Volume 43 — 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, Thacker V. Walker, was enrolled in the military service of the United States, in the First Regiment District of Columbia Volunteer Infantry, as a first lieutenant in Company C, on May 16, 1898.

The Reporters’ statement of the case: The facts alleged by the claimant sufficiently appear in the opinion of the court. It is conceded in this case that Fort Foster is a public improvement, lawfully erected under legislative authority, entirely upon government property, and does not encroach in any manner upon the abutting land owned by the plaintiffs.

The Reporters' statement of the case: The following are the facts of the case as found by the court: I. Harry McL. P. Huse entered tbe naval service September 30, 1874, reached the grade of lieutenant May 13, 1894, and remained in that grade until March 3, 1901, upon which date he was promoted to the grade of lieutenant-commander.

The Reporters’ statement of the case: The following are the facts of the case as found by the court: I. On June 12, 1883, Charles T. M. Valérand de Bange, a Frenchman, filed in the United States Patent Office an application for a patent for breech-loading ordnance. The specification was the same as in the patent when ultimately granted, but the claims read as follows: “ First.

The Reporters'1 statement of the case: The following are the facts of the case as found by the court: I. The claimant, Jesse W. Beam, at the date of the depredation hereinafter set forth was a citizen of the United States. II.

The Reporters’ statement of tbe case: Tbe nature of tbe defendants’ plea to the jurisdiction will be found stated in tbe opinion of the court.

The Reporters’ statement of the case: The following are the facts of the case as found by the court: I. The claimant was on November 13, 1896, appointed an assistant surgeon in the United States Army with the rank of first lieutenant, and accepted his commission on November 14, 1896. II.

The Reporters’ statement of the case: The following are the facts of this case as found by the court: I. In the year 1898 the claimants, Joseph Patón Maclay, Thomas Walker McIntyre, and William Murray Mackinley were British subjects, residing in Glasgow, Scotland, and were copartners engaged in business under the firm name of Maclay & McIntyre, and were the owners of the British steamship Nyanza, her gross tonnage being 4,053 tons and her net register tonnage 2,643 tons.

The Reporters' statement of the case: The averments of the petition will be found in the opinion of the court. It is patent that the “ circular of information ” was in no sense or degree a guaranty of the conditions described. No part of the information therein contained was carried into the contract in any shape or form.

The Reporters1 statement of the case: The following are the facts of the case as found by the court: I. On June 2', 1900, claimant entered into the following contract with the Department of Agriculture of the United States: Contract for supplying seeds to the United States Department of Agriculture for the fiscal year ending June 30, 1901.

The Reporters* statement of tbe case: This is a claim for the return of the purchase money alleged to have been paid to the United States Government by Joseph Brugere, deceased, for a parcel of land situated in the city of New Orleans, La., at public auction, pursuant to a venditioni exponas issued out of the United States District Court for the Eastern District of Louisiana directing the sale of certain property of John Slidell.

The Reporters’’ statement of tbe case: The following bill was referred to the court April 26,1904, by resolution of the United States Senate, under act of Congress approved March 3, 1887, known as the Tucker Act: “[S. 2739, Fifty-eighth Congress, second session.] “A BILL For the relief of the widow and heirs at law of Charles Wilkes, deceased, late a rear-admiral in the United States Navy. “Be it enacted by the Senate and Mouse of Representatives of the United States of…

The Reporters' statement of the case: The following are the facts of the case as found by the court: I. The claimant reenlisted in the United States service on December 28, 1898, at Philadelphia, Pa., was assigned to Company I, Seventh U. S. Infantry, and appointed corporal February 23,1899. II.

The Reporters’ statement of the case: The following are the facts of the case as found by the court: I. July 1, 1901, the claimant, William G. Sherlock, was appointed by the Postmaster-General as stamper or stamping-clerk in the post-office at Chicago, Ill., at a salary of $600 per annum, and served until July 1, 1902, when he was promoted to a salary of $700 per annum.

The Reporters’ statement of the case: The facts of the case will be found set forth in the opinion of the court. The case is plainly within the terms of the act of June 30, 1902. The service was all performed beyond the limits of the States comprising the Union and the Territories of the United States contiguous thereto. It is true that it was largely performed on army transports.

The Reporters' statement of the case: The facts of the case as found by the court are as follows: I. The claimant, Herbert S. Foster, was at the time of the performance of the travel, out of which this claim for mileage arises, a major of the Twelfth Regiment of Infantry, United States Army, and is now lieutenant-colonel of the same regiment. II.

The Reporters’ statement of tbe case: This case was brought to a hearing on the merits, in December 1906, and is reported in 42 Court of Claims Eeport, 85. The grounds of the present motion 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. The claimant is a corporation, organized under the laws of the State of Florida, owning and operating certain steamships between Pensacola, Fla., and other Gulf of Mexico ports, one of these steamships being the August Belmont. II.

The Reporters'1 statement of tbe case: The following are the facts of the case as found by the court: I. The claimant is a corporation incorporated and existing under the laws of the State of Pennsylvania. II.

The Reporters'1 statement of- the case: The following are the facts of the case as found by the court: I. The claimant, Charles C. Allen, entered the military service of the United States as first lieutenant of the Twenty-eighth Regiment U. S. Volunteers, at Philadelphia, Pa., on July 17, 1899, and was discharged from such service at Zam-boanga, P. I., on June 30, 1901.

The Reporters'’ statement of the case: The following are the facts of the case as found by the court: I. The claimant, Harry Walsh, was in the military service of the United States as captain in the Forty-seventh Regiment Infantry, U. S. Volunteers, from on or about August 17, 1899, to on or about July 2, 1901. II.

<p>The Reporters' statement of the case:</p> <p>The facts, of the case are sufficiently set forth 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, Samuel A. Drury, is executor of the last will and testament of William A. Richardson, deceased, named as editor in the various statutes providing for preparing and editing the Supplement to the Revised Statutes of the United States. II.

The Reporter’s statement of the case: The following are the facts of the case as found by the court: I. The claimants are residents and citizens of the United States. II.

<p>The Reporters’ statement of the case.</p> <p>The grounds of the motion sufficiently 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. On the 2d day of October, 1888, P. H. McLaughlin & Co., of Washington, D. C., entered into a contract with the United States for the erection of the buildings of the Naval Observatory. The contract is the same which was before this court in the case of P. H. McLaughlin It contained, among other provisions, the following: “ Second.

The Reporter's statement of the case: The following are the facts of the case as found by the court: I. The claimants, Austin W. Lord and J. Monroe Hewlett, both citizens of the United States and residents of the city and State of New York, were at the times hereinafter mentioned copartners practicing their profession as architects, under the firm name and style of Lord & Hewlett, with their offices in the city of New York. II.

The Reporters'1 statement of the case: This is a claim for alleged permanent injuries received by the claimant in November, 1880, while in the employ of the United States as a laborer, and for medical attendance, nursing and medicines required in the treatment of said injuries. The claim was first referred to the court by resolution of the House of Representatives December 19, 1904, under the act of March 3,1887, and numbered 11730 congressional.

The Reporters’’ statement of the case: The following is the preliminary statement of the court with the facts found: The claim herein, for difference in travel pay as second lieutenant in Company L, Thirtieth Regiment U. S. Infantry Volunteers, provided for by Revised Statutes, section 1289, and the amount received under the act of May 26, 1900, was referred to the court, on January 29, 1907, by the Committee on War Claims of the House of Representatives.

The Reporters* statement of the ease: The following is the preliminary .statement of the court with the findings of fact: The following bill was referred to the court by resolution of the United States Senate on the 27th of June, 1904, under the act of March 3, 1887, known as the Tucker Act: “A BILL Conferring jurisdiction on the.

The Reporters' statement of the case: The following are the facts of the case as found by the court: I. The petitioners are all residents and citizens of the United States and have been duly appointed trustees in bankruptcy of the Evansville Contract Company, and have duly qualified as such and are acting and suing in this case in that capacity. II.

The Reporters' statement of the case: The following are the facts of the case as found by the court: I. The claimant herein, William G. Hannum, entered the naval service as a cadet midshipman on September 24, 1872, and in October, 1900, held the rank of lieutenant in the United States Navy. II.

The Reporters' statement .of the case: The following are the facts of the case as found by the court: I. The claimant, Dudley W. Welch, accepted commission August 22, 1899, as first lieutenant, and assistant surgeon, Forty-third United States Volunteer Infantry; was appointed captain and assistant surgeon December 1, 1900, in the same organization, and while serving as captain and assistant surgeon claimant was tried by general court-martial, and sentenced to be dismissed…

<p>The Reporters’ statement of the case:</p> <p>The grounds of the 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, William J. Heinzel, was, during the period covered by this claim, a hospital apprentice in the service of the United States Navy. II.

The Reporters'1 statement of the case: The following are the facts of the case as found by the court: I. The claimant herein, a citizen of the United States and a resident of Georgia, entered into a contract with the United States in writing on the 4th day of April, 1903, for the construction of a hospital building at Chickamauga Park, Ga., wherein it was agreed that the claimant should be paid for the work the sum of $59,472.

<p>The Reporters' statement of the ease:</p> <p>The facts of this case will be found set forth 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, Conrad Reichherzer, enlisted in the United States Army October 21, 1897, at Vancouver Barracks, Wash. He was assigned to service beyond the seas and discharged by reason of the expiration of his term of enlistment on October 20, 1900, at Peking, China. II.

The Reporters’ statement of the case: The following are the facts of the case as found by the court: I. The claimant herein is a corporation duly organized and existing under the laws of the State of New Jersey. II.

The Reporters5 statement of the case: The grounds of the motion appear sufficiently in the opinion of the court. 1. The general rule for the construction of all statutes is that they apply only to future cases unless otherwise expressly stated. (White v. United States, 191 U. S., 545.) 2. The rank and pay of retired officers becomes fixed upon their retirement and is not either increased or diminished by subsequent legislation unless the law expressly so provides.

The Reporter’s statement of the case: The following are the facts of the case as found by the court: I. The claimant, Bichard H. Leigh, entered the naval service as cadet on September 6, 1887; he was promoted and reached the grade of lieutenant, junior grade, on March 3, 1899, and during the period covered by this claim, from October 20, 1899, to March 6,1900, he served in that grade. II.

The Reporters’ statement of the case: The following are the facts of the case as found by the court: I. The claimant was clerk of the District Court of the United States for the Southern District of New York from the 19th day of July, 1901, and United States commissioner from the 1st day of July, 1897, to the present time, duly qualified and acting. II.

<p>The Reporters’ statement of the case:</p> <p>The facts of the case are set forth 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 claim or matter in this case was transmitted to the court by virtue of a reference by the Postmaster-General under the provisions of section 2 of the act of March 3, 1883 (22 Stat.

The Reporters' statement of the case: The following are the facts of the case as found by the court: I. Claimant is a corporation duly organized and incorporated under the laws of the State of Illinois, of which State it is a citizen. II. Claimant entered into two contracts witb the United States, the first of which was dated July 1, 1898, and was an agreement in writing entered into between the United States, by Brig.

<p>The Reporters’ statement of the case:</p> <p>The facts of the case will be found 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 claimants, Cosme Blanco Herrera and Jose Blanco Herrera, were, at the time of the taking of the property hereinafter mentioned, a commercial partnership doing business under the firm name of Herrera Nephews. Said partners were born in Spain and were Spanish subjects during the Spanish regime in Cuba, residing in Habana.

The Reporters' statement of the case: The following are the facts of the case as found by the court: I. The claimants herein, Pascasio Diaz, representing the three sisters Gallego, to wit, Carmen, Mercedes, and Josefa, Enrique de Messa, and Robert Scott Douglas, were, at the time of the taking of the property hereinafter mentioned, a partnership doing business under the firm name of Gallego, Messa & Company.

The Reporters' statement of the case: The following are the facts of the case as found by the court: I. The claimant herein, Peter C. Hains, while a colonel in the Corps of Engineers, United States Army, received on June 10,1899, a letter, of which the following is a copy: “ Department oe State, “ 'Washington, June 10,1899. “ Colonel Peter C. Hains, U. S. A., ’‘'‘Member of the Interoceanic Canal Commission “ appointed under sections 3 and Ip of the act “ of Congress approved…

The Reporters’’ statement of the case: The following are the facts of the case as found by the court: I. Charles E. Ellicott and John B. Norris are copartners, trading as Ellicott Machine Company, and are citizens of the United States, residents of the State of Maryland, and doing business in the city of Baltimore. II.

The Reporters’ statement of the case: The following are the facts of the case as found by the court: I. The claimant, Josephine L. Schreiner, is a citizen of the United States and a resident of the District of Columbia, and is the administratrix of Francis M. Schreiner, deceased. II.

The Reporters' statement of the case: The claimant’s motion to set aside the judgment being allowed in part, the'court filed the following findings of fact and rendered judgment for $79.44: I. The claimant entered the naval service as an assistant paymaster with the rank of ensign, July 5, 1899. He was appointed an assistant paymaster with the rank of lieutenant, junior grade, July 1, 1902.

The Reporters’ statement of the case: The following are the facts of the case as found by the court: I. The claimant herein is a citizen of the United States, of the State of Michigan. II.

The Reporters' statement of the case: This case was tried on its merits, and on April 6, 1908, the court- made an order fixing the attorneys’ fees at $60,000, the distribution of same to be agreed upon by said attorneys on or before the first Monday in May, 1908, otherwise to be determined by the court.

The Reporters’’ statement of the case: On the trial of the case judgment was rendered against the claimants on certain items of the demand. The case now brought before the court is by motion for a new trial in the nature of an appeal, the claimants alleging errors of law and fact in various items of the findings. The court treats the hearing of the motion as a new trial and finds the following facts: THE FIRST CONTRACT, LOCK NO. 9.

The Re-porters’ statement of the case: The following are the facts of the case as found by the court: I. The claimant, Claude C. Brogden, was enrolled May 3, 1898, at Des Moines, Iowa, and mustered into the service as a private in Company C, Fifty-first Regiment Iowa Volunteer Infantry, on May 30, 1898, at Des Moines, Iowa.

The Reporters’ statement of the case: The grounds of the defendants’ motion sufficiently appear in the opinion of the court.

The Reporters'1 statement of the case: The following are the facts of the case as found by the court: I. Claimant is a corporation duly created and organized under the laws of the State of Florida for the purpose of transporting passengers and freight by railway. II.