Volume 37 — Court of Claims Reports

The Reporters' statement of the case: The following are the facts of the case as found by the court: I. The claimant, Arthur B. Barringer, was from time to time employed as a compositor in the Government Printing Office daring the following periods: December 31, 1895, to February 26, 1896, inclusive; July 2, 1897, to July 31, 1897, inclusive; December 10, 1897, to July 16, 1898, inclusive; October 24, 1898, to March 4, 1899, inclusive; October 28, 1899, to April 27, 1900,…

The Reporterrd statement of the case: The following are the facts of the case as found by the court: I. The ownership of the vessel and the cargo and the sale of the Margaret and the capture of said vessel and cargo, and the recapture of said vessel and the decree that the vessel and cargo were sold at auction for payment of salvage to the recap-tors, and all the other material facts in the case (except citizenship) depend upon an agreed statement of facts filed in the court…

The Reporters' statement of the case: The following are the facts of the case as found by the court: I. The schooner Atlantic, George Howe, master, sailed on a commercial voyage from Stonington, Conn., on the 26th day of April, 1799, bound for Tobago. While pursuing said voyage she was captured on the high seas by the French privateer La Resolute, Captain Hubert.

The Reporters’ statement of the case: The following are the facts of the case as found by the court: I. The schooner Jane, Peter Sorensen, master, sailed from Baltimore, Md., on the 15th dajr of July, 1799, bound for Curacao, While peacefully pursuing her said voyage, on the 27th day of July, 1799, she was captured on the high seas by the French privateer Alliance, Captain Dupuy, armed with twelve guns, and taken to Porto Rico, where both vessel and cargo were condemned by…

The Reporters'1 statement of the case: The following are the facts of the case as found by the court: I. The schooner Mary, a duly registered vessel of the United States, belonging- to the port of Boston, whereof John Myrick, a citizen of the United States, was master, sailed from the port of Boston on a commercial voyage in 1797 bound for Demerara with a cargo of merchandise, both vessel and cargo being owned by Jonathan Merry, a citizen of the United States.

The Reporters'1 statement of the case: The facts of the case appear sufficiently in the opinion of the court. No question is raised by the accounting officers in their disallowance of this claim as to the legality of a charge for medical and hospital attendance; but it is suggested that such attendance was in this case unnecessary, the sickness having occurred at Washington where there are always a number of medical officers of the Army stationed.

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

The l¿aj)o/‘fr/‘x statement, of the- case: The following are the facts of the case as found by the court: I. The claimant enlisted as a private in Company L, Twenty-fourth Infantry, United States Army, on March 13, 1899, at Indianapolis, Ind., and was discharged on his own application on March 12, 1900, at Fort Wrangell, Alaska, by Special Orders, No. 31, paragraph 23, Adjutant-General’s Office. II.

The Reporters' statement of the case: The following are the facts of the case as found by the court: I. The claimant, Harry A. Clark, was enlisted in the military service of the United States as a private in Company L of the Thirtieth Regiment of United States Infantry Volunteers on July 17, 1899, said regiment being organized and mustered into the service for two years, as provided by the act of March 2, 1899.

The Reporters' statement of the case: The following are the facts of the case as found by the court: 1. The brig Sally, Samuel Wells, master, on or about October 15, 1799, sailed on a commercial voyage from New London, bound for Barbados.

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

The Pejiorters’ statement of the case: The following are the facts of the case as found by1 the court: I. The claimant, Michael A. IV. Louis, was, on and prior to the 3d day of March, in the year 1891, employed at the Government Printing Office as assistant foreman of the press room, and was paid as such at the rate of five dollars thirty-three and one-third cents ($5.33-V) a day. II.

<p> On the defendants’ Motion. </p> <p>The defendants move to suppress depositions taken on behalf of the claimant on the ground that the commissioner was the local attorney of the claimant and had a direct interest in the result of the suit, and that the defendants were refused permission to freely cross-examine the witnesses.</p> <p>I.All the conditions of the statute providing for the taking of testimony must be complied with; and the testimony must come from the commissioner without taint or reasonable suspicion of unfairness in the methods, of obtaining it.</p> <p>II.A commissioner is incompetent if he be the local attorney of one of the parties or has an interest, no matter how remote, in the result of the suit.</p> <p>III.Where the right to cross-examine a witness appears to have met with unreasonable interference on the part of the commissioner, the deposition will be suppressed.</p>

The Reporters' statement of the case: The following are the facts of the case as found by the court: I. The ship Galen, of Boston, sailed from the Downs, in England, with a cargo of different kinds of merchandise, on the 12th of March, 1798, under convoy of a British ship of the line.

The Sej>Oi'te?T statement of the case: The following are the facts of the case as found by the court: I. The brig- Luc3r, John Clapp, master, on or about March 11, 1798, sailed on a commercial voyage’from Demarara for New London, Conn. On her outward voyage she had cleared from New London, Conn., for Surinam, a neutral port, laden with a cargo of horses and mules, which she conveyed to Demarara, a British possession.

The Reporters* statement of the case: The following are the facts of the case as found by the court: I. The claimant was in 1895, Í896, and 1897 a corporation engaged in business as importer, manufacturer, and exporter of oils at New York City and elsewhere in the United States. II. In the manufacture of certain kinds of lubricating oils the claimant used imported rape-seed oil, on which duties had been paid. III.

The Teportei’s’ statement of the case. The following are the facts of the case as found by the court: I. The claimant, Henry H. Russell, a citizen of the United States and a resident of Leesburg,.in the State of Virginia, is the administrator of the estate of Joshua Everhart, deceased, late of said city and State. II. By the act of March 3, 1877 (19 Stat.

The Reporten? statement of the case: The following are the facts of the case as found by the court: I. The claimant, Thomas P. Smith, was on the 6th day of November, in the year 1893, appointed and commissioned by the President, by and with the advice and consent of the Senate, as an Indian inspector. He entered upon duty as such November 22, 1893. He continued in the office from that time until the 20th of January, in the year 1896. II.

<p> On the claimant's Motion. </p> <p>This case was decided at the last term (36 C. Ols. R., 531). The sole question presented by this motion is at what date should the State have been credited in the Auditor’s account with the payment of its quota of the direct tax.</p> <p>I. Under the Act 5th August, 1861 (12 Stat. L., 292, sec. 53), as amended by the Act 18th May, 1862 (ib., 384), the abatement of 15 per cent on its quota of the direct tax could be allowed to a State only where this tax was paid before the 30th June, or by the release of any liquidated claim of the State against the United States which might be filed with the proper officers of the United States before the 30th July, 1862.</p> <p>II. To entitle a State to the abatement of 15 per cent in the adjustment of the accounts against the United States in this court, the credit must be given as of the 30th June, 1862, and not as of the time when it was actually given by the accounting officers of the Treasury.</p>

The Reporten? statement of the case: The following are the facts of the case as found by the court: I. The claimant, Paul C. Lellmann, is a citizen of the United States, residing in Boise, Ada County, Idaho.

<p>The Reporters' statement of the case:</p> <p>The facts of the case appear sufficiently in the opinion of the court.</p>

The Reporters' statement of the case: The following are the facts of the case as found by the court; I. The accounts of the State of Rhode Island against the United States for money expended for enrolling, subsisting, clothing, supplying, árming, equipping, paying, ■ and transporting its troops employed in aiding to suppress the insurrection of the civil war under the act 26th July, 1861 (12 Stat.

The Reporter1 s statement of the case: This case, was previously tried and decided (36 C. Gis. R., 138). Held: we believe it is fair to assume that he would not have remained for such long periods of time in charge of important works, nor would he have been appointed successively to so many responsible positions, if hehad not at least enjoj'ed an excellent, widespread reputation. “ We can personally testify that we believe, on the part of Mr.…

<p> Oil the .Proofa. </p> <p>The claimant asks the court to find facts for Congress upon evidence which the court regards as incompetent; and also to find facts which will merely establish the payment of money by the State as a gratuity without legal or moral obligation on the United States to reimburse the State.</p> <p>I. The Act ¿1st Jane, 1806 (11 Stat. L., 68), provided for the payment of all troops called into service by the governor of West Virginia, but excluded any allowance for troops who did not perform actual military service during the civil war in concert with the authorities of the United States. The presumption is. that men who were entitled to be paid were paid.</p> <p>II. In this class of cases it is the duty of the court to inquire into every material fact necessary to enable Congress to act intelligently when disposing of the claims.</p> <p>III. Information for Congress must be obtained in Congressional cases in strict conformity with the rules of judicial procedure and from competent evidence.</p> <p>IV. The law of evidence excludes letters and e.v parle statements of every character except where a statute directs that they be considered.</p> <p>V.The fact of actual payment to State troops by the State can not be established by the proceedings of a State military board.</p>

The litporteril statement of the case: The following ave the facts of the ease as found by the court: I. At the time of the depreciation hereinafter stated the claimant was a citizen .of the United States. II.

The Reporters' statement of the case: The following are the facts of the case as found bj^ the court: I. The claimant, John B. Collins, now a lieutenant commander in the Navy, was, while a lieutenant in the Navy, attached to and served upon the U. S. S. Mohican from May 28, 1893, to March 26, 1895.

The Begoorters1 statement of the case: The facts of the case will be found sufficiently set forth in the opinion of the court. The evidence shows conclusively that the claimant was continuously engaged from the 25th of April, 1898, until the close of hostilities with Spain in duties connected with his military organization. He has only been paid from the 1st of August, 1898.

The Hejiortcrs’ statement of the’ case: The material allegations of the petition will be found in the opinion of the court. The act says: “That the Shawnee tribe or band of Indians * * * shall present to the said court all their claims against the United States * * * of every description whatsoever.” This language is quite broad enough to cover the claims embraced in this action.

The Reporters’ statement of the case: The following are the facts of the case as found by the court: I. The claimants, José Gonzales y Garcia and Pedro Gonzales, as partners, on the 1st day of August, 1881, received from Nester Armijo 4,000 sheep. Under their contract they were to pay Armijo 2 pounds of wool per sheep per year, and at the end of a given term were to return to Armijo the same number of sheep that were originally received from him. II.

The Reporters' statement of the case: The following are the facts-of the case as found by the court: I. William J. Glenn, claimant, from September 12, 1898, to December 6,1898, both dates inclusive, was colonel of the Fourteenth Pennsylvania Volunteer Infantry Regiment. II.

The Reporters’ statement of the case: The following are the facts of the case as found by the court in the case of the Happy Return: I. The brig- Happy Return, Ezekil Durfey, master, sailed on a commercial vo3rage from Newport, R. I., on the 2d of October, 1796, bound for Surinam. She was compelled by stress of weather to run into Demerara, where she arrived on the 30th of November, and there disposed of her cargo.

The Reporten? statement of the case: The facts of the case are stated in the opinion of the court. 1. The claim is in effect for the market price of goods actually sold and delivered. In this view it is sustainable, irrespective of a special contract. Miehell v. United States, 19 C. Cls. R., 39, 15; South Boston Iron Company's case, 18 C. Cls. 11., 165; BurchieVs case, 4 C. Cls. R., 549; Ileaih-field's case, 8 id., 213; Salomon's case, 19 Wall., 17, and 9 C. Cls.

The JReporteri statement of the case: The material allegations of the petition will be found in the opinion of the court. Congress had discovered that there was a lurking equity somewhere in the date of any officer’s appointment, and with most commendable perseverance had sought to find, and to provide for it, but thus far had failed. The next attempt was, we submit, more successful. Ten years later the act approved February 2d, 1897, was passed (29 Stat. L., 593).

The Pejiorters’ statement of the case. The following are the facts of the case as found by the court: I. The James and William sailed from Norfolk, Ya., on the 26th of January, 1798, bound for London. On the 22d of February she was captured on the high seas by the French privateer President Parker and carried into the port of Ros-coff. On the 5th of March, 1798, she was condemned by the French tribunal of commerce at Morlaix.

The Bejpoi'ters’ statement of the case: The facts of the case wi]l be found in the opinion of the court. 1. The position of night inspector is an office recog'nized and created by law. The Government admits that there is at least one act of Congress, viz, the Act of March 3, 1881 (Supp. Rev. Stat., yol. i, p. 321), which recognizes the office of night inspector as existing in pursuance of law. The Act of June 10, 1880 (Supp. Rev. Stat., Yol. I, p. 292; 21 Stat.

The Pejiorters’ statement of the case: The following are the facts of the case as found by the court: I. May 22, 1866, the claimant enlisted in the United States Navy as an apprentice, and ivas discharged April 17, 1869. Thereafter, March 1, 1870, ho was rated as a mate. II.

The Reporters’ statement of the case: These cases were heard and submitted at the same time. The following are the facts in the case of Fitzpatrick as found by the court. The facts in the case of Huff presented the same question. I. Claimant is a naval officer of the United States, to wit, a lieutenant, junior grade. II.

The Reporters’ statement of the ease: The following are the facts of the case as found by the court: * I. The claimant, George L. Dyer, was on July 1,1897, and is still, an officer in the Navy of the United States, to wit, a lieutenant. II.

The Reporters' statement of the case: The following are the facts of the case as found by the court: I. Prior to April 29, 1872, the Board of Public Works of the District of Columbia had, by order entered on their records, fixed the price of certain work to be done in the improvement of streets in the city of Washington, among which were the following: “For grading from and after January 22, 1872, 30 cents per cubic yard, including the hauling of the earth excavated, not to…

The Reporter s’ statement of the case: , The following are the facts of the case as found by the court: I. The claimant, Ulysses S. G. White, was on the 9th day of January, in the year 1887, appointed a civil engineer in the Navy from civil life. He remained such civil engineer and was such at the time of the passage of the Navy personnel act of March. 3, 1899. II.

The Reporters'’ statement of the case: The following are the facts of the case as found by the court: I. The claimant entered the Navy of the United States as cadet engineer October 1, 1871; he was appointed second assistant engineer January 23, 1871; he was appointed assistant engineer February 21, 1871; passed assistant engineer March 25, 1880; chief engineer January 26, 1895.

The Reporters' statement of the case: The following are the facts of the case as found by the court: I. The schooner Vandeput, George Fitzhugh, master, sailed on a commercial voyage on the 7th day of March, 1800, from Norfolk, Va., bound to Martinico.

The Reporters’ statement of the case: The following are the facts of the case as found by the court: I. The schooner Nancy, William Ward, master, sailed on a commercial voyage from Boston on the 23d day of January, 1799, bound to St. lago de Cuba.

The Reporters' statement of the case: The following are the facts of the case as found by the court: I. At the time of the depredations hereinafter stated the claimant was a citizen of the United States. II.

The Reporters’ statement of the case: The following are the facts of the case as found by the court: I. On the 20th of August, 1895, the claimant and the defendants, through Lieut. Col. W. K,. King, Corps of Engineers, entered into the contract set up and described in the petition. II.

The Reporter^ statement of the case: The following are the facts of the case as found by the court: I. The schooner Lucy, Matthias Rider, master, sailed on a commercial voyage on or about the 19th day of January, 1798, from Boston, bound to L’Anceveau, laden with a carg-o of provisions, fish, candles, shoes, and similar merchandise; that she arrived at L’Anceveau on the 13th day of February, 1798, whereupon the French administration demanded and took from the master various…

The Pejjorter-h statement of the casé: The following are the facts of the case as found by the court: I. The schooner John Eason, John Cowper, master, sailed on a commercial voyage on or about July 15, 1798, bound from Norfolk, Va., to Kingston, in the island of Jamaica.

The Reporter £ statement of the case: The following are the facts of the case as found by the court: I. The claimants, Edward W. Sprague, Jasper S. Sprague, and James B. Hovey, are partners doing- business at Marietta, Ohio, under the firm name and st3rIe of The Universal Bolt-Lock Company; they are citizens of the United States, residing- at Marietta, Ohio, and are the owners of the claim hereinafter stated, never having- sold or assigned the same to any person or persons.

The Reporter i statement of the case: The following are the facts of the case as found by the court: I. The schooner Conrad, John Osborn, master, sailed on a commercial voyage on or about the 18th day of April, 1799, from Baltimore, Md., bound to St. Thomas.

The Reporters' statement of the case: The following are the facts of the case as found by the court: I. The schooner Ulalia, James Clifton master, sailed on a commercial voyage on or about the 8th day of April, 1798, from Philadelphia bound to Para, in Brazil, with liberty to touch at Cayenne, French Guiana.

The Reporters' statement of the case: The following are the facts of the case as found by the court: I. The snow Thetis, Samuel Cameron, master, sailed on a commercial voyage on or about the 1st day of April, 1797, from Madeira, bound to Charleston, S. C. While peacefully pursuing said voyage she was seized on the high seas on or about the 30th day of the said month bjr the French privateer Liberty and conducted to Monte Ohriste, and both vessel and cargo thereafter…

The Reporters’ statement of the case: The following are the facts of the case as found by the court: I. That the claimant is a citizen of the United States and a resident of Kansas City, in the State of Missouri, and has always borne true allegiance to the Government of the United States. . II.

The Reporters' statement of the case. The following are the facts of the case as found by the court: I. At the time of the depredation alleged in petition No. 3815, to wit, December 15,1848, the claimant was not a citizen of the United States. II.

The Reporters' statement of the case: The following are the material allegations of the petition, demurred to by the defendants: On January 14,1898, the claimant was duty appointed postmaster at Hartford City, Ind., for a period of four years, receiving his commission February 5,1898; that he faithfully served as such postmaster from February 5, 1898, until January 25, 1902, when he resigned said office, turning over to his successor all books, papers, and moneys in his…

The Pejoorters1 statement of the case. The following are the facts of the case as found by the court: I. The plaintiff, since April, 1891, has been the owner in fee simple of all that piece or parcel of real estate situate in the county of Washington, in the District of Columbia, known as block No. 3 in the subdivision of Jacob P. Clark and Edward P. Cottrell, trustees, of lot 3 and part of lot 2 jn Whitehaven, for the Palisades of the Potomac Land and Improvement Company,…

The Bejoorters1 statement of the case: The following- are the facts of the case as found by the court: I. The depredation constituting the basis of the alleged claim, if committed at all, was committed by the Jicarilla Apaches in connection with some Comanches.

The Hcqwrtens’ statement of the case. The following- are the facts of the case as found by the court: I. The State of Pennsylvania, under the provisions of the act of Congress approved July 27,1861, and the joint resolution of Congress approved March 8, 1862, as agent for the United States, properly paid to .various persons and corporations the sum of $45,239.90 for the use and occupation of their grounds and buildings for recruiting State troops while the same were being…

The Reporters' statement of the case: The following are the facts of this case as found bj^ the court: I. The claimant, William J. Chinn, was clerk of the district and circuit courts of the United States for the district of Kentucky, at Frankfort, from January 28,1898, to June 30,1896, duly qualified and acting. II.

<p> On the elai'inanfs Motion. </p> <p>The Secretary of the Treasury transmits the claims of a number of States for reimbursement of moneys expended during the civil war in equipping troops. The decisions of the court in several cases are in favor of the claimants. Congress appropriate money for the payment of the claims and direct that the accounting officers reopen claims of like character heretofore disallowed and allow them. The present case is, at the time of the enactment, pending in this court.</p> <p>I. If, while a departmental case is pending in this court, Congress enact that the accounting offi cers shall reexamine and allow such claims, further action by the court will be unnecessary, and the papers in the case will be returned to the Secretary who transmitted them.</p> <p>II. TheHcf 14th February, 1902 (32 Stat. L.,-), which appropriates money for the payment of certain claims an<l provides that “claims of like character” “not heretofore allowed, or heretofore disallowed, by the accoimtiug officers of the Treasury shall be reopened, examined, and allowed,” extends to a departmental case pending in this court.</p>

<p>The Pejwrters’ statement of the case.</p> <p>The facts of the case appear sufficiently in the opinion of the court.</p>

The Reporters? statement of the case: The following are the facts of the case as found by the court: I. On October 25,1888, Amanda Cormaclc made settlement on the east half of the southeast quarter of section 21 and the north half of the northeast quarter of section 28, township 20 north, of range 5 east, Helena land district, Montana, and paid therefor the minimum price of §1.25 per acre, or §200 for the 160 acres of land; and she continued to reside thereon until' April…

The Reporten? statement of the case: The following are the facts of this case as found by the court: I. The schooner Sally, John Leech, master, sailed on a commercial voyage from Salem, Mass., on the 2d day of July, 1790, bound for the West Indies. _.