text:
Whitridge v. Dill/Opinion of the Court

This is an appeal from a decree of the Circuit Court of the United States for the district of Maryland. The libel was filed in the District Court on the thirty-first day of March, 1855. It was a proceeding in rem against the schooner Fannie Crocker, and was instituted by the libellants, as the owners of the schooner Henry R. Smith, to recover damages on account of a collision which took place between those vessels on the ninth day of March, 1855, in the Chesapeake bay, whereby the latter vessel was run down and totally lost. As alleged by the libellants, their vessel sailed the day previous to the collision, from Hampton roads, in the State of Virginia, laden with a valuable cargo of oysters, and bound on a voyage to New Haven, in the State of Connecticut.

They also allege, that at half past eight o'clock, in the evening of the day of the collision, the wind being then from the northwest, and blowing a fresh breeze, and when their schooner was heading one point to the eastward of north, close hauled on the wind, another schooner was seen on their larboard quarter, about one-third of a mile distant; that the strange schooner sailed faster than the vessel of the libellants, and soon came up with and abeam of their vessel, when she put her helm up, bore away, and coming down on the vessel of the libellants, head on, struck her abreast the cabin, and so damaged her that she sunk in a few minutes, leaving the master and crew only time to escape on board the colliding vessel.

Many other facts and circumstances are stated in the libel to show that those on board the vessel of the libellants were not in fault, and that the collision was occasioned wholly through the unskilfulness and negligence of those in charge of the vessel of the claimants. In their answer, the claimants admit the collision, and that the vessel of the libellants was lost, but they deny that the circumstances attending the disaster are truly stated in the libel.

According to their account of the circumstances, it became necessary for the Fannie Crocker, between eight and nine o'clock in the evening of that day, and just before the collision, to tack, in order to alter her course. At that time, as they allege, she was heading towards the southern and western shore, but being under a double-reef mainsail, foresail, and jib, and in ballast trim, she failed to go round. Similar attempts, as they allege, were several times repeated, but without success. Finding that the vessel would not go round, the master then gave the order to wear ship, and in executing that order the main peak was lowered to enable the vessel to wear rapidly; but when the main boom passed over the deck, the wind caught the sail and threw it over the main gaff, and tore the sail from the leach-rope, rendering it perfectly useless. While assisting to execute this order, one of the seamen had his leg caught in the fore-sheet, and was severely injured, when all hands, except the master, who was at the wheel, went to relieve the seaman. After disengaging the seaman from his dangerous situation, the rest of the hands, as the claimants allege, were called to haul in the mainsail, which was then dragging in the water, and at this juncture another vessel, which subsequently proved to be the schooner of the libellants, was seen on the starboard quarter of the claimants' vessel, some three or four lengths off. In order to prevent the two vessels from coming in contact, the claimants allege that the helm of their vessel was put hard up, with a view to go to the stern of the strange vessel; but the effort was unavailing, and the two vessels came together, and, as the claimants allege, wholly through the carelessness and unskilful management of those in charge of the other vessel, in not altering their course in proper time to avoid a collision.

Some particularity has been observed in stating the defence, in order that the respondents may have the full benefit of the position they have assumed.

Two witnesses only were examined, on the part of the libellants, in respect to the circumstances of the disaster. In the District Court a decree was entered for the libellants, allowing them the full value of their vessel and cargo; and on appeal to the Circuit Court, that decree was affirmed. Whereupon the respondents appealed to this court.

From the pleadings and evidence, it satisfactorily appears that the Henry R. Smith was a schooner of one hundred and thirty-four tons, and that she was laden with oysters, and bound on a voyage to New Haven, in the State of Connecticut. She was a stanch vessel, well manned and equipped, showed a proper light at the time of the collision, and had a sufficient and competent lookout. On the other hand, the Fannie Crocker was a schooner of two hundred and twenty-two tons, sailing in ballast, and was bound on a voyage from Dighton, in the State of Massachusetts, to Baltimore, in the State of Maryland. Like the other vessel, she was stanch, and well manned and equipped, but failed to show a light at the time of the collision, and had no sufficient lookout stationed on any part of the vessel. All of the witnesses state that the night was clear, and that there was no difficulty in seeing objects without lights at considerable distance. They mention no circumstance tending to authorize the conclusion that the collision can be justified or excused on account of the character of the night or the difficulties of the navigation. Occurring, as it did, inside of the capes, in the open bay, of a clear night, with no difficulties to encounter, except a fresh breeze from the northwest, it is obvious that one or both of the vessels must be in fault. They were both sailing in the same general direction; but the vessel of the respondents, being in ballast, and the larger of the two, was moving through the water at the greater speed. She was astern of the other vessel, and somewhat to the windward, but was sailing on a line converging to the track of the other vessel; and both vessels were close hauled on the wind.

Terry, the mate of the libellant's vessel, says when he first saw the other schooner, she was half a mile distant on the weather quarter. At that time both vessels were on the wind and standing the same way-to the northward and eastward. According to his account, the vessel of the respondents sailed faster than the vessel of the libellants, and ran down until she got abreast of her to the windward, when she was about fifty rods distant. He also states, that when they first saw that she was coming down on them, they put the helm of their vessel up, and tried in every way to keep clear of her, but could not, as she had fallen off from her course, and was then before the wind.

Another witness (a seaman) was also examined by the libellants. His testimony substantially confirms the mate, and clearly shows that the vessel of the libellants was ahead, and that the other vessel was to the windward, and moving through the water much faster than the vessel of the libellants.

Both witnesses testify in effect that the approaching vessel, when she was nearly abreast of their vessel, fell off and struck the vessel of the libellants on the larboard quarter, as alleged in the answer. The both affirm that they had a sufficient and competent lookout and proper lights.

Several witnesses were also examined on the part of the respondents. Their account of the circumstances attending the disaster differs in several particulars from that given by the witnesses examined by the libellants. They all agree, however, that the vessel of the libellants was not seen by any one on board their vessel until she was so near that all efforts on their part to prevent a collision were unavailing.

In effect, they also admit that their vessel, at the time of the collision, had no lookout engaged in the performance of that duty. On this latter point, the master says that he had directed the steward, a colored man, to keep a lookout, and adds, that he was somewhere about the main deck. But all hands had been called to haul in the mainsail, and the second mate states that he first saw the vessel of the libellants while he was engaged with the other hands in endeavoring to accomplish that object. When he saw the vessel, he says she was only about three times the length of his vessel off. At that time, all the hands, except the steward, were aft the mainsail, where they could not see the other vessel without changing their position. She was first described by the second mate as he stepped up on to the 'lazy board,' so called, in order to haul up the damaged sail. He then cried out to the master to put the helm down, but the mate at the same time sung out to put the helm up. In this confusion, the master adopted the suggestion of the mate; and he admits that the steward, when the alarm was given, came running aft, and assisted him in changing the helm.

Two other witnesses state that the steward assisted the master in putting up the helm; and one of them says that no particular person was keeping watch, and attempts to justify the neglect upon the ground that it is not customary to have a man forward when all hands are called to take in the sails.

Suffice it to say, without entering more into detail, that the testimony of the respondents shows conclusively that their vessel had no sufficient lookout at the time of the collision; and the second mate, who first discerned the vessel of the libellants, testifies, without qualification, that if they had seen her three or four minutes sooner, they could have cleared her and prevented a collision.

From these facts, which are proved beyond doubt, it necessarily follows that the vessel of the respondents was in fault. She had no lookout; and the neglect of that precaution contributed to the disaster, and in all probability was the sole cause that produced it.

2. Assuming that the vessel of the respondents was not sufficiently to the windward to have passed the other vessel in safety, then she was also in fault, because she did not seasonably give way, and pass to the right. Where a vessel astern, in an open sea and in good weather, is sailing faster than the one ahead, and pursuing the same general direction, if both vessels are close hauled on the wind, the vessel astern, as a general rule, is bound to give way, or to adopt the necessary precautions to avoid a collision. That rule rests upon the principle that the vessel ahead, on that state of facts, has the sea-way before her, and is entitled to hold her position; and consequently the vessel coming up must keep out of the way.

Speaking of steamers, Judge Betts said, in the case of the Governor, Abbott's Adm. R., 110, that the fact that they were running in the same direction, the one astern of the other, imposed upon the rear boat an obligation to precaution and care, which was not chargeable, to the same extent, upon the other. He accordingly held, that a vessel in advance is not bound to give way, or to give facilities to a vessel in her rear, to enable such vessel to pass; but that the vessel ahead is bound to refrain from any manoeuvres calculated to embarrass the latter vessel while attempting to accomplish that object. Similar views had previously been announced by the same learned judge, in the case of the steamboat Rhode Island, decided in 1847. In that case, it is said the approaching vessel, when she has command of her movements, takes upon herself the peril of determining whether a safe passage remains for her beside the vessel preceding her, and must bear the consequences of misjudgment in that respect. No immunity is extended by the law to the one possessing the greater speed; and so far from encouraging the exercise of the power to its utmost, the law cautiously warns and checks vessels propelled by steam against an improvident employment of speed, so as to involve danger to others, being stationary or moving with less velocity. Olcott's Adm. R., p. 515.

That case was appealed to the Circuit Court, where it was affirmed. The Rhode Island, 1 Blatch. C. C., 363.

Emerigon says, a ship going out of a port last is to take care to avoid the vessel that has gone out before her, and he mentions the case of a small vessel which went out of the port of Marseilles, and in tacking struck a boat that went out before her, which was also tacking. Claim for damages was made by the boat, and the judges were of opinion that the vessel going out last is to take care to avoid the one before it. Emerigon, chap. 12, sec. 14, p. 330. Other continental authorities may be cited to the same effect. Whether it be by night or day, says Valin, b. 2, p. 578, the ship that leaves after another, and follows her, should take care to avoid a collision, without which she will have to answer in damages. Sibille de Abordage, sec. 249.

We are not aware that the precise question presented in this case has been ruled by any of the Federal courts. Remarks are certainly to be found in the opinion of the court in the case of the Clement, 17 Law Rep., 444, which are inconsistent with the proposition here laid down. That case was appealed to the Circuit Court, and was there affirmed. But the remarks to which we refer were not necessary to the decision of the cause, and we think they must be received with some qualification. The Clement, 2 Cur. C. C., 368, sec. 1; Pars. Mar. Law, p. 197, note 2.

Without further discussion of the general principle at the present time, it will be sufficient to say, that we are satisfied that the rule assumed in this case is one well calculated to prevent collisions, and that it is one which ought to be constantly observed and enforced in all cases where it is applicable. That exceptional cases may arise is not at all improbable; but it will be the proper time to consider them when they are presented for decision. For these reasons, we are of the opinion that the vessel of the respondents was wholly in fault. Objection was made to the damages as excessive, on the ground that the vessel might have been raised from where she was sunk. After a careful examination of the testimony, we think the objection cannot be sustained.

The decree of the Circuit Court is therefore affirmed with costs

title: Whitridge v. Dill/Opinion of the Court


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/2031

 cclx.u INDEX. Trw:ton Canyon, Ariz., Paae. appropriation for Indian school at_ 217, 1578 Truzton Canyon Indian Hoapital, Ariz., appropriation for su~port, etc., oL_ 220,1581 Tubercular Pupils, D. C ., appropriation for maintenance schools for _______________ _ for transportation _____________ _ Tuberculin, Serumtl, etc., of 661, 1278 661,1278 appropriation for investigating ani- mal ______________________ 546,1197 Tuberculosia, D. C., appropriation for preventing spread oL _______________________ 667,1284 for dispensaries for treating _____ 668, 1284 TuberculolH3, etc., Animal, appropriation for preventing spread of, from one State to another ___ 546,1196 payment for animals destroyed; limit _____________________ 546,1196 Tuberculom Hospital, D. C ., appropriation for salaries _________ 675,1291 for contingent expenses _________ 675, 1291 for repairs and improvements____ 675, 1291 for study, etc., for a sanatorium for tubercular children____________ 1291 Tucker, Edwin, deficiency appropriation for indemnity to Great Britain for death oL__ 911 payment directed to Great Britain, as indemnity for death of, killed by Army ambulance in Colon, Pan- ~- Tuckerman Street NW., D. C ., appropriation for paving, etc., Seventh to Eighth Streets; from gasoline 489 tax fund_____________________ 1270 TUC3on, A,'iz., appropriation for public building___ ___ 1044 deficiency appropriation for completing road from, to Ajo, within Papago Indian Reservation____________ 18 for public building at__ ____________ 924 buildings, etc., on old Army aviation field donated to_______________ 572 construction for Army Air Corps, au thorized at___________________ 1305 Tucumari, N. Me:z., deficiency appropriation for dry-land field station, improvements_____ 1633 Tug Fork oj Big Sandy River, two bridges authorized across, near Devon, W. Va________________ 157 Tulalip Indian Hospital, Wash., appropriation for support, etc_ _ ______ 1582 Tule River Agency, Calif., appropriation for support, etc., of In- dians at_ _ _ _ ____ _____________ 222 Tule River Indian Reservation, Calif., boundaries of, changed _____________ _ Tulsa, Okla., 600 deficiency appropriation for public build- ing at.______________________ 924 States, and foreign countries, invited to participate in International Pe- troleum Exposition at_________ 788 terms of court at____________________ 1518 Tunlaw Road NW., D. C., appropriation for jlavhlg, etc., Thirty- seventh to Beecher Streets; from gasoline tax fund_____________ 1270 Tupelo Battle Field, Miss., deficiency appropriation for__________ 1666 site to be acquired for marker to com- memorate____________________ 1254 Tupelo Battle Field, Mis8.- Continued. Page. site to be acquired for marker; sum authorized for, fences, etc_______ 1254 annuo.1 amount authorized for main- tenance______________________ 1254 Turkey, appropriation for ambassador to ____ 65, 10~6 for launch for embassy, O:>nstanti- nople______________________ 66, 1097 for expenses of American prisoners, etc., in______________________ 1107 living quarters, heat, household equip- ment, etc., furnished to Foreign Service personnel, etc., in Gov- ernment buildings in _________ _ G7 Turner, J. E., may br~13~ 801:41, 25 September 2010 (UTC)~_01:41, 25 September 2010 (UTC)_:!TarmstroBot (talk) 01:41, 25 September 2010 (UTC)r: 403 time extended for bridging Ocmulgee River, at Fitzgerald, Ga., by____ 1447 Turtle Mountain Indian Agency, etc., N. Dak., appropriatioll for 'water and sewers_ ___ 1567 Turtle Mountain Indian Hospital,N. Dak., appropriation for maintenance, etc., oL 221, 1582 1582 for improvements, etc ____________ _ Turtl8 Mountain Indian Reservation, N. Dak., appropriation for road constructioIL__ _ deficiency appropriation for consoli- dated day school at Belcourt, construction ________________ _ Twelfth Place NE., D. C., appropriation for paving, etc., Upshur to Varnum Streets; from gaso- line tax fund ________________ _ Twelfth Street SW., D. C., appropriation for paving, etc., Virginia Avenue to D Street; from gaso- line tax fund ________________ _ Twentieth Street NE., D. C ., appropriation for paving, eic., Monroe to Otis Streets; from gasoline tax fund _______________________ _ 221 1640 1271 654 653 Twenty-eight HOUT Law, Animal Transpor- tation, appropriation for executing ___. ___ _ 54 5, 1196 Twenty-fifth Street NE., D. C ., appropriation for paving, etc., Girard to Hamlin Places; from gasoline taxfund_____________________ 1271 Twenty-fifth Street BE., D. C ., appropriation for paving..!, etc., Minne- sota Avenue to .Naylor Road; from gasoline tax fund________ 1272 Twenty-fourth Street NE., D. C., appropriation for paving, etc., Rhode Island Avenue to Otis Street; from gasoline tax fund________ 653 TwentY-8econd Street NE., D. C., appropriation for paving, etc., Quincy Street to Bunker Hill Road; from gasoline tax fund________ 1271 Twenty-third Street NW./ D. C ., appropriation for paVlng, etc., M to N Streets; from gasoline tax fund_ 653 Twenty-third Street SE., D. C ., appropriation for pavins.. etc., Minne- sota Avenue to ~ Street; from gasoline tax fund_ _ _ __________ 1272 Twine and Tying Devices, Postal Service, appropriation for ________________ 192,1054

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text: Talk:Whitridge v. Dill/Opinion of the Court


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/2032

 INDEX. cclxxxi Typetoriting Machiae8 (see also General Pale. Supply Committee), issue, etc., through General Supply Committee__ ____________ ____ _ 1030 prices established for standard________ 1030 Typhoid Fever, appropriation for prevention of epi- demic ____________________ 17~ 1040 Typhus Fever, appropriation for prevention of epi- demic ____________________ 17~ 1040 Tyrone, Pa., appropriation for public building_ _ _ _ _ 1044 deficiency appropriation for public building at___________________ 925 u. U Street SE., D. C., appropriation for pavine, etc., Sixteenth Street to Fendall Place; from gasoline tax fund_ _ _ _ ___ ___ ___ 1272 for paving, etc., Fourteenth to Six- teenth Streets; from gasoline tax fund________________________ 654 Uintah Agency, Utah, appropriation for support, etc., of In- dians aL____________________ 1571 Uimah and Ouray Agency, Utah, appropriation for support, etc., of In- dians at __ ________________ 223, 1584 amount available for State experi- ment farm ________________ 223, 1584 Uintah County, Utah, appropriation for aid to public schools in, from Indian funds ______ 220, 1581 Uintah Indian Boarding School, Utah, appropriation for dining hall and equip- menL_ ____ _______ ______ ____ _ 1578 Uintah Ute Indians, Utah, appropriation for irrigating allotted lands of. _____ _____ _____ __ 2 14,1575 for payment to; from tribal funds of Confederated Bands of Utes_ 224,1586 from accrued interest. __ ___ __ _ 2 24,1586 Ukiah, CaliJ.} aDpropriation for expenses, Interna- - tional Observatory at_______ 97,1127 Umatilla Agency, Oreg., appropriation for support, etc., of In- dians at. _________________ 223,1584 Uma{illa Indian Reservation, Oreg., lands reserved from sale for use of Indians of, as tribal grazing grounds_____________________ 1008 Uncompahgre Irrigation Project, Colo., defiCiency appropriation for purchase of water rights, Ironstone Ditca. Company____________________ 1642 Uncompahgre Ute Indians, Utah, appropriation for irrigating allotted lands of. __________________ 214,1575 for payment to, from tribal funds of Confederated Bands of Utes_ 224, 1586 from accrued interest. ______ __ 2 24,1586 Undersecretary of State, appropriation for _________________ 64, 1095 Undersecretary of the Treasury, appropriation for ________________ 162,1028 Uniform Fiduciaries Act} D. C ., provisions as to liability in breaches of fiduciary obligatIOns, etc____. _ _ 509 terms defined; "Bank" ______________ 509 "Fiduciary" _ _ ____ ____ ____ ____ ___ 510 "Person" _ _ _ _ _ _ _ ________________ 510 Uniform Fiduciaries Act, D. C. -Contd. Pale. terms defined; "Principal" __ __ _______ 510 a thing "done in good faith" if hon- estly, whether negligently or not_ 510 persons paying in good faith moneys, etc., to fiduciaries not responsible for its application_____________ 510 rights, not invalid by misapplication of fiduciary__________________ 510 corporation not bound to inquire whether fiduciary committed breach of obligation in transfer of securities of, registered in his name________________________ 510 liable in transfer registered with knowledge of brea~h___________ 510 indorsee not bound to inquire if nego- tiable instrument was indorsed by fiduciary without committing breach of obligation___________ 510 chargeable if taken with actual knowledge of bad faith________ 510 liability if transferred personal debt of fiduciary ___ __ _____ __ _____ _ 510 responsibility as to checks drawn by fiduciary, as such, to a third person_______________________ 510 if for personal debt of fiduciary, payee liable to principal, if with knowledge of breach of obligation____ ___ ___ _ ______ _ __ 510 responsibility for check drawn by fiduciary as such and payable to himself personally, and trans- ferred in payment of his personal debt_________________________ 511 bank authorized to pay check of fidu- ciary on deposit by him as such without liability to principaL__ 511 unless with knowledge of breach of ohligation_ ___ ____ ___ _______ _ _ 511 if delivered to bank in payment of personal debt of fiduciary in breach of trust_ _ _ ___ __ _____ __ 511 banks authorized to pay checks em- powered to be drawn by fidu- ciary upon principal's account__ 511 liability if payment for personal deht of fiduciary to the bank, and committing breach of obligation_ 511 responsibility of bank for deposit, in his personal account by fiduci- ary, of check drawn on account of name of principal, and in- dorsed by fiduciary____________ 511 liability if possessing knowledge of breach of obligation___________ 512 authority of a truste~ to draw upon deposits in name of two or more trustees___________ ._ __ __ _ 512 provisions hereof not applicable to prior transactions_____________ 512 general rules of law and equity appli- cable to cases not provided for in this Act___________________ 512 uniformity of interpretation, with Statelaws___________________ 512 title of Act_________________________ 512 inconsistent laws repealed____________ 512 effective upon passage_______________ 512 Uniform State Laws, National Conference of Commissioners 011, appropriation for aid to, etc_______ 651,1269 Umon and Ashley Co'Umiea, Ark., bridge !luth~rized across Ouachita FUver,ln______~ _____________ 1075

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Page:United States Statutes at Large Volume 45 Part 1.djvu/2033

 cclxxxii INDEX. Union, Nebr., P~8. bridge authorized across Missouri River, at___________________________ 1076 Union SpringlJ, Ala., deficiency appropriation for public building at_ ________ _____ _____ 1662 Uniontown, Pa., deficiency appropriation for public building at__ _______ ___ ____ ___ 1662 United Kingdom (see Great Britain). United States Code, Annotated, limitation on purchase price__________ 1108 price limit on current, and future vol- umes, for judicial officers_______ 1112 United States Court/or China, appropriation for loss by exchange __ 66, 1097 for salaries and expenses _________ 76, 1107 deficiency appropriation for judge. ad- ditional compensation _ _ __ ___ __ 1612 salary fixed of judge oL_____________ 997 United States Court8, appropriation for Chief and Associate Justices of the Supreme Court 79, 1109 for printing and binding for Supreme CourL ____________________ 79,1109 for circuit judges________________ 79, 1110 for district judges_______________ 79,1110 forretiredjudges _______________ 79,1110 for national park commissioners___ 79, 1110 for Court of Customs Appeals ____ 79, 1110 for Court of Claims _____________ 79,1110 for Territorial courts ____________ 80,1111 for salaries, etc., marshals________ 80,1111 for salaries, etc., district attorneys and assistants ______________ 80,1111 for payments to regular assistants_ 80, 1111 for assistants in special cases_ _ ___ 80, 1111 foreign counseL ______________ 80,1111 pay restriction________________ 80, 1111 forc1erks ______________________ 81,1111 for commissioners, etc ___________ 81, 1111 forjurors ______________________ 81,1111 for witnesses ___________________ 81,1111 forrentofcourtrooms __________ 81,1112 for bailiffs, etc__________________ 81, 1112 for expenses of judges, etc_ _ _ _ ___ 81, 1112 for expenses of jurors, etc ________ 81, 1112 for jury commissioners __________ 81,1112 for miscellaneous; Alaska ________ 81, 1112 for supplies ____________________ 81,1112 for law books for judicial officers__ 81, 1112 for Federal Reporter ____________ 81,1112 price limit, United States Code, annotated___________________ 1112 Cor penitentiary, maintenance, Leav- enworth, Kans ______________ 82,1113 Atlanta, Ga__________________ 82,1113 McNeil Island, Wash___ .. __ _ _ _ _ 82,1113 for Federal Industrial Institution fv.· Women __________________ 82, 1113 for Industrial Reformatory _______ 82,1113 for National Training School for Boys, D. C _________________ 83,1114 for probation system_____________ 83,1114 for support of prisoners__________ 83,1114 limit of contracts for keeping pris- oners________________________ 83 for inspection of prisons and prison- ers ________________________ 83,1114 for printing and binding___________ 77,1108 deficiency appropriation for increased compensation, Supreme Court Justices__ _ _ _ _ __ _____________ 20 for increased compensation, circuit, district, and retired judges_____ 20 United State8 Courts-Continued. Page. deficiency appropriation for increased compensation, Court of Customs Appeals judges_______________ 20 for increased compensation, Court of Claimsjudges________________ 20 for increased compensation, Alaska jud~es, etc___________________ 20 for distnct judges__________ 20,1610,1645 for marshals, etc_________________ 20, 42, 47,905,934,937,1617,1621,1671,1673 for special assistant attorneys_____ 20, 1617, 1645,1671, 1673 for clerks, etc _________ 20, 1617,1621,1646 for commissioners ________________ 21,42, 44,47,906,934,1610, 1617, 164~ 1671 for costs, Mexican Petroleum Com- pany suiL.. __________________ 21 for transcript of testimony in case of Earl Battice_________________ 21 for expenses of Commissioner in case of Oklahoma against Texas_ _ _ _ 21 for bailiffs, etc__________ 21,906,934, 1610 for books for judicial officers__ __ __ 21, 906, 934, 1646 for penitentiaries ___________ 21,906,1646 for Industrial Reformatory, Chilli- cothe, Ohio_ _ _ _______________ 22 for Industrial Institution for Women_ 22 for National Training School for Boys________________________ 22 for support of prisoners_ _ ___ ____ __ 22, 47, 934,1610,1617,1647 for paying judgments of, under Tucker Act ________ 3~ 931, 1615,1669 for paying judgments of, under special Acts _______ AO, 931,1615,1670 for Judgments of, collision damages and admiralty suits___________ 40, 931, 1615, 1669 for judgments of, under Lever Act _________________ _________ 9 31, 1666 for district attorneys_ 44,47,934,937, 1621 for miscellaneous expenses_ ____ _ _ _ _ _ _ 44, 47,906,1617,1646 for jurors _____________ 47,934,1617,1671 for witnesses __________ 47,934,1617,1671 for national park commissioners____ 905 for Court of Claims_______________ 905 for Supreme Court of United States_____________________ 905, 1645 for supplies ___________________ 906, IG17 for judges, Hawaii courts___________ · 16l for judgments, California northern district, sealing cases__________ 1615 for judgment, Virginia eastern dis- trict, for Housing Corporation__ 1615 for printing and binding _______ 1617,1644 for regular MSistant attorneys______ 1646 for courthouse, Nome, Alaska______ 1646 for building, New York City, for detention of Federal prisoners_ _ 1647 for salaries, 1929, under____________ 1684 for penal and correctional institu- tions, salaries, 1929, under_____ 1684 second circuit, additional circuit judge authorized for________________ 1081 sixth judicial circuit to have four circuit judges______________________ 492 ninth circuit, additional judge author- ized for______________________ 1414 ten judicial circuits constituted________ 1346 eighth circuit divided______________ 1346 tenth circuit added________________ 1347 number of judges for each circuit. _ _ 1347

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text: Dictionary of National Biography, 1885-1900/Long, Charles (1761-1838)


text:
Jenkins v. Banning

THIS case was brought up by writ of error from the District Court of the United States for the district of Wisconsin.

The case is stated in the opinion of the court.

It was argued by Mr. Gillet for the defendant in error, no counsel appearing for the plaintiffs.

Mr. Gillet said that the practice of an inferior court is not the subject of review upon a writ of error; and the amendments permitted to be made to the plaintiff's declaration were within the discretion of the court below, and cannot be reviewed or reversed on error.

Mr. Justice CLIFFORD delivered the opinion of the court.

title: Jenkins v. Banning


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/2034

 United States Court8--Continued. ten judicial circuits constituted; places designl\ted for holding circuit courts of appeals_____________ _ e.ssign.me~t of judges of the eighth clrcUlt______________________ _ if residing in the circuit as consti- tuted by this Act to be the judge thereof_____________________ _ if residing in tenth circuit as created by this Act, to be the judge thereof _____________________ _ proceedings pending in eighth cir- cuit, if hearing held to be con- tinued therein _______________ _ proceeding pending, if no hearing etc., had been held, to be trans- ferred to the proper circuit as now established ______________ _ Arkansas western district. ___ __ __ __ _ _ California districts _________________ _ Florida southern district, additional judge_______________________ _ Illinois northern district, vacancy in office of additional judge for, to be filled ____________________ _ Indiana judicial districts ___________ _ Mississippi northern district, judge authorized for _______________ _ New York eastern district, two addi- tional judges authorized ______ _ southern district, three additional judges, authorized for ________ _ North Carolina western district, terms of court ____________________ _ Oklahoma district3_________________ _ Pennsylvania middle district, addi- tional judge authorized for ____ _ South Carolina eastern and western districts, additional judge au- thorized for _________________ _ South Dakota district, additional judge authorized for _______________ _ Texas northern district, Lubbock di- vision created _______________ _ Vermont districL __________________ _ additional judge authorized for Iowa southern district_____________ _ accounts of marshals end commission- ers to be rendered quarterly-, etc_________________________ _ circuit courts of appeals; appellate jurisdiction over interlocutory orders of district courts, ex- tended to Territories, Virgin Islands and Canal Zone______ _ Court of Customs and Patent appeals, title of Court of Customs Appeals changed to__________________ _ Federal prison camps to be established__ Industrial Institution for Women, erec- tion of chapel at, from donated funds _______________________ _ jurors, service and return of wr:ts of venire facias by marshal, etc ___ _ by registered maiL ______________ _ receipt of person addressed re- garded as service _____________ _ Okfuskee County transferred from Okla- homa northern district to the eastern _____________________ _ powers, etc., of, officials, in enforcing Migratory Bird Conservation Act ________________________ _ retired judges, prnvisions relating to___ _ INDEX. cclxxxiii Page. 1347 1348 1348 1348 1348 1348 58 1424 1081 974 437 1422 1409 1317 457 1518 1344 1319 1317 747 1345 52 998 422 1475 1318 1509 1145 1145 1145 440 1225 1423 United Statea Courts-Continued. Supreme Court, marshal's salary, • duties, etc., specified _________ _ writs of error, abolished; relief obtain- able by appeal.______________ _ statutes regulating right to writ of error made applicable to appeal substituted therefor__________ _ terms of court at Ada, Okla_________ _ Ardmore, Okla __________________ _ Asheville, N. C __________________ _ Bartlesville, Okla ________________ _ Bryson City~ N. C _____ _____ ____ _ _ Charlotte, N. C ____ ___ ___ ____ ___ _ _ Chickasha, Okla _________________ _ Durant, Okla ___________________ _ Durham, N. C ______ _____ ______ _ _ EI Dorado, Ark _________________ _ Elizabeth City, N. C _____________ _ Enid,Okla_____________________ _ Eureka, Calif_______________ .. ____ _ Evansville, Ind __________________ _ Fayetteville, N. C _______________ _ Fort Smith, ArL ________________ _ Fort Wayne, Ind ________________ _ Fresno, Calif ____________________ _ Guthrie, Okla ___________________ _ IIammon~, Ind__________________ _ IIarrison, Ark ___________________ _ IIugo, Okla _____________________ _ Indianapolis, Ind ________________ _ Lawton, Okla ___________________ _ Los Angeles, Calif _______________ _ Lubbock, 'I'ex ___________________ _ Mangum,Okla __________________ _ Miami, Okla ____________________ _ Muskogee,Okla _________________ _ New Albany, Ind ________________ _ New Bern, N. C _________________ _ Oklahoma City, Okla ____________ _ Okmulgee. Okla _________________ _ Pauls Valiey, Okla _______________ _ Pawhuska1.okla_ --- - - Poteau, OJUa ____________________ _ Raleigh, N. C ___________________ _ Sacramento, Calif____. ___________ _ San Diego, Calif_________________ _ San Francisco, Calif______________ _ Shelbyt,.N.C_ - ___ - ______________ _ South ~nd,lnd _________________ _ South McAlester, Okla___________ _ Statesville, N. C _________________ _ Terre IIaute, lnd ________________ _ Texarkana, Ark _________________ _ Tulsa,Okla_____________________ _ Washington, N. C ____ ___ ____ ___ _ _ Wilmington;..N. C _______________ _ Wilson, N. v ____________________ _ Woodward, Olda________________ _ United Statea Securities, appropriation for distinctive paper for_ Pace. 424 45 466 1518 1518 457 1518 457 457 1518 1518 495 59 495 1518 1424 438 495 59 438 1424 1518 438 59 1518 438 1518 1424 747 1518 1518 1518 438 495 1518 1518 1518 1518 1518 495 1424 1424 1424 457 438 1518 457 438 58 1518 495 495 495 1518 166, 1032 deficiency appropriation for distinctive paperfor____________________ 1653 radio advertishg in connection with p'ublic debt issues, payable from 'Expenses of Loans" __ _ _ _ _ 166, 1032 United States Ship:r'ng Board (see Ship- ping Boar, United States). United Statea Supreme Court Building Commission, deficiency appropriation for procuring plans, etc., for construction of the building__ ___ ______ ___ ____ 1609

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text: Dictionary of National Biography, 1885-1900/Long, Charles Edward


text: Talk:Jenkins v. Banning

title: Talk:Jenkins v. Banning


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/2035

 cclxxxiv INDEX. UnitedStateaSupremeCour~Building Com- p. . .. misBion-Gontinued. created; composition _______________. : 1066 Architect of the Capitol to serve as executive offieer __ _ _ ___ _______ 1067 to procure preliminary plans, etc., for buildin~ for exclusive use of United /States Supreme Court on acquired site_________________ 1067 limit of expense; report to Congress by March 1, 1929_______________ _ sum authorized for expenses_________ _ tim~ for submitting report extended __ Congressional member, not reelected to nst Congress, to continlie serv- 1067 1067 1261 iee__________________________ 1698 appointment of sueeeBSOr in event of death or resignation___________ 1698 Universal P08tal Congres8, London, appropriation for expenses of delegates to _________________________ _ Unknown Soldier', To1'lb, Arlington Na- tional Cemetery, 191 appropriation for paying for design, plans, etc., oL_______________ 1378 contracts for construction, etc., authorized___________________ 1378 approaches and surroundings to be constructed__________________ 1378 deficiency appropriation for securing competitive designs for com- Upper Ji01:41, 25 September 2010 (UTC)pyi"Riv~-wiI;iYAJ;-a~ Fish Refuge, 37 appropriation for construction, equip- ment,ete____________________ 100 for acquiring land, etc., expenses, etc.,oL __________________ 559,1210 for maintenaneeJ,.etc______ _________ 1130 gift of lands in \Jlayton County for, accepted____________________ _ to become apartofrefuge _________ _ purchase price for land, etc., inereased_ Upshur Street NE., D. C., appropriation for paving} etc., Twelfth Street to Sargent Road; from 420 420 502 653 gasoline tax fund ________ - - __ -- for paving, etc., Tenth to Twelfth Streets; from gasoline tax fund_ _ 1271 for paving, etc., Sargent Road to Michigan Avenue; from gasoline tax fund_____________________ 1271 Upton Street NW., D. C ., appropriation for paving,_ etc., Thirty- eighth Street to Wisconsin Ave- nue; from gasoline tax fund_ _ __ 1269 Urbana, Ohio, deficiency appropriation for public building at__ __ _____ _____ _____ 1662 Urn, Monumental, gift of, from Cuba, accepted for erection in Washington! D. Coo. ___ _ ._ _ _ 713 sum authorized lor erectlOn and dedication_ _ _ _ _______________ 713 Uruguay, appropriation for minister to _______ 65, 1096 Utah, establishment of Bear River Migratory Bird Refuge in_______________ 448 exchange of lands in, for Bear River Migratory Bird Refuge________ 1186 grant of additional lands to, for miners' hospiuu_____________________ 1252 lands for probable reclamation or national park projects not in- cluded_______________________ 1252 Utah-Continued. permits for mining nonmetallic minerals extended twelve months to with- Pap. drawn lands in_______________ 1406 provisions of Boulder Canyon Project Act applicable to, under Colo- rado River compact _______ 1057-1066 water power permits on Colorado River and tributaries not to be issued until March 5, 1930, unless Boulder Canyon Project Act effective prior thereto_ _ _ ______ 1446 Utah Agricultural Experiment Station, exchange of public with State lands, for experiments in sheep growing_ _ 1188 Utah National Park, name changed to Bryce Canyon National Park _______________ _ 147 Ute Agenc!I, Colo., Consolidated, appropriation for support, etc., of Indians at________________ 222, 1583 Ute Indian Reservation, Colo., Con80li- dated, appropriation for water supply, un- allotted landsoL _ _ _ _ _________ 209 Ute Indians, Confederated Bands of, appropriation for aid to public schools in Uintah and Duchesne Coun- ties, Utah, from funds of _ _ 220, 1581 for support, etc________________ 222,1583 for payment, from principal funds cf, to Ute Mountain in Colorado, from fnnds ________________ 224,1586 tl'intah, etc., Bands in Utah ___ 224, 1586 Southern Utes in Colorado ____ 224,1586 for self support, from accrued interest_ 224, 1586 restriction on road construction_ 224, 1586 for Uncompahre, etc., Utah, irrigating allottedlands.. __ ______ __ ___ ___ 1575 deficiency appropriation for water sys- tem and employees' cottages __ _ 900 value of lands added to Montezuma Forest, Colo., placed to credit of. 711 Ute Indians, Southern, appropriation for purchase of sheep for_ 209 Ute Mountain Agency, Colo., appropriation for support, etc., of Indians at______ 222, 1~71, 1583, 1586 Utica, N. Y., deficiency appropriation for public Uvalda B:::~:-- --- -- -- - -- - - -- -- may bridge Altamaha River, at Towns . Ferry, Ga__ _____ ___ ____ _____ _ 960 33 v. V Place SE., D. C., appropriation for grading, Thirty-first to Thirty-second Streets_______ 655 V Stree~ NE., D. C., appropriatlOn for paving, etc., Second to Fourth Streets; from gasoline tax fund___ ______ ______ ______ 654 V Street SE., D. C., appropriation for paving, etc., Four- teenth to Sixteenth Streets; from gasoline tax fund_ _ _ _ _________ 1272 VllCation Schools and Playgrounds, D. C., appropriation for expenses, etc____._ ~60, 1277 Vaile, WiUiam N., late a Representatwe \n Congress, deficiencr appropriation for pay to 3 Widow oC _____________ -- - -- --

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text:
Jenkins v. Banning/Opinion of the Court

This case comes before the court upon a writ of error to the District Court of the United States for the district of Wisconsin. It was an action of debt upon a judgment recovered by the present defendant against the plaintiffs in error, in the District Court of the United States for the second judicial district of the Territory of Minnesota. As originally framed, the declaration did not contain any caption specifying the term of the court when it was filed, or the return day of the process on which it was founded. In point of fact, it was filed on the thirtieth day of December, 1857, and the process was regularly returnable to the succeeding January term of the District Court, to which this writ of error issued. Service of the summons upon the defendants was duly made on the following day, and the record shows that they subsequently appeared and demurred to the declaration, showing for cause the formal defects before mentioned. On the eighteenth day of January, 1858, the plaintiff, by leave of the court, amended his declaration, obviating the defects shown by the demurrer.

No exceptions were taken to the order of the court granting leave to amend, and, for aught that appears to the contrary, the amendment was made without objection.

After the amendment was allowed, the court overruled the demurrer, and the defendants refusing or neglecting to plead to the merits of the case, they were defaulted. Whereupon the plaintiff moved for judgment, and filed a duly-certified copy of the former judgment on which the suit was founded. Reference was then made of the cause to the clerk to compute the interest, and on his report being made in writing, judgment was given in favor of the plaintiff for the amount of the former judgment, together with interest on the same.

On this state of the record, the defendants sued out a writ of error, and removed the cause into this court, but have failed to appear and prosecute their writ of error. They did not except to the ruling of the District Court, and have not assigned error in this court, and it is obvious, from an inspection of the transcript, that there is no error in the proceeding. Motions to amend mere formal defects in the pleadings are always addressed to the discretion of the court, and are usually granted as a matter of course, and their allowance is never the subject of error. That point has been so frequently decided, that we do not think it necessary to cite authorities in its support.

Under these circumstances, the counsel for the defendant in error moves that the judgment be affirmed with ten per cent. damages. By the twenty-third rule of this court, it is provided that in all cases where a writ of error shall delay the proceedings on the judgment of the inferior court, and shall appear to have been sued out for delay, damages shall be awarded at the rate of ten per centum per annum on the amount of the judgment, and the said damages shall be calculated from the date of the judgment in the court below, until the money is paid.

That rule is applicable to this case, and the judgment is accordingly affirmed, with costs and ten per cent. damages.

title: Jenkins v. Banning/Opinion of the Court


text: Talk:Jenkins v. Banning/Opinion of the Court


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/2036

 INDEX. cclxxxv Val Verde CountJl Bridge Companll, may bridge Rio Grande, at Langtry, Tex________________________ ,_ _ consent of Mexico required_________ _ Val~ Irrigation Project, Oreg., appropriation for maintenance, etc., oC purchase of interest in Warm Paae. 983 983 229, 1591 Springs reservoir___________ 229,1591 deficiency appropriation for construc- tion_ __________ __________ ____ 1643 Valley Bridge Company, Incorporated, may bridge Cumberland River, at Canton J • Ky___________________ _ at luka, .1\.;1- Tennessee River, at Eggners Ferry, Ky__________________________ _ Valley County, Mont., 138 140 144 may bridge Missouri River, at Glas- gow _______________________ 111,471 Valley Place SE., D. C., appropriation for paving, etc., View Place to High Street; from gaso- line tax fund_________________ 1272 Valuation oj Railroads, Physical, appropriation for expenses of ascertain- Vancouve~i~':;"~k; -Miiiia~y -R~;i~atio2, 1240 Wash., Vancouver granted easement on, for public highway; conditions ____ _ Vancouver, Wash., granted easement on Vancouver Bar- racks Military Reservation for public highway; conditions____ _ 60 60 Vaults, SO/ea! etc., Public Buildings, appropriatIOn for lock-box equipment for completed, etc., buildings_ __ 176 for buildings__________________ 183,1046 deficiency appropriation for ________ 49,1619 Veazey Street NW., D. C., appropriation for j>aving, etc., Thirty- eighth to Thirty-ninth Streets; from gasoline tax fund_ _ _ _ _ _ __ 1269 Vegetables, appropriation for investigating diseases of________________________ 550,1202 for study of, in storage, marketing, etc__ ___ ____ _____ ___ ______ __ _ 550, 55'2, 1202 for fixing standards for containers of. 563, • 1214 deficiency appropriation for fixing stand- ard hampers, etc., for _____ .. ____ 895 Vehicles, Indian Servir.e, appropriation for horse-drawn passen- ger vehicles _______________ 205,1567 for motor; limitation increased __ 205, 1567 Vehicles, Poalal Service, appropriation for allowance, etc____ 189,1052 operation of wagon service ____ 189,1052 leases of garages _____________ 189,1052 maintenance Department garage, Nasbington, D. C ________ _ 189,1052 purchase, etc., of tractoi's and trailer trucks authorized ____ 190,1052 deficiency appropriation for _ _ __ _____ _ 45, 50,1620,1622 Venereal Diseases, D. C., appropriation for dispensaries for treat- ing_______________________ 66~ 1284 Venereal Diseases Divi8ion, Public H eallh Service, appropriation for expenses ________ 175,1040 Venezuela, Pap. appropriation for minister to _____ __ 65, 1096 for bronze statue of Henry Clay for presentation to__ _______ _____ _ 76 Jose J. Jimer.ez, a citizen of, may_ be admitted for instruction at Mili- tary Academy _____________ __ Vermilion, S. Dak., 1011 deficiency appropriation for public building at___________________ 1662 Vermont, appropriation for contribution to, for damages to roads and bridges by floods of 1927 ________________ 570 agreement with New York for creating I.ake Champlain Bridge Com- mission, consented to_ _________ 120 bridge authorlzed across Lake Cham- plain, between Crown Point, N. Y., and Chimney Point, Vt., by New York and ______________ _ 62 may acquire, after completion, bridge across Lake Champlll.in at East Alburg______________________ 515 at East Alburg and West Alburg____ 1506 between Rouses Point, N. Y ., and Alburg ___________________ 513,1178 may bridge an arm of Lake Memphre- magog, at Newport___________ 297 Vermont Judicial District, constitution of. ___________________ _ terms of court, at Brattleboro _______ _ Burlington ______________________ _ Rutland ________________________ _ Windham _______________________ _ 1345 1345 1345 1345 1345 may o~dM>_TarmstroBot (talk)_~t_!'!_ti 1345 Vernon Parish, La., bridge authorized across Sabine River, between Newton County, Tex., and _________________________ 1083 Versailles Boro".lf/h, Pa., bridge authorIzed across Youghiogheny River, between, and Boston____ 1169 Vessels, appropriation for securing uniformity in admeasurement oL _______ 90,1112 for preventing overcrowding of pas- senger_____________________ 90, 1112 Veasels, American, appropriation for investigating foreign discriminations against, etc __ 585, 1243 proceeds of sales of, built prior to Ja.nu- ary 1, 1914, exempt from income tax for 10 years_______________ 881 investment of, in building new ships in American shipyards_________ 881 provisions requiring foreign mail serv- iceon___ ~ _________________ 692-696 requisition of, for national defense or emergency _ _ ___________ ______ 697 under contract from construction loan fund_____ ____ _ ___ __ ____ _ 697 under ocean mail contract__________ 697 Veterans' Bureau, United States, appropriation for salaries and expenses_ 587, .1245 administering adjusted Compensa- tion Act. _________________ 587, 1245 emergency officers' retired lisL ___ 1245 central, regional, and suboffices included __________________ 587,1245 Arlington Building operating force and expenses ______________ 587, 1245

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text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/2037

 cclxxxvi INDEX. Veterana' Bureau, United Sta"-Contd. appropriation for salaries, etc.; allow- ances to physicians, etc., for packing and transfer of personal p .... effects ____________________ 587,1246 allotments to Publio Health Serv- ice details ________________ 588,1246 for printing and binding for _____ 588, 1246 for military and naval death or dis- ability compensation _______ 588, 1246 emergency officers' retired list in- cluded_______________________ 1246 for medical, surgical, h08pital,e~:.! services to beneficiaries_ ____ 0lS8, 1246 funeral expenses, etc _________ 588, 1246 library books, etc ____________ 588,1246 court expenses of guardi!LD8 of mentally incompetents_ _ ___ 588, 1246 allotmentll to other Government agencies __________________ 588,1246 use for new sites, new hospitals etc., forbidden_____________ 68s, 1246 allotment authorized for altering Bureau hospitals to furnish ade- quate accommodations for bene- ficiaries ___________________ 588, 1246 expenditures authorized from al- lotments to other 8,gencies __ 588, 1247 for paying adjusted service certifi- cates _____________________ 588, 1247 for military and naval insurance_ 588, 1247 for additional hospital, dispensary, etc., facilities and service_ _____ 1247 contracts authorized for incurring additionalobligations_________ 1247 defiCiency appropriation for military and naval compensation ______ _ reappropriation of unexpended bal- 7 ances for designated objects____ 7 for damages claims________________ 7,889 for medical and hospital services____ 41, 43, 45,932,937,1616,1670,1673 for ealaries and expenses__ 41,45,932,937, 1616, 1621, 1670 for vocational rehabilitation ________ 41, 43, 45,932,937,1616,1621,1670,1673 for increase of compensation________ 451 1616, 1621, 167u for military and naval insurance_ ____ 45 for military and naval insurance, 1928 and prior years_______________ 1628 amounts available_ __ ___________ 1628 for salaries, etc., transferred to Public Health Service_______________ _ for additional hospital facilities, etc_ for judgments, United States courts, 48 889 under ____________________ 931,1615 for judgments, Court of Claims under_ 932, for salaries; 1929 ________________ _ additional hospital, etc., facilities for mentally afflicted, etc., World War veterans, in Bureau hos- purcE::~-ei--;i-e~i~ti;;i -p~nti, construction on sites owned or acquired____________________ _ . hospitals, domiciliary and out-. patient dispensary facilities, etc_ accommodations for personnel, recre- ational centers to be provided __ acceptance of gifts for, authorized__ _ coDBtruction requirements, etc., in the discretion of the Director1 sub- ject to approval of the Presldent_ 1670 1676 715 716 716 716 716 716 Veterana' Bureau, United Statu-Contd. Pa~. additional hospital, etc.; construction, repairs, etc., in such JT'''.DneZ' 88 President may determine _____. 716 technical, etc., services t.'lr, author- aed____________________ ._ _ __ 716 amount authorized to be r.rovided--- 716 allowance for technica, etc., serv- ices_________________________ 7i~ suitable buildings, e qui p men t, grounds, etc., may bt> accepteti from States, corporations, in- dividuals, etc__________. . __ ____ 716 garages for privately owned auto- mobiles to be built and main- tained, for personneL_________ 716 reimbursementforuse___________ 716 sale authorized of portion of hospital reservation at Legion, Tex______ 716 appraisal and sale of hospital reserva- tion in De Kalb County! Ga_ ___ 717 proceeds to be covered roto the Treasury_____________________ 717 restriction on buildings.1.!Ilpealed- __ _ 717 amendments to World war Adjusted Compensation Act ___________ 947 -950 boilers of hospital sold by Muskogae, ~kla., may be ret.ained uy the Clty_________________________ 323 bt'ildings at Perry Point, Md., hospital may be disposed of.___________ 1486 proceeds covered into the Treasury 88 miscellaneous receipts_______ 1406 loans to veterans on adjUllted certifi- cates authoraed by, from Gov- ernment life insurance fund_ _ __ 1561 interest to be charged, etc.; maxi- DlUln____________________ • ___ 1561 duplicate adjusted certificate to be issued if originalloat, e\c__ ;. __ __ 1561 pay and allowances to emergency re- tired lists of Army, Navy, and Marine Corps, to be from mili- tary and naval compensation fund of. ______________ "' _ __ __ _ 735 transfer authorized of portion of hos- pital reservatiol!z North Little Rock, Ark., to Hig Rock Stone and Material Company________ 369 Veterana oj World War, extensions may be granted to of pen- .. sions granted prior to November 11, 1918, on account of service from April 6, 1917, to July 2, 1921 _______________________ .. 1014 Veterinarian8, Army, appropriation for pay of retired____ 329, 1353 Vice Conauls, appropriation for pay of, acting 88 charg&! d'affaires or in che.rge of consulates_______________ 65, \1)96 Vice Pruident oj the United Statu, appropriation for compensation____ 573,1230 for printing ascertainment of electoral vote for President and_________ 71 for secretary, clerks, etc________ 517,1387 for automobile for______________ 520,1390 deficiency appropriation for automobile for _______________________ 884,1607 may appoint midshipmen to Naval Academy, in number equivalent to a Senator's allowance_______ 788 provisions for transmittal of the votes of electors of the President and_ 945

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text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/2038

 INDEX. cclxxxvii I~'r;C't Pre~;~ of the United Statu-Contd, Pa... to sen'e on Commission for Enlarging capitol Grounds______________ 420 Vichlrurg Bridge and Terminal Comp-any, granted right of way for public utilities across Vicksburg National Park, !4~________________________ 315 time extended for bridging !4iBBiBBippi River, at Vicksburg, !4iBB., by. _ 1446 Vicksburg, Mus., time extended for bridging !4ississippi River, at_____________________ 1446 Vicksburg Naltonal Military Park, Miss., appropriation for continuing establish- ment oL _________________ 356,1377 balances of appropriations for, covered in___________________________ 365 easement across, granted Warren County, !4iss., for public high- way_________________________ 4a4 Vicksburg Bridge and Terminal Com· pany granted right of way across_________ • _____ ._. ___ ._ 315 Victory Medal and Clasps, gratuitous issue of, to persons entitled_ 500 Village Delivery, Postal Service, appropriationfor. __ _ _ _ _ _ • _ __ ._ • • 189,1052 Vincennes, Ind., bridge authorized acroBB Wabash River, at___________________. __ _ _ _ __ 740 memorial at, commemorating winning of Old Northwest, etc., to be constructed ________________ ._ 724 Virgin islands, appropriation for expenses, temporary governmentfor ______ • __ __ _ 62~ 1453 amount for publio works damaged byhurricane ________ • __ • __ • __ 1453 additional, from internal revenues, etc_ ••••••• ___ __ __ _ ._. __ •• 62~ 1453 citizenship requirement for holding officein•••• _________ • __ _ ._ 625,1453 for relief, etc., shipwrecked seamen in____ ••••__ ••• ____________ 68,1098 for agricultural experiment stations in________ ~ _______________ 542,1192 sale of products______________ 542,1192 'deficiency appropriation for repairin~, etc., hurricane damages to agrl· cultural experiment stations in_ _ 1609 appellate jurisdiction of circuit court of appeals as to interlocutory orders, etc., of district court of. _ 422 salary fixed of judge of district court of. 997 Virginia, advances authorized to fanners and fruit growers in storm and Hood stricken areas of, to purchase seed, feed, and fertilizer, for crop of 1929_ _____ ___ ______ __ _____ 1306 may acquire, afte!' completion, bridge across Potomac River, at Great Falls________________________ 443 Virginia Eastern Judicial District, deficiency apP!opriation for judgment of, for Housing COrporation____ 1615 Viruses, etc., appropriation for regulating propaga- tion, sales, etc., ot. ________ 17~ 1040 Viruses, etc.,ior Animals (s" Serums, etc., for Domestic Animals). Visas Alien addition;.! regulations for i88uing, to quota immigrants_________ ._ __ 1009 Vital Statistics, p .... appropriation for transcribing recorda of State, etc__________________ 88 Vocational Education (s" also Federal Board for Vocational Educa· tion), additional cumulative appropriations authorized for further develop- ment of. ____ ___ _______ __ __ ___ 1151 one-half allotted to States and Ter- ritories in the proportion of their farm pofulation to the total thereof o. the United States____ 1151 U8e of, for teachers, etc., of agricul- turalsubjects_ _ _ _ _ __ __ ___ ____ 1151 remaining half to States and Terri· tories in proportion of their rural population to the total thereof of the United States___________ 1151 ~ of, for teachers! etc., develop- Ing home economlcs___________ 1151 additional amount authorized for gen· eratpurposes of Federal Board for Vocational Education. _ _ __ _ 1151 authorizations additional, and subject to conditions of former Act_ _ _ _ 1151 provisions excepting heme eco- nomics from periods of agricul· tural practice________________ 1151 expenses for attending meetings allowoo- ___ ____ ___ ___ ____ ___ _ 1151 Vocational ReAabilitation 0/ Dist#JZed Resi· dents, D. C., deficiency appropriation for _ _ ____ 1626, 1628 to be provided for disabled residents, by Federal Board for Vocational Education_ _ _ _ __ _ _____ __ _____ 1260 meaning of terms, etc_ _ _ ____________ 1260 cooperation authorized of Board with various public establishments_ _ 1260 plans for vocational rehabilitation of civil employees, residing in the District, to be formulated by Federal Board and Employees Compensation Com~ion_____ 1260 expenses authorized; details given_____ 1260 sum authorized each year for the Fed- eral Board; equal amount from District revenues_ _ _ _ ____ __ __ _ 1260 Vocational ReAabilitation, Veterans' Bu· reau, deficiency appropriation for _ _ _ ____ ___ 41, 43 45, 932, 937, 1616, 1621, 1670, 1673 Vocational Training, Army, deficiency appropriation for _ _ ___ _____ 49 Volstead Act (see National Prohibition Act). Volunteer Soldiers" Home (s" National Home for Disabled Volunteer Soldiers). w. W Street NE., D. C., appropriation for paving, et:!., Fourth Street to Rhode Island Avenue; from gasoline tax fund_________ 654 Wabash River, bridge authorized across, at !4cGregors Ferry, Ill____________________ 480 at Vincennes, Ind_________________ 740 time extended for bridging, at !4ount Carmel,I1L ________ .. _____ 284, 1094

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text: Doe v. Wilson

title: Doe v. Wilson


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/2039

 crlxxxviii INDEX. WabCl3h River-Continued. PIlI9. change authorized of location of bridge across, from McGregors FerryI ID., to New Harmony, Ind., ana White County, TIL___________ 1406 WabCl3ha Bridge Committee, may bridge Mi88i88ippi River, at Wa- basha, Minn_________________ 282 Wabasha, Minn., bridge authorized acro88 MiBBissippi River,at_____________________ 282 Waccamaw Rivet', bridge authorized acroSB, at Reeves Ferry, N. C_ _____ ______ ______ 516 Wage Earner8, Employmenl oj, appropriation for agencies, etc., for aidinll____________________ 109,1130 Wahpeton, N. Dak., appropriation for Indian school at_ 218, 1579 deficiency appropriation for Indian school at_____________________ 47 Wakefield, Va., appropriation for care, etc., Wash- ington's birthplace_________ 358,1379 Walker River A gency, Nev., appropriation for support, etc., of In- dians at__________________ 223,1584 Walker River Indian Re8ervation, Nev., appropriation for irrigation project on_ 125~2 Wallace, Idaho, appropriation· for care of graves of national forest tire fighters buried at _________________ 553, 1203 Walter Reed Army H08pital, D. C., appropriation for additional buildings, etc__________________________ 334 deficiency appropriation for additional facilities_ ____________________ 36 for additions_____________________ 927 technical services_______________ 927 amount authorized for additions to___ 130 construction of nurses' quarters author- ized at ___________________ 748, 1303 location_ ______________________ 748 amount for ChapeL_______________ 1313 for additional facilities_____________ 1303 Wang Erh-Ko, deficiency appropriation for indemnity to China for death of._ __ __ __ __ 1651 Wapato Irrigation ProJect, WCI3h., appropriation for additional water sup- ply to allotments on Yakima Reservation, from; reimburse- ment_____________________ 21~ 1576 for Satus unit. _ _____ ____ __ ___ ____ 214 War Claims Act oj 19SB, Settlement oj. appropriation for protecting interests of United States under________ 1109 for expenses of executing provisions of, in Office of Judge Advocate General, Army _ __ ____________ 1352 deficiency appropriation for payments under_______________________ 914 for expenses of, l,nder Judge Advo- cate General's Office, War De- partment_ _____ ___________ ___ 928 provisions of. ____________________ 2 54-279 pay of two employees in eXCe88 of $9,OOO...~uthorized- _ _ _ _____ ___ 1645 War Claims ArtJiter (188 also Settlement of War Claims Act of 1928), provisions for determining claims of German nationals against United States _____________________ 256-260 War ClAim8 Arbiter-Continued. P- .e. provisions for determining claims of .\ustrian and Hungarian nation- als against United States_____ 263-265 of owners of vessels "Carl Diede- richsen" and" Johanne .. former German nationals_____ '~_______ 277 War CoUege, Army, appropriation for instruction expenses of ________________________ 328, 1351 War CoUege, Naval, appropriation for maintenance, etc_ 628, 1456 War Contracts, deficiency appropriation for settlement of Navy, etc_________________ 1648 War Department (3ee also Army), appropriation for military activities and other expenses _____________ 326, 1349 for Secretary, Assistants _____________ 326 for Secretary, ABBistant____________ 1349 for civilian personnel in the District_ 1349 for Office of the Secretary_______ 326,1349 no field service appropriation avail- able for personnel in office of ABBistant· Secretary ___________ 1349 for Office of Chief of Staff _ _____ 326, 1349 for Adjutant General's Office ____ 326, 1349 for Inspector General's Office____ 326, 1349 for Judge Advocate General's Office; employment of experts, etc__ 326, 1349 for Office of Chief of Finance_ ___ 326, 1349 for Quartermaster General's Office__ 326, 1349 for Chief Signal Officer's Office. __ 326, 1349 for Office of Chief of Air Corps __ 326,1349 for Surgeon General's Office _____ 326,1349 for Bureau of Insular Affairs ____ 326, 1349 for Office of Chief of Engineers; tech- nical, etc' 1 services _________ 326,1349 for Office of Cnief of Ordnance __ 326,1350 for Office of Chief of Chemical War- fare Service_______________ 326, 1350 for Office of Chief of Coast Artillery _ 326, 1350 for Militia Bureau_____________ 326; 1350 salaries limited to average rates under Classification Act ____ 327, 13110 if only one position in a grade_ 327, 1350 allowance in unusually meritorious cases _____________________ 32~ ~&50 restriction not applicable to cleri- cal-mechanical service ______ 327, 1350 no reduction in fixed salaries_ _ 327, 1350 transfer to another position with- out reduction _____________ 327,1350 pavment under higher rates per- mitted ___________________ 327,1350 transfers between appropriations for bureaus, etc., tomeet mcreases by reallocation __________ .. __ _ __ 1350 for Department contingent expenses_ 327, 1350 for stationery__________________ 327,1350 forpos~e stamps _____________ 327,1350 for printmg and binding for _____ 327,1350 for contingencies of the Axmy ___ 327, 1351 restriction on transfers of surplus _propert!-- 32~ 1351 for Militarxlntelligence Division_ 328, 1351 for Army War COllege__________ 328, 1351 for contingencies, headquarters of military departments, etc ___ 328, 1352 for Command and General Staff SChooL __________________ 329, 1352 for military post exchanges_____ 329, 1352

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text: Talk:Doe v. Wilson

title: Talk:Doe v. Wilson


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/2040

 INDEX. cclxxxix W (Jf' Department-Continued. Page. appropriation for ~xpenses, under Set- tlement of War Claims Act in Office of Judge Advocate uen- eral______ _______________ _____ 1352 for pay, etc., of the Anny_______ 329,1353 officers _____________________ 329,1353 erilisted men ________________ 329, 1353 miscellaneous items under_____ 329, 1353 assignment to Department duty forbidden _________________ 330, 1353 pay to retired officer selling supplies to Armrlforbidden ________ 330,1353 pay forbJaden to officer retired before 64 years, employed by parties making direct sales to Department or Army ________ 330, 1353 for mileage of the Anny_________ 330,1353 for courts martial, apprehending de- serters, etc________________ 330, 1354 for clerks, etc., Finance Department_ 330, 1354 for paring claims for damages to private property___________ 330,1354 for paying claims of officers, etc., for personal property lost, etc., in service ____________________ 331, 1354 for subsistence of the Army _____ 331, 1~54 for regular quartermaster supplies_ 331, 1355 for clothing and equipage _______ 332,1356 for incidental expenses of Anny __ 333, 1356 for Army transportation ________ 333,1356 for horses _____________________ 334,1357 for military posts, construction, etc__ 334, 1358 not available for Scott Field, Ill___________________________ 335 for barracks and quarters, etc___ 335,1358 for shooting gallenes and ranges__ 335, 1358 for rent of buildings for military pur· ~ses in the District_________ 335,1359 for Fort Monroe, Va., wharf, roads, and sewers __________. __ __ _ 335,1359 for hosl?itals, construction, etc___ 336, 1359 for fortification expenses ________ 336,1359 for Signal Service, expenses___ ___ 336, 1360 for Air Corps, expenses _________ 337,1360 for Medical Department, expenses_ _ 339, , 1362 for hospital care, Canal Zone garri- sons _____________________ 340,1363 for Army Medical Museum _____ 340,1363 for library, Surgeon General's Office_ 340, 1363 for care of insane Filipino a.ld Porto Rican soldiers _______________ _ for care of insane Filipino soldiers __ _ for Engineer Department, expenseS __ 340 1363 341, 1363 military surveys and maps ___ 342, 1364 for Ordnance Department, expenses_ 342, 1364 consulting engineers authorized_ 342, 1365 fLr manufacture of arms_ __________ 342 for tanks____ __________________ ___ 343 for Field Artillery armament_ ______ 343 for provin$ grounds __________. . _ __ _ 343 for Rock Island, Ill., bridges_____ 343,1365 for testing machines_______________ 343 for repairs of arsenals, etc_______ 344, 1365 for gauges, dies, jigs, etc., for manu- facture of armament________ 344,1365 for Chemical Warfare Service____ 344,1365 for service schools, etc_ _________ 344, 1366 War Department--Continued. Pap. appropriation for Military Acad- emr-- 345,1367 for National Guard expenses _____ 347, 1368 for Organized Reserves, Officers' Re- serve COrps _______________ 348,1369 for Enlisted Reserve Corps, pay, allowances, etc ____________ 348, 1370 for expenses of headquarters and camps____________________ ~4~ 1370 for Reserve Officers' Training Corps, expenses of units of, etc _____ 349,1371 for military supplies, etc., for other schools and colleges ________ 350,1372 for civilian training campsj limitation on trainees, etc____________ 350,1372 for eXJ>l:nses promoting rifle practice, civilian military instructIOn, etc__ 351, 1373 no pay to officersl etc., using time- measuring deVices on work of employees_________________ 353,1374 for nonmilitary activities_______ 353, 1374· for Jennie CarroIL _____________ 353,1374 for Mabel H. Lazear ___________ 353,1374 for John R. Kissinger___________ 353, 1374 for Clyde L. West______________ 353, 1374 for national cemeteries__________ 354, 1374 for Chalmette, La__________________ 354 for Lee Mansion, restoration, etc____ 354 for headstones for soldiers', etc., graves____________________ 354, 1375 for Antietam battle field, Md ___ 354, 1375 for disposition of remains of officers, soldiers, and civilians; recovery of bodies, etc__________________ 1375 for American cemeteries in Great Britain and France_____________ 355 for Confederate cemeteries and burial places ____________________ 35 ~ 1375 for monuments, etc., in Cuba and China____________________ 35~ 1375 for national military parks_ ____ 35~ 1376 for survey of battle fields__________ 1377 Stones River, Tenn., commence- men~etc 356 for national monuments________ 357,1377 Kill Devil Hill, N. C ____ ___ ____ _ 357 Chalmette Monument, La_______ 357 for completing Tomb oftLe Unknown Soldier __ _____ ___ _______ __ ___ 1378 for Battle of Kettle Creek, Ga., tab- let__________________________ 1378 for Perryville, Ky., battle monu- ment________________________ 1378 for William Rufus King monument_ _ 1378 for restoring, etc., Old Fort Niagara, N. Y________________________ 1378 for Washington-Alaska cable, etc_ 357, 1378 for artificiallimbs______________ 357,1379 for surgical appliances__________ 357,1379 for trusses ____________________ 358,1379 for Medical and Surgical History of World War__________________ 358 for Washin~n's birthplace_____ 358, 1379 for Califorrua IMbris Commission_ 35~ 1379 for roads, bridges, and trails, Alas- ka _______________________ 35~1379 for regulating How of Lowell Creek, Alaska______________________ 358 for reimbursing Miami, Fla., loan for harbor improvement_______ 358 for river and harbor preservation, maintenance, etc__________ 358, 1379

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Doe v. Wilson/Opinion of the Court

THIS case was brought up by writ of error from the Circuit Court of the United States for the district of Indiana.

It was an ejectment brought by Mann, a citizen of New York, and Hannah, a citizen of Iowa, against Wilson, to recover sections nine and ten, in township 35, range 4 west, in the county of Laporte, in Indiana.

The important question involved in the case may perhaps be more distinctly presented to the reader by a chronological order of events than by a recital of the titles offered upon the trial by the plaintiffs and defendant, respectively.

In October, 1832, treaties were made with the Pottawatomie Indians, by which the Indians ceded to the United States certain tracts of land therein described, except certain reservations to the Indians, amongst which was one to Pet-chi-co, of two sections. The language of the reservation was: 'The United States agree to grant to each of the following persons the quantity of land annexed to their names, which lands shall be conveyed to them by patent.' To Pet-chi-co two sections, &c., &c.

Then followed this sentence: 'The foregoing reservations shall be selected under the direction of the President of the United States, after the lands shall have been surveyed, and the boundaries to correspond with the public surveys.'

7 Stat. at L., 394, 395.

In February, 1833, Pet-chi-co made a deed to Coquillard and Colerick, with a general warranty, conveying 'all of those two sections of land lying and being in the State aforesaid,' &c., &c.

Before the lands were selected or located by the President, and before any patent issued, Pet-chi-co died.

In January, 1837, patents were issued to Pet-chi-co and his heirs for the two sections mentioned in the treaty. They recited that, 'whereas, by the third article of the treaty made in October, 1832, the United States agreed to grant to Pet-chi-co two sections; therefore,' &c., &c.

In 1854, certain persons obtained a deed from the heirs of Pet-chi-co; and under this deed the plaintiffs below (who were also plaintiffs in error) claimed, upon the ground that the deed from Pet-chi-co in 1833 was invalid. Wilson claimed under the latter deed. The leading question in the case was, therefore, whether Pet-chi-co had a right to make the deed when it was made.

In the course of the trial below, many exceptions were taken respecting matters of evidence, and many prayers to the court made; in so much that the counsel for the plaintiffs in error, after many other points, enumerated twenty-six distinct causes of error. It is not necessary to mention these. The rulings of the Circuit Court upon the two following points are sufficient for the purpose of the present report:

4. If Pet-chi-co, between the ratification of the treaty and the issuing of the patents, sold and conveyed the land in controversy by a sufficient deed of conveyance, with covenants of warranty, to Coquillard and Colerick, and their assigns, then the patents when issued, as to the assignees, related back to and took effect from the ratification of the treaty.

5. If, before the issuing of the patents to Pet-chi-co, he had, by a legal and valid instrument, assigned to Coquillard and Colerick his interest in the lands which were to be granted to him under the treaty of October, 1832; and if Colerick had, in like manner, assigned his interest to Coquillard; and if Coquillard had, in like manner, assigned to Wilson, then, by virtue of the act of Congress of May 20, 1836, the patents when issued inured to the benefit of Wilson, and vested the legal title to the land in him, although Pet-chi-co may have died before its date.

The verdict being for the defendant, the plaintiffs brought the case up to this court.

It was argued by Mr. Baxter for the plaintiffs in error, and by Mr. John B. Niles for the defendant.

Without following the counsel through the branches of the case or the effect of the act of 1836, we can only state the positions assumed upon the point decided by this court.

I. The third article of the treaty of the 27th October, 1832, was a mere executory promise of the United States, to grant in future and by patent to Pet-chi-co two sections of land, to be thereafter selected by the President. This promise was to be performed by the political department, and before its performance could create no inchoate title or estate in Pet-chi-co to any lands.

Longlois v. Coffin, 1 Indiana Reports, 446.

Verden v. Coleman, 4 Ind., 457.

Haden v. Ware, 15 Ala., 158.

Fipp v. McGehee, 5 Porter, 413.

Johnson v. McGehee and Thomas, 1 Ala., 173, 174.

And this, being a mere executory promise, to be executed by the political department, was not assignable; and the effort was against public policy, and could convey no estate to the assignee, or give him any right to the land.

Lampet Case, 10 Coke, 46 b, 48 a.

Cruise, vol. 4, p. 174, title 32, chap. 6, sec. 46.

Carleton v. Lughton, 3 Merivale, 670.

Doe d. Brun v. Martin, 8 Barn. and Cress.; 15 Com. Law Rep., 283.

4th sec. act of July 22, 1790, 1 S. L., p. 138.

12th sec. act of 1802, 2 S. L., p. 143.

Opinion of Mr. Taney on Treaty of 20th October, 1852, 2 Opinions, 588.

Jackson v. Wood, 7 John., 294.

Goodell v. Jackson, 20 Johnson, 706, 708.

The fourth instruction given by the court was as follows:

'If Pet-chi-co, between the ratification of the treaty and the issuing of the patents, sold and conveyed the land in controversy, by a sufficient deed of conveyance, with covenants of warranty, to Coquillard and Colerick, and their assigns, then the patents, when issued, as to the assignees, related back to and took effect from the date of the ratification of the treaty.'

This instruction announces a well-known principle, often affirmed by the Supreme Court, that all the several parts and ceremonies necessary to complete a conveyance shall be taken together as one act, and operate from the substantial part by relation.

Cruise on Real Property, vol. 5, pp. 510, 511.

Jackson ex dem. Forrest v. Ramsay, 3 Cow., 75.

Landes v. Brant, 10 How., 348.

Ross v. Barland, 1 Peters, 655.

Lessee French v. Spencer, 21 How., 228.

The doctrine of this instruction is strengthened in its application to this case by the act of Congress of May 20, 1836, above referred to.

In Landes v. Brant, the court say, that 'in every case in which this court has been called on to investigate titles where conveyances of lands had been made during the time that a claim was pending before a board of commissioners, and where the claim was ultimately confirmed in the name of the original claimant, the intermediate assignments have been upheld against the confirmee, and his heirs and devisees, in the same manner as if he had been vested with the legal title at the date of the conveyance.'

10 Howard, 348.

Mr. Justice CATRON delivered the opinion of the court.

By the treaty of October 27, 1832, made by the United States, through commissioners, with the Pottawatomie tribe of Indians of the State of Indiana and Michigan Territory, said nation ceded to the United States their title and interest in and to their lands in the States of Indiana and Illinois, and the Michigan Territory, south of Grand river.

Many reservations were made in favor of Indian villagers jointly, and to individual Pottawatomies. The reservations are by sections, amounting probably to a hundred, lying in various parts of the ceded country. As to these, the Indian title remained as it stood before the treaty was made; and to complete the title to the reserved lands, the United States agreed that they would issue patents to the respective owners. One of these reservees was the chief, Pet-chi-co, to whom was reserved two sections. The treaty also provides, that 'the foregoing reservations shall be selected under the direction of the President of the United States, after the land shall have been surveyed, and the boundaries shall correspond with the public surveys.'

In February, 1833, by a deed in fee simple, Pet-chi-co conveyed to Alexis Coquillard and David H. Colerick, of the State of Indiana, 'all those two sections of land lying in the State aforesaid, in the region of country or territory ceded by the treaty of 27th October, 1832.' The grantor covenants that he is lawful owner of the lands; hath good right and lawful authority to sell and convey the same. And he furthermore warrants the title against himself and his heirs. Under this deed, the defendant holds possession.

The lessors of the plaintiff took a deed from Pet-chi-co's heirs, dated in 1855, on the assumption that their ancestor's deed was void; he having died in 1833, before the lands were surveyed, or the reserved sections selected. And on the trial below, the court was asked to instruct the jury, 'that Pet-chi-co held no interest under the treaty in the lands in question, up to the time of his death, that was assignable; he having died before the location of the land, and before the patents issued.'

This instruction the court refused to give; but, on the contrary, charged the jury, that 'The description of the land in the deeds from Pet-chi-co to Coquillard and Colerick, from Colerick to Coquillard, and from Coquillard to Wilson, are sufficient to identify the land thereby intended to be conveyed as the same two sections of land which are in controversy in this suit, and which are described in the patents which have been read in evidence.'

It is assumed that the lands embraced by the patents to Pet-chi-co, made in 1837, do not lie within the section of country ceded by the treaty of 27th October, 1832; and therefore the court was asked to instruct the jury that the defendants cannot claim nor hold the land as assignees of Pet-chi-co, by virtue of the treaty. The demand for such instruction was also refused.

There is no evidence in the record showing where the land granted by the patents lies, except that which is furnished by the patents themselves. They recite the stipulation in the treaty in Pet-chi-co's behalf; that the selections for him, of sections nine and ten, had been made, 'as being the sections to which the said Pet-chi-co is entitled,' under the treaty. The recitals in the patents conclude all controversy on this point.

The only question presented by the record that we feel ourselves called on to decide is, whether Pet-chi-co's deed of February, 1833, vested his title in Coquillard and Colerick.

The Pottawatomie nation was the owner of the possessory right of the country ceded, and all the subjects of the nation were joint owners of it. The reservees took by the treaty, directly from the nation, the Indian title; and this was the right to occupy, use, and enjoy the lands, in common with the United States, until partition was made, in the manner prescribed. The treaty itself converted the reserved sections into individual property. The Indians as a nation reserved no interest in the territory ceded; but as a part of the consideration for the cession, certain individuals of the nation had conferred on them portions of the land, to which the United States title was either added or promised to be added; and it matters not which, for the purposes of this controversy for possession.

The United States held the ultimate title, charged with the right of undisturbed occupancy and perpetual possession, in the Indian nation, with the exclusive power in the Government of acquiring the right. Johnson v. McIntosh, 8 Whea., 603; Comet v. Winton, 2 Yerger's R., 147.

Although the Government alone can purchase lands from an Indian nation, it does not follow, that when the rights of the nation are extinguished, an individual of the nation who takes as private owner cannot sell his interest. The Indian title is property, and alienable, unless the treaty had prohibited its sale. Comet v. Winton, 2 Yerger's R., 148. Blair and Johnson v. Pathkiller's Lessee, 2 Yerger, 414. So far from this being the case in the instance before us, it is manifest that sales of the reserved sections were contemplated, as the lands ceded were forthwith to be surveyed, sold, and inhabited by a white population, among whom the Indians could not remain.

We hold that Pet-chi-co was a tenant in common with the United States, and could sell his reserved interest; and that when the United States selected the lands reserved to him, and made partition, (of which the patent is conclusive evidence,) his grantees took the interest he would have taken if living.

We order the judgment to be affirmed.

title: Doe v. Wilson/Opinion of the Court


text: Talk:Doe v. Wilson/Opinion of the Court

title: Talk:Doe v. Wilson/Opinion of the Court


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/2041

 ccxc INDEX. War Departmem--continued. Pa.re. appropriation for river and harbor pres- ervation, ete· survey of bound- ary waters, etc_____________ 358, 1379 examinations, surveys, etc., of au- thorized projects___________ 359,1380 New York Harbor deposits ___ 359,1380 for bank protection, etc., of MiBBouri River, at Niobrara, Nebr______ 1380 for bank protection, etc., of MiBBOuri River, at Yankton, S. Dak_____ 1380 for relocation of levee of ArkanBaB River, in Conway County, Ark_ _ 1380 for Inland Waterway Corporation stock to be purchased, etc_ _____ 1380 for survey of Conduit Road from the District to Great Falls, Md., ete__________________________ 1380 for operating, ete., Muscle Shoals Dam No. 21 TenneBBee River_ 359,1381 for flood relieI, MiBBissippi River; immediatelyavailable_________ 359 for flood control! MiBBiBBippi and Sacramento Rivers_ ___________ 359 for flood control, MissiBBippi River and tributaries_______________ 1381 for emergency flood control for tribu- taries of the MiBBiBBippL______ 1381 for flood control, Sacramento River__ 1381 for return to California, contribution for flood control of Sacramento River_______________________ 1381 for ~ohn ~. Sackett, for use of gun Inventlon____________________ 1381 for relief of specified States for 10BB of roads and bridges by floods of 1927________________________ 1381 for Volunteer Soldiers' Home ____ 359, 1382 amounts interchangeable______ 362, 1384 Board of Managers, ete., salaries, etc_______________________ 362, 1384 for State and Territorial Homes_ 362, 1385 for Panama. CanaL ____________ 368, 1385 balances of designated appropria- tions covered into the Treas- ury__________________________ 364 deficiency appropriation for Army _ 35, 42, 44 49,926,935,937,1619,1622,1664, 1672,1674. for damages claims__ ________ 35, 926, 1664 for reimbursing Philippine Govern- ment________________________ 37 for national cemeteries _________ 37, 43, 49 for headstones for graves of American soldiers in Europe_ ___________ 37 for Tomb of Unknown Soldier, Arlington Cemetery___________ 37 for national military parks_________ 37 for connecting strip to Corinth na- tional cemetery__ _____________ 37 for survey of battle fields__________ 38 for commencing establishment of Fredericksburg and Spotsylvania. Countv Battle Fields MemoriaL 38 for Stones" River, Tenn., National Military Park________________ 38 for memorials to Virginia. Dare and Roger Williams_______________ 38 for Lincoln Birthplace MemoriaL___ 38 for arlificiallimbs_________________ 38 for acquisition of Cape Cod CanaL _ 38 for el!ler~n.cy flood control, MiBBis- BlPpl River___________________ 38, for examinations, surveys, etc., of rivers and harbors_ ___________ 38 War Department-Continued. Pa.re. deficiency appropriation for r i v e r and harbor collision damages claims ______________________ 38,930 for Jamestown, Va., Monument, constructing approach, etc_____ 39 for Volunteer Soldiers' Home_ _____ 39, 50, 930, 1620, 1674 for State or Territorial homes_______ 39 for Panama Canal________________ 39 for judgments of district courts in speciaIAcu;.under __________ 40,1615 for judgments, united States courts, under_______ 4~931,1615, 1669, 1670 for paying damages, etc., suits in admiralty under________ 41!z.931, 1669 for judgments, Ohio Southern vis·· trict court, Lever Act, under___ 40 for additional employees___________ 49 for increase of compensation_ 49,1619,1622 for fortificstions __________ .. __ ___ __ 49 for arrears of pay, etc., Civil War___ 49,935 for registration and selection for military service_________ 49,937,1619 for artificiallimbs_________________ 50 for administrative ex~nses, World War Adjusted Compensation Act_________________________ 925 for expenses, settlement of War Claims Act___________________ 925 for Militar~ Academy __________ 928, 1665 for Militia Bureau________________ 929 for Zachary Taylor National Ceme- tery, establishment____________ 929 for Fort Donelson Military Park, Tenn________________________ 929 for Fort McHenry, Md~ restoration_ 929 for Kings Mountain, o. C ., battle fields survey, ete__________ ~__ 929 for i'oad, Lookout Mountain-Saint Elmo, Tenn_________________ .. 929 for ~';!i~ _~ _:: _TarmstroBot (talk)_TarmstroBot (talk) 01:42, 25 September 2010 (UTC) 929 for Ringgold Road________________ 929 for Lake of the Woods, etc., flowage easements___ ____ ___ ___ ____ ___ 930 for MiSSissippi River flood controL_ 930 for emergency work, flood control of tributaries of the MississiopL __ 930 for revision, etc., of Canal Zone Laws, etc__________________________ 931 for judgments, Court of Claims under ____________________ 932,1670 for contingent expenses____________ 935 for Pacific Branch Volunteer Soldiers' lIoDle_______________________ 1614 for national security and defense under_______________________ 1619 for headstones for soldiers' graves___ 1620 for Army War COllege_____________ !622 for National Guard_______________ 1665 for Quartermaster Corps_ __________ 1666 for Secretarr's Office, salaries, 1929_ 1688 for Army, Civilian personnel, 1929__ 1688 for nonmilitary activities, salaries, etc., 1929______________________ 1691 amount authorized for ~aving, etc., Government Road, Rossville to Chickamauga, ete., Park________ 1305 arms, etc., seized and condemned for illegal export, to be delivered to__________________________ 1424 paving authorized of R~ggold Road, an approach to Chickamauga and Chattanooga. Park ________ 712

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Page:United States Statutes at Large Volume 45 Part 1.djvu/2042

 INDEX. ccxci War Deptl!tment-Continued. submtssion to Con~ss discontinued, of report on Engineer Depart- ment bids___________________ _ tests of metals___________________ _ river and harbor civil engineers____ _ public property leases_____________ _ horse purchases__________________ _ sales of military property _________ _ disciplinary barracks affairs _______ _ river and harbor contracts prior to April 6, 1917 ________________ _ tools to Vocational Education Board_ military park, Kansas City, Mo____ _ engineer operations, overseas ______ _ Paae. 988 988 988 988 988 988 988 988 988 988 989 civilian receipts, etc., Fort Monroe, Va__________________________ 989 plan for militaryt>ost construction__ 989 administration of World War Ad- justed Compensation Act______ 989 War Finance Corporation, affairs of, to be liquidated after April 4, 1929, and transferred to Secre- tary of the Treasury__________ 1442 assignment to Treasury officials of duties, etc___________________ 1442 moneys to be covered into the Treasury as miscellaneous re- ceipts_ _____ __ _______________ 1442 no rights, penalties, etc., affected___ 1442 upon paymentof alllaW£ulobligations, capital stock to be retired, etc___ 1443 final report to Congress, and corpora- tion deemed dissolved _________ 1443 submission to Congress discontinued, of quarterly reports___________ 995 succession of, contin1J.ed one year _____ 405 War FraMs, deficiency appropriation for investigat- ing,etc_____________________ 47,905 War Minerals Acts, claims under contracts to review decisions of Secretary of the Interior in, may be filed in Dis- trict of Columbia Supreme Court upon a question of law_________ 1166 decisions on questions of fact con- clusive, and not subject to court review__ ____ ____ __ ___________ 1166 procedure, etc____________________ 1166 jurisdiction as a United States district court to hear and deter- mine such suits_______________ 1166 appeal to District of Columbia Court of Appeals_____________ 1166 review by United States Supreme Court by certiorari or appeal___ 1166 adjustment upon final disposition___ 1166 War Revenue, deficiency appropriation for collecting__ 42, 48 War Risk Insurance Bureau, deficiency appropriation for salaries and expenses_________________ 932 War Trophiea and Devices, deficiency apJ?,ropriation for expenses of distrlbution_______________ _ 36 War with Germany, appropriation for preparing, etc., naval records of____________________ 642 War with· Spain, deficiency appropriation for pay of the AJtny _____ 42,44,4~ 1619,1672, 1674 Ward, Major General Artemas, Pap. erection in District of Columbia, of monument to, in memory of his services during War of Inde- pendence____________________ 689 selection of site, and approval of design_______________________ 689 Wardman, Harry, payment authorized to, Thomas P. Bones, and James D. Hobbs, for use of Bieber Building by Agri- cultural Department 1926, 1927, and 1928_____________________ 56 further lease of building authorized__ 56 Warehouae Act, United StaI.e8, appropriation for expenses adminiBter- ing_______________________ 563,1214 deficiency appropriation for paying claim of Curtis-Martin News- papers, Inc., from appropriation for administering_ ____________ 13 Warm Spring8 Agency, Oreg., appropriation for support, etc., of In- dir..nsat _____________ 223,1571,1584 for employee's cottage_____________ 1567 Warm Springs, Ga., appropriation for fish cultural station, auxiliary to; balance available_ 99, 1129 Warrant Officer8, Army, appropriation for pay_____________ 329,1353 for aviation increase____________ 329,1353 for mileage____________________ 330,1353 appointment as, persons whose commis- sioned service in World War in- terrupted requisite service as quartermaster clerks_ _ ________ 718 recognition of World War commission as detached service away from station_ __ ___ ___ ___ _________ _ 719 recognition of all service for longevity pay and retirement____________ 719 number limitation not applicable to appointees___________________ 719 Warrant Officer8, Army, Navy, etc., period pay of commissioned__________ 1187 total pay, etc., of commiSSioned, estab- lished_______________________ 1187 maximum allowed________________ 1187 monthly base pay of Navy and Coast Guard_______________________ 1187 Warren County, Miss., granted easement across Vicksburg Mili- tary Park, for public highway __ 434 Warren, Ohio, bridge authorized acroBB Malloning River, at_____________________ 309 time extended for bridging Mahoning River, at____________________ 1535 Warren, Pa., deficiency appropriation for public Warren S!VfvD:C.~- 1662 appropriation for paving, etc., Thirty- eighth Street to Wisconsin Ave- nue; from gasoline tax fund____ 653 Warrior River, bridge authorized across, at Demopolis, Ala_________________________ 754 at Eutaw, Ala____________________ 754 Washington, agreement required of, to maintain road on Lummi Indian Reservation, free of Government expense_ ___ 366

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