proofs. The Reporters! statement of the case: The following are the facts of the case as found by the court: I. The claimant, Anna F. Whiting, was at the date of the bringing of this suit, and now is, the administratrix of the estate of Henry L. Whiting, deceased. II. On June 10, 1890, Henry L. Whiting, the claimant’s intestate, was appointed by the President a member of the Mississipi River Commission. III.

On the Proofs. The Reporters' statement of the case: The following are the facts of the case as found by the court. I. In 1890 Pedro de Napoles was a registered distiller in the-fourth collection district of California.

On the Proofs. The Reporters' statement of the case: The following are the facts of the case as found by the court: I. Rodman M. Price lived in the State of New Jersey and died there June 8, 1894. (Agreed facts based on the statement of facts in opinion of Harlan, J., in Price v. Forrest, 173 ü. S., 410, p. 1.) II.

On the Proofs. The Bejiorters1 statement of the case: The following are the facts of the case as found by the court: I. The claimant herein is… Held: with reference to such rules and regulations: ‘ ‘ Those words describe rules relating to the subj ect on which a department acts, and are made by its head under an act of Congress conferring that power, and thereby giving to such regulations the force of law.” And where the Court of Claims itself had established £..• rule of…

On the Proofs. The Reporters’ statement of the case: The following are the facts of the case as found by the court: I. On the 10th day of August, in the year 1881, proceedings before a United States commissioner for the District of Columbia were begun upon the sworn information of the Chief Signal Officer of the United States Army against.

On the Proofs. The Reporters' statement of the case: The following are the facts of the case as found by the court: I. Plaintiff was postmaster at Gadsden, Ala., during the period involved in this action. II.

On the Proofs. The Reporters' statement of the case: The following are the facts of the case-as found by the court: I. The ship Star, John Burchmore, master, sailed on a commercial voyage from Salem, Mass., on the 23d day of September, 1799, bound for Trinidad and the Spanish main.

(hi the claimants Motion. The Reporters’ statement of tbe case: Tbe facts regarding tbe motion appear sufficiently in tbe opinion of tbe court.

On the Proofs. The Reporters' statement of tbe case. Tbe following are tbe facts of tbe case as found by tbe court: I. At tbe time of tbe depredation, hereinafter stated, claimant was a citizen of tbe United States, residing in tbe Cberokee Strip, and not witbin tbe State of Kansas. II.

On the claimant’s Motion. The Reporters’ statement of the case: The facts regarding the motion appear sufficiently in the opinion of the court.

On the Proofs. The Report&ri statement of the case: The following are the facts of the case as found by the court: I. At the time of the depredation hereinafter stated claimant was a citizen of the United States, residing in the State of Texas, where he now resides. II.

On the defendants' Motion. The Reporters’ statement of the case: The facts in regard to the motion appear sufficiently in the opinion of the court.

On the Proofs. The Reporters’ statement of the case: The following are the facts of the case as found by the court. I. The ship Apollo, John Walker, master, sailed on a commercial voyage from Norfolk, Ya., on or about the 18th day of August, 1798, bound for Falmouth.

On the Proofs. The Reporters1 statement of tbe case: Tbe following are tbe facts of tbe case as found by tbe court: I. Tbe claimant filed on November 18,1889, desert-land declaratory statement No. 2085, under tbe provisions of tbe act of March 3, 1877, for entry of section 5, township 21 north, range 3 east, sixth principal meridian, and final receipt thereon was issued December 4,1890. II.

On the Proofs. The Reporters' statement of tbe case: Tbe following are tbe facts of tbe case as found by tbe court. I. Tbe ship Concord, Jobn Thompson, master, sailed on or about November 28, 1798, from Canton, China, on a commercial voyage bound to Philadelphia, laden with a cargo of Chinese goods, owned as hereinafter set forth.

On the Proofs. The Reporters'1 statement of tbe case: The following are tbe facts of tbe case as found by tbe court: I. Since tbe year 1889 tbe claimant bas been an inspector of customs at San Francisco, Cal.

On the Proofs. The Reporters' statement of the case: The following are the facts of the case as found by the court: I. On the 23d of… Held: at the U. S. court building, corner of Clinton and Montague streets, in the city of Brooklyn, on Saturday, the 19th day of January, 1884, at ten o’clock in the forenoon, or as soon thereafter as counsel can be heard, for an order requiring- the plaintiff, or its attorney herein, to serve upon the defendant’s attorney a bill of…

On the Proofs. The Reporters’ statement of the case: The following are the facts of the case as found by the court: I. The claimant, on the 28th day of October, 1889, at Las Cruces, N. Mex., made an entry (No. 797) of 639.73 acres of public land under the desert-land act of March 3, 1877, and upon said entry paid to the receiver at said land office $159.95, being at the rate of 25 cents per acre. II.

On the defendants Flea. The Reportersy statement of the case: The case was heard on the defendants’ plea as to citizenship.

Under special act of Congress. The Reporters' statement of tbe case. The case was referred to tbe court by special act of Congress, which appears in th e opinion. Th e iss ues involved were chiefly those of fact, presenting no question of law.

On the Proofs. The Reporters’ statement of thé case: The following are tbe material facts of the case: I. On the -29th of October, 1892, the following contract was entered into between the claimant and the United States: “Whereas, by advertisement, dated August 8, 1892, proposals were invited by the Chief of the Bureau of Yards and Docks, Navy Department, for the construction, by contract, of a dry dock of the general dimensions, and to be located at the place therein…

On the elaimamTs Motion. The Reporters'1 statement of the case: The grounds for the motion appear sufficiently in the opinion of the court.

On the defendants Plea. The Reporters statement of the case: The grounds for the defendants’ plea to the jurisdiction appear sufficiently in the opinion of the court.

On the Proofs. The Reporters' statement of the case: The following are the facts of the case as found by the court: I. May 25, 1885, there were issued to James E. Streett, a citizen of the United States, and a resident of the District of Columbia, letters patent of the United States No. 318821, for improvement of rifling machines for heavy guns. The specifications, claims, and drawings of this patent are made part of these findings. II.

On the Proofs. The Reporters’ statement of the case: The following are the facts of the case as found by the court: I. On the 15th day of February, 1898, John J. Blandin was an officer of the United States steamer Maine, which was destroyed on that day by an explosion in the harbor of Havana, Cuba, and was injured by nervous shock and exposure sustained in and by such destruction to such an extent that he died therefrom on the following 16th day of July, 1898. II.

On the Proofs. The Reporters' statement of the case: The following are the facts of the case as found by the court: I. The claimant, William W. Gilbert, was a commissioner of the circuit court of the United States for the northern district of New York from the 15th day of October, 1890, to the 80th day of June, 1896, duly qualified and acting. II.

On the Proofs. The Reporter¿ statement of the case: The following are the facts of the case as found by the court: I. On January 20,1899, the claims included in this cause were referred to this court by the Secretary of the Navy, pursuant to the provisions of section 2 of the act of Congress approved March 3, 1883, entitled “An act to afford assistance and relief to Congress and the Executive Departments in the investigation of claims against the Government,” as amended by…

On the Proofs. Under the provisions of the Bowman Act, March 8, 1888 (22 Stat. L., 485, § 2) the Secretary of the Treasury is entitled to have the facts found by the court and its conclusions of law and opinion thereon for the “guidance and action” of the Department, although the claimant does not appear to prosecute the case.

On the defendcmtd Demurrer. On the Proofs. The Reporter s’ statement of the case: The following are the facts of the case as found by the court: I. The claimant, William Nelson, was appointed clerk of the United States court in the Indian Territory under the provisions of the act of March 1, 1889 (25 Stat. L., 783), and served as such clerk from April 1,1889, to June 30, 1892. II.

<p> On the Proofs. </p> <p>The Reporter’s statement of the case:</p> <p>The facts sufficiently appear in the opinion of the court.</p>

On the Proofs. The Reporters’ statement of the case: The following are the facts of the case as found by the court: I. The claimant is a citizen of the United States, residing in the District of Columbia, and is the duly appointed admin-istratrix of the estate of Michael A. McGowan, deceased, who was also a citizen of the United States and a resident of said District. II.

<p> On the defendants' Appeal. </p>