Volume 56 — Court of Claims Reports

(3) For the sum of $5,810.18, appropriated for schools under Article V, and not so expended. (4) For the sum of $4,455.95, appropriated for the employment of blacksmiths and strikers and diverted to other purposes. (5) For $1,000 appropriated under Article VII, for horse mills, not expended, but covered into the surplus in the Treasury.

The Reporter's statement of the case: The following are the facts of the case as found by the court: I. Claimants are citizens of the United States and at all times hereinafter mentioned were members of a partnership known by the firm name of “Freund & Roemmich,” with offices in the city of St. Louis and State of Missouri, said partnership having been formed expressly for the purpose of engaging in the service of collecting and transporting the mail of the United States…

I. No officer or officers of the United States other than Col. George J. Lydeclcer insisted that all the material or materials to be removed from Upper Bock Shoal, Lower Bock Shoal, Middle Bock Shoal, Hackett Bock Shoal, and Bar Bock Shoal was clay, sand, gravel, and bowlders. III.

The Reporter's statement of the case: The following are the facts of the case as found by the court: I. Plaintiff prosecutes this suit as administrator de bonis non of the estate of John Collins, deceased, who was a citizen of the State of Alabama, residing in Hale County, in said State, and who died on the 22d day of June, 1867, leaving a will by which Charles W. Collins and Francis S. Lyon were named as executors.

The Reporter’s statement of the case : The following are the facts of the case as found by the court: I. On April 8, 1911, a contract was entered into by and between the United States and the plaintiff, the Bates and Rogers Construction Company,, of Chicago, Ill., for the construction of Lock and Dam No. 29, Ohio River, above Ash-land, Ky.

The Reporter's statement of the case: The following are the allegations of the plaintiff’s amended petition, to which defendant demurs: Plaintiff is a corporation organized under the laws of Missouri and operates a system of railways in said State arvl others; and has at all times borne true allegiance to the Government of the United States and never has aided, abetted, or given encouragement to rebellion against the Government.

The Reporter's statement of the case: The following are the facts of the case as found by the court: I. The plaintiff, The Washington Water Power Co., is and was during the period hereinafter stated a corporation organized for profit and engaged in business in the State of Washington. II.

The Beporter’s statement of the case: The following are the facts of the case as found by the court: I. On May 7, 1918, a contract was made and entered into by and between Bruce M. Brewer and T. Barton J ones, partners trading as Brewer & Jones, and the United States, represented by Lieut. Col. C. A. F. Flagler, Corps of Engineers, U. S. Army.

The Reporter's statement of the case: The plaintiff was unquestionably a classified competitive employee at the time of his removal and… Held: “It is not necessary to cite authorities to establish the proposition that where a person is unjustly suspended in the exercise of official duty, and the power having jurisdiction of him as an employee annuls such suspension, that the party is entitled to whatever emoluments there might be due him during the time of said suspension.”…

The Reporter's statement of the case: The allegations of the petition to which defendant demurs are sufficiently set forth in the opinion of the court.

The Reporter's statement of the case: The following are the facts of the case as found by the court: I. Plaintiff is a citizen of the United States and of the State of New York and has at all times borne true allegiance to the Government of the United States and has not in any way voluntarily aided, abetted, or given encouragement to rebellion against the said Government. II. The plaintiff, Thomas F. E. Ryan, is employed in the Customs Service of the United States.

The Reporter's statement of the case: ■The following are the facts of the case as found by the court: I. The plaintiff, Harold P. Parmelee, entered the Naval Academy on June 19, 1909; graduated June 6, 1913, and commissioned an ensign; served on the U. S. S. Maryland as signal officer and junior watch and division officer, and served as an instructor at the United States naval training station, Portsmouth, Ya.; served on the U. S. S. Louisiana as watch and division officer…

The Reporter’s statement of the case: The following are the facts of the case as found by the court: I. The plaintiff is a corporation duly organized and existing under the laws of the State of Delaware, and its officers and stockholders all citizens of the United States, with its main office at Washington, D. C., and its factory and place of business is Benton Harbor, Michigan.

The Reporter's■ statement of the case: The Federal estate tax is a tax upon the passing of property from the dead to the living; it is a toll taken from the property transferred and does not constitute a part of the estate which is received by the executors to be administered and settled. The tax relates not to an interest to which some person has succeeded by inheritance, bequest, or devise, but to an interest which has ceased by reason of death.

The, Reporter’s statement of the case: Since the creation of the Delaware corporation, the New Jersey corporation has been related to it only as a stockholder. For a short time it was the sole stockholder, but except for this short period in October, 1915, it has been but one of many stockholders. Like the plaintiff, the New Jersey corporation merely owned a portion of the Delaware stock. There should therefore be no confusion of the two corporations.

The Reporter’s statement of the case: The following are the facts of the case as found by the court: I. On May 19, 1906, the plaintiffs, Hubert D. Page and D. B. Brinton, citizens of the United States, jointly entered into a contract in writing with the defendant whereby they agreed to construct and complete schedules 2 and 3 of the Payette-Boise Canal project, in the State of Idaho, pursuant to plans and specifications submitted by defendant with the advertisement for…

The Reporter's statement of the case: The following are the facts of the ease as found by the court: I. The claimant, Arthur John Bancroft, was enrolled in the United States Marine Corps Reserve July 15, 1918, as a second lieutenant, provisional, upon completing the course of instruction at the Marine Officers’ Training Camp, Marine Barracks, Quantico, Virginia, and reported for active duty on the same date.

The Reporter's statement of the ease: The allegations of the petition, to which defendant demurs, are sufficiently set forth in the opinion of the court.

The Reporter’s statement of the case: The supplemental agreement between Col. Abbot and the claimant was without consideration to the Government; consequently claimant was not entitled to the extra compensation received thereunder for work done under the terms of the contract of September 30, 1916. The payment of the extra $4,000 was therefore unauthorized.

The Reporters statement of the case: The following are the facts of the case as found by the court: I. The plaintiff, a corporation organized under the laws of the State of West Virginia, entered into a contract in writing with the United States on June 20,1917, for the construction of buildings and other utilities at Camp Zachary Taylor near Louisville, Ky. A copy of said contract is attached to the petition as Exhibit A, and is made a part hereof by reference. II.

The Repórtelas statement of the case: The following are the facts of the case as found by the court: I. The plaintiff is the son and heir of Chauncey M. Lockwood, deceased, the contractor referred to in the next succeeding finding. II.

The Reporter’s statement of the case: The orders, rules, and regulations, established by the heads of the executive departments, with the approval of the President, in execution of or supplementary to, but not in conflict with statutes defining their powers or conferring rights upon others, have the force and effect of laws.

The Reporter's statement of the case: The allegations of the petition, to which defendant demurs, are sufficiently set forth in the opinion of the court.

The Reporter’s statement of the case: The following are the material allegations of plaintiff’s petition: That plaintiff is a corporation duly organized and existing under the laws of Kentucky, and was, and now is engaged as a common carrier by railroad in the transportation of passengers and freight between the points referred to herein, either directly over its own lines or in conjunction with connecting carriers.

<p>The Reporter's statement of the case:</p>

The Reporter's statement of the case: The following are the facts of the case as found by the court: I. On March 17, 1896, the plaintiff, Frank G. Farnham, a citizen of the United States, filed an application in the United States Patent Office for letters patent for improvements in stamp holders, upon which application there were granted and issued to him United States Letters Patent No. 596656, dated January 4,1898, a copy of which letters patent, marked “ Exhibit A,” is…

The Reporter's statement of the case: The following are the facts of the case as found by the court: I. The plaintiff is the administratrix of the estate of Louis Gathmann, deceased, and is a citizen of the United States, residing in the District of Columbia. The plaintiff’s decedent was a citizen of the United States for many years and, at the dates hereinafter mentioned, was a resident of the District of Columbia.

The Reporter's statement of the case: The following are the facts of the case as found by the court: I. The Old Colony Railroad Company is a railroad corporation duly organized and existing under the laws of the Commonwealth of Massachusetts, and the New York, New Haven & Hartford Railroad Company is a corporation duly organized and existing under the laws of the States of Connecticut, Rhode Island, and Massachusetts. II.

The Reporter's statement of the case: The following are the facts of the case as found by the court: I. The plaintiff, the Western Timber Treating Co., is a corporation organized and existing under and by virtue of the laws of the State of California for the purpose of engaging in the logging, lumber, and timber business, and of buying standing timber and cutting and selling the same.

The Reporter's statement of the case: The following are the facts of the case as found by the court: I. Plaintiff is the receiver, duly appointed, qualified and acting, of the International & Great Northern Railway Company, a corporation organized under the laws of the State of Texas, and for many years and at the times hereinafter stated did operate and still operates the system of railways in said State formerly operated by the said corporation.

The Reporter's statement of the case: The following are the facts of the case as found by the court: I. The plaintiff is a corporation duly incorporated under the laws of the State of Missouri.

The Reporter's statement of the case: The following are the facts of the case as found by the court :• I. The plaintiff is a corporation, duly incorporated on December 30, 1916, under the laws of the State of New York, as. L. Vogelstein & Co. (Inc.), with a capital stock of $5,000,000 divided into 50,000 shares of the par value of $100 each, and having its principal office and place of business in the city of New York, State of New York.

The Reporter’s statement of the case: The following are the material allegations of the petition, to which defendant demurs: That on or about December 15,1917, petitioner entered into an informal or implied agreement with an officer or agent acting under the authority, direction, or instruction of the Secretary of War of the United States on behalf of the United States for the payment by the United States to petitioner for extraordinary expenses incurred by petitioner in…

The Reporter’s statement of the case. The following are the facts of the case as found by the court: I. The plaintiff, the Baltimore & Ohio Eailroad Company, is a corporation organized under the laws of the State of Maryland, and operates, and at the time hereafter stated did operate, a system of railroads, which said railroads included a line running to Winchester, Va. II.

The Reporter’s-statement of the case: The allegations of the petition, to which defendant demurs, are sufficiently set forth in the opinion of the court.

The Reporter's statement of the case: The allegations of the petition, to which defendant demurs, are sufficiently set forth in the opinion of the court.

The Reporter’s statement of the case: The following statement is referred to in the opinion of the court: STATEMENT FROM ELEADINGS, ETC., IN CASE… Held: as a matter of law, that that provision of the contract would bind both the contractor and the Gov-eminent as long as the contractor was carrying on the work; but I have also held that it was not binding either upon the contractor or the sureties after the contractor ceased to do the work and while it was being done by the…

The Reporter's statement of the case: The following are the facts of the case as found by the court: I. The plaintiff, Harry W. Luskey, chief machinist’s mate, United States Navy, was, by authority of the commanding officer at Pensacola, Florida, confirmed by the Secretary of the Navy, detailed for duty involving actual flying in aircraft Sept. IS, 1915, and continued on that duty until after February 1, 1917.

The Reporter’s statement of the case: The following are the facts of the case as found by the court: I. The plaintiff is a copartnership composed of Le Baron S. Willard and John E. Sutherland, doing business under the firm name and style of Willard, Sutherland & Company, and is and was engaged in the mining and shipping of coal with its principal place of business in the city of New York and with operating branches in Philadelphia, Baltimore, Newport News, and Boston. II.

The Reporter's statement of the case: The following are the facts of the case as found by the court: I. The plaintiff, Arthur P. Friend, is a citizen of the United States, and in February, 1917, and for some time thereafter, was actively engaged. in the business of ship broker, as sole member of, and trading and doing business under the name of, Walter, Friend & Co. II.

The Reporter's statement of the case: The following are the facts of the case as found by the court: I. In the year 1901 the Norfolk-Hampton Roads Company, a corporation, having its principal place of business at Norfolk, Virginia, had title to and owned a tract of land at Sewells Point, Va., lying on or abutting the waters known as Hampton Roads or Willoughby Bay.

The Reporter’s statement of the case: The allegations of the petition to which defendant demurs are sufficiently set forth in the opinion of the court.

The Reporter's statement of the case: .The following are the facts of the case as found by the court: I. The plaintiff is a corporation duly organized and existing under the laws of the State of California. - During the period here involved it maintained intimate business relations with the Crown Lumber Company, operating a mill at Mulkilteo, Washington, and the Puget Sound Mills and Timber Company, operating a mill at Port Angeles, Washington, and these relations, the…

The Reporter's statement of the case. The following are the facts of the case as found by the court: I. The plaintiff is and has been at all times herein mentioned a corporation of the State of New York engaged in the business of shipping Pocahontas smokeless coal and coke, having its office and principal place of business at No. 1 Broadway, New York City, and operating branch offices in Boston, Norfolk, Cleveland, Bluefield, London, and elsewhere. II.