Volume 39 — 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, Chauncey Thomas, is a lieutenant-commander in the United States Navy of more than twenty years’ service, having been appointed a midshipman September 25, 1867, and served continuously through the various grades, obtaining the rank March 3, 1899, as aforesaid.

The Reporter^ statement of the case: The following are the facts of the case as found bjr the court: I. That under date of February 2, 1898, the claimants, Albert L. Woarms and Louis J. Lesser, who are partners, doing business under the name of D. S. Hess & Co., entered into a written contract (approved Februaiy 8, 1898) with the United States, through the Secretary of the Treasury, to complete the interior finish of the United States Fost-OfEco building at Washington, D.…

The Reporteri statement of the case: The following are the facts of the case as found by the' court: I. The claimant’s decedent was, at the time hereinafter mentioned, 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. The brigantine Speedwell, James Crawford, master, sailed on a commercial voyage from Wiscasset, Me., on the 9th day of October, 1796, bound for St. Bartholomew.

The Reporters' statement of the case: The following are the facts of the case as found by the court: I. The brig Maria, Edward Watts, master, sailed on a commercial voyage on or about the 20th day of September, 1798, bound from Tobago to Portsmouth, N. H. While peacefully pursuing said voyage the Maria was seized on the high seas on or about the 25th day of September, 1798, by the French privateer La Kevanche,' Capt.' Denis Francois Liebbe, and carried into Port de la…

The Reporter's statement of the case: The facts of this case appear sufficiently in the opinion of the court.

The Reporters’ statement of the case: The averments of the claimants’ petition sufficiently appear in the opinion of the court. The first act of Congress imposing a tax or duty on incomes was that approved August 5, 1861 (12 Stat. L., p. 309, secs. 49, 50, 51). This was amended b}^ the act approved July 1, 1862 (12 Stat.

The Reporters' statement of the case: The facts of the case appear sufficiently in the opinion of the court: The failure of Congress to appropriate sufficient funds to pay the claimant’s judgment in full did not invalidate the balance of said judgment, with interest, or impair the right of the claimant to insist upon full payment to satisfy his adjudicated demand on the United States.

The Reporter^ statement of the case: The questions raised by the defendants’ demurrer will be found in the opinion of the court. This soldier served from July 31,1862, until September 13, 1861, before his promotion to be a lieutenant became effective under the laws as they then existed. Attention is especially called to the fact that at that time actual muster in was essential to an officer’s right to pay.

The Reporters’ statement of the case: The facts of the case and the grounds of the claimant’s motion appear in the opinion of the court. Perhaps nothing’ is better settled in the law of pleading than that questions going to the jurisdiction of the court, the disability of the parties plaintiff or defendant, or to the abatement of the writ or declaration must be availed of bj^ pleading in abatement.

The Reporter1s statement of the case: The averments of the claimant’s petition sufficiently appear in the opinion of the court.

The Reporters’ statement of the case: The following are the facts of the case as found by the court: I. Letters patent No. 100399, dated March 1, 1870, were, by the Government of the United States, duly granted and issued to the claimant, Joseph L. Harley, securing to him a monopoly, pursuant to the laws of the United States, in the invention described in said letters patent. II.

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

The Reporter’s statement of the case. The following are the facts of the case as found by the court: I. The schooner Nantasket, Asa Higgins, master, sailed on a commercial voyage on or about the 24th day of February, 1800, from the port of Boston, Mass., bound to St. Thomas.

The Reporters' statement of the case: The following are the facts of the case as found by the court: I. On August 10,1898, the United States Senate being then in recess, the following commission was issued to Winfield Scott Schley, a commodore in the Navy: “ WilTAam McKinley, President of the United States of America, to all who shall see these presents, greeting: “Know ye that, reposing special trust and confidence in the patriotism, valor, fidelity, and ability of Winfield…

The Reporters'1 statement of the ease: The following are the facts of the case as found by the court: I. The brig Amiable Matilda, William Brown, master, sailed on a commercial voyage on the 2d day of September, 1797, from Philadelphia, bound to Bilboa, in Spain. While in the peaceful pursuit of said voyage, the vessel arrived between St. Ogne and Bilboa at about 8 o’clock in the morning on the 8th day of October, and took a pilot to conduct her into the port of Bilboa.

The Reporters’ statement of the case: The following are the facts of the case as found by the court: I. The schooner Maria, Thomas Gardiner master, sailed on a commercial voyage October 27, 1796, from New London, Conn., bound to Barbados, where she duly arrived, and sailed from thence to Tobago.

The Reporters' statement of the case: The claimants first brought a Congressional case in which the court found, and reported to Congress, the facts set forth in the first eight of the following findings. Instead of acting* favorably or adversely to the claimants on those findings Congress passed the act set forth in finding ix.

The Reportens’ statement of the case: The following are the facts of the case as found by the court: I. It does not appear who, if any, were the individual members of the Sisseton and Wahpeton bands of Dakota or Sioux Indians who remained loyal to the Government of the United States, or who were not directly or indirectly concerned in the depredations mentioned in the act of Congress approved Februarjr 16, 1863.

<p>The Reporter s’ statement of the case:</p> <p>The grounds of the claimant’s motion appear 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 brig Fair American, Robert Forrest, master, sailed on a commercial voyage on or about the 8th day of November, 1798, from Surinam, bound for Philadelphia. While peacefully pursuing her said voyage she was captured on the high seas on or about the 17th day of said month of November by the French privateer Le Jalouse.

The Reporters’ statement of the case: The facts of the case are found in 37 C. Cls. E., 17. The grounds of the claimants’ motion appear in the opinion of the court.

<p>The Reporters’ statement of the case:</p> <p>The grounds of the claimant’s motion appear 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 sloop Ealph, Moses Montague, master, sailed on a commercial voyage on or about the 31st of December, 1799, from New London, Conn., for the British island of Tortola, laden with a cargo of which about one-half in value was horses, 32 in number.

The Rejwrters’ statement of the case: The following are the facts of the case as found by the court: I. The claimant, Byran B. Daggett, was appointed a second lieutenant in the United States Volunteer Signal Corps by the President of the United States on the 4th day of August, 1898, and was a commissioned officer in the United States Volunteer Army from the date of his appointment until June 2, 1899. II.

<p>The Reporters’ statement of the case:</p> <p>The grounds' of the claimants’ motion appear' 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.. Held: even though such meeting shall be a special one. “Fifth. The offices of president and (othei’) members of the board of directors, with the exception of that of general manager or agent, shall be refilled every two years, by an election by secret ballot at a general meeting of the shareholders.

The Reporters' statement of the case: The following are the facts of the case as found by the court: I. The claimant, Francis H. Hardie, was, in August and September, 1900, a captain of the Third Regiment, United States Cavalry, and in accordance with orders from the War Department he was ordered to Manila, P. I., in August, 1900. He was then the owner of a thoroughbred horse, 16 hands high, worth $200.

<p>The Pejoorters’ 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 general assembly of the State… Held: affirming the case of Veazie Bank v. Fenno, and again upholding the constitutionality of the taxation upon State banks, that inasmuch as the power to coin money and regulate the value thereof had been expressly granted by the States to the Federal Government in the Federal Constitution, the Congress had the power to effectuate this…

Reporter’s statement of the case: The argument of the defendants on the hearing was directed chiefly against certain constructions given to the treaty of 1800 in the opinion of the court. The opinion now rendered is the former opinion reduced by striking out passages which related to other cases then before the court and to questions not involved in this case. The facts of the case appear fully in 29 C. Cls. R., 68.

<p>The Reporters’ statement of the case:</p> <p>The grounds of the defendants’ motion appear 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 claimant, Robert Stocker, was at the time of the… Held: December 27, 1898, that the claimant could not receive payment for his services, and no payment has ever been made. (Op., pp. 28-32.) The first inspection of the steamship La Grande Duchesse previous to her entry into the United States service was made between the hours of 2 p. m. and 5.15 p. m., July 8, 1898.

The Reporters’ statement of the case: The following are the facts of the case as found by the court: I. The claimant herein, a corporation organized under the laws of the State of New York, having-its office and place of business in the city and State of New York, entered into, a contract with the defendants through their agents June 28, 1899, a copy of which contract with the specifications annexed thereto is made part of the petition herein as Exhibit A, whereby the…

The Rej>orters‘> statement of the case: The following are the facts of the case as found by the court: I. The claimant, Frank Anderson, entered the United States Navy a's an assistant surgeon November 14, 1891, and was,-during the times hereinafter mentioned, a surgeon on the active list in the rank of lieutenant-commander. II.

The Reporters’ statement of the case: Tlie following are the facts of the case as found by the court: I. The claimant, Watson Stewart, was appointed and commissioned register of the United States land office at Humboldt, in the State of Kansas, entered upon duty May 12, 1869, and served continuously until November 20, 1871. II.

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. II. While holding the office of disbursing clerk of the Treasury Department, for which he had given bond and taken the oath of office, as required bjr law, the- Secretary of the Treasury, on the date named below, addressed to the claimant the following communication: “ OFFICE OF THE SECRETARY, “'Washington, 1).

<p>The Reporters' statement of the case:</p> <p>The following are the facts of the case as found by the court:</p>

The Reporters' statement of the case: The following are the facts of the case as found by the court: I. The claimant, Silas W. Terry, entered the Navy on the 28th day of September, 1858, and became by successive promotions a captain in the Navy. On the 29th of March, 1900, he was promoted to and commissioned a rear-admiral, and was embraced in the nine lower numbers of that grade until the 11th day of April, 1902.

The Reporters’’ statement of the ca.se: The following are the facts of the case as found by the court: I. That the claimant, John A. Donald, was the owner of the steamship Kanawha in 1898, the vessel being tight, staunch, strong, and well and sufficiently manned, tackled, appareled, and ballasted, and furnished in every respect fit for merchant or transport service', and being classified by the American Shipmasters’ Association as Al-J for five years, being in perfect…

The Reporters' statement of the case: The grounds of the claimants’ motion appear in the opinion of the court. The facts found in the case are as follows: I. The schooner Hazard, Joseph Campbell, master, sailed on or about December 22, 1799, from Boothbay or Wiscasset, Mass, (now Maine), on a commercial voyage bound to Mar-tinico.

<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 decedent .of claimant was, on the 28th day of September, in the year 1898, the owner in fee simple of certain lands in West Donegal Township, in Lancaster County, and Londonderry Township, in Dauphin County, Pa., consisting of 262 acres. II.

The Reporters’ statement of tlie case: Tlie following bill was referred to the court June 5, 1900, by resolution of the United States Senate under an act of Congress approved March 3,1887, known as the Tucker Act: [Fifly-sixtli Congress, first session.

The Reforters’ statement of the case: The following are tlie facts of the case as found by the court: I. Claimant is the widow, remarried, of Leonidas Metcalf, and brings this suit as such, under the provisions of section 2 of the act of Congress approved February 24,1897. (29 Stat. L., 593.) II. On June 7,1802, the Secretary of War authorized Brig. Gen. J. T. Boyle to raise a regiment of cavalry in the State of' Kentucky to be commanded by decedent. (Reb.

The Reforters’ statement of the case: The following are the facts of the case as found by the court: I. On November 20, 1897, there… Held: ■ Where goods are delivered to a common carrier for shipment, and received by it tó be forwarded in the usual course of business, the liability of a common carrier immediately attaches, and if they are lost by an accidental fire while in the carrier’s warehouse awaiting transportation he is liable, unless the common-law liability has…

The Reporters’ statement of the case: The following are the facts of the case as found by the' court: I. The claimant herein, Francis Magurn, was enrolled in the military service of the United States, in the Ninth Regiment Massachusetts Volunteer Infantry, as major and surgeon, on the 4th day of May, 1898, and was mustered into said service May 12,1898.

The Reporter's statement of the case: The following are the facts of the case as found by the court: I. The claimant is a corporation, 'duly created, organized, and existing under the laws of the State of Utah, having its principal office in the city of Chicago, State of Illinois. II.

The Reporters’ statement of the case: The following are the facts of the case as found by the court : I. A contract for building certain buildings was made on the 4th of May, 1893, between the United States and the claimant, which is annexed to the petition herein as Exhibit A. The specifications for all.the buildings in said contract contained the following general provisions: “ 1.

The Reforters’ statement of the case: The following are the facts of the case as found by the court: I. The brig Betsey, Zebulon P. Burnham, master, sailed on a commercial voyage on or about the 31st day of October, 1797, clearing from New London, Conn., for St. Croix, a Danish and neutral port, the same being a false destination.

The Reporters’ statement of the case: The following bill was referred to the court March 2, 1903, under the provisions of an act of Congress approved March 3, 1887, known as the Tucker Act: [Fifty-seventh Congress, first session.

The Reporters’’ statement of the case: The following are the facts of the case as found by the court: ■ I. The claimant herein, a corporation, was incorporated under the laws of the State of California in the year 1889 for the purpose of carrying on the business of packing salmon on the island of Afognak, in the Territory of Alaska, and as such corporation in the spring of 1889 purchased and shipped to said island materials for the erection of a cannery and buildings for the…

<p> On the claimants' Motion. </p> <p>The claim is referred to the court by the Senate under the Tucker Act. The claimants move to make the transcript of original evidence in the Supreme Court in the Ouachita Cotton Cases (6 Wall., 5Ü1) a part of the record. This court decides that the doctrine of res judicata is applicable to cases referred under the Tucker Act, and that if the question of the claimants’ citizenship was determined by the judgment in the Supreme Court it can not be reopened in this suit. The claimants now move for a rehearing, and show that a mistake occurred in the case in the Supreme Court on the part of the clerk in omitting from the printed record on which the court acted a portion of the evidence on file in the court, and that the Supreme Court would have reviewed its decision if the error had been discovered and a motion made during the term.</p> <p>I. The court adheres to its former decision that a judgment by a court of competent jurisdiction, rendering a question res judicata between the same parties, can not be reexamined in this court in a case referred under the Tucker Act.</p> <p>II. But the court also holds that if it is clearly shown that a mistake in the former judicial proceedings occurred, which if known would have affected the judgment, and that the other court has lost jurisdiction of the case, this court may consider the question.</p>

The Reporters’ statement of the case: Tbe following are the facts of the case as found by the court: I. Prior to the times hereinafter referred to, the claimant, Moran Brothers Company, a corporation created under the laws of the State of Washington, was constructing a steamer then known as the George W. Dickinson, for E. E. Caine, of Seattle, Wash., under certain detailed specifications and additions which had been from time to time made thereto for which said E. E. Caine…

The Reporter's statement of the case: The following are the facts of the case, as found by the court: I. On October 9,1894, the United States through the Commissioner of Patents issued to the claimant herein letters patent No. 527169 for an improvement in the method of calking vessels, which letters patent and the drawings and specifications relating thereto are made part of the petition herein. II.

The Reporters’ statement of the case: The following are the facts of the case as found by the court: I. During the war between Spain and the United States United States troops were encamped at the town of Anniston, Ala.; and to accommodate them the Government built temporary halls, stables, and hospitals.

The Reporter's statement of the 'case: The following are the facts of. the case as found by tbe court: I. The claimant is a corporation, incorporated under the laws of the State of Pennsylvania,': having its principal place of business in the city of Philadelphia. For many years it has been engaged in the manufacture of structural steel work and the erection of the framework' of large buildings. ■II.