text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/1844

 INDEX. xciii F.woz R,.." . Ac4a Ammdmmt.- Con. p ...... diacount, etc.; time limit for holding paper by Reeerve bank________ 975 computation of interest____________ 975 State banks, etc., becoming members of Federal l'eIerve system, to be depositaries olpublic money ____ 49~ may be employed as Government financial agents_______________ 492 security to be required___________ 492 Federal Ru_, Ban"-, clasB A director of, not prohibited from being an officer, etc., of two or more banks, etc_______________ 253 permit from Federal Reserve Board required_ ____________________ -253 erection authorized of building for Los Angeles branch of San Francisco Federal Reserve Bank, Calif___ 1140 Federal RUertHI Board, may issue or revoke permits for private bankers, officers of member banks, etc., to serve in not more than two other banks, etc_______ 253 Federal Ru,"" CurrtnC7/, appropriation for distinctive )aper for_______________________ 16~ 1032 for expenses redemption of, Treas- urer's office ________________ 168,1034 for expenses, Office of Comptroller of the Currency______________ 168, 1034 Federal Standard Stock Catalogue, PrintinJ~J01:09, 25 September 2010 (UTC)TarmstroBot (talk):~I:_01:09, 25 September 2010 (UTC) 1461 reimbursement from departments, etc__________________________ 1461 Federal TrCllk Commution, appropriation for Commisaionel'B ___ 579, 1236 for all other expenses___________ 579,1236 for printing and binding for _____ 579,1237 deficiency appropriation for expenses_ __ 887 amount for pe1'BOnal services in- c~______________________ 887 for salariesj.1929__________________ 1676 Feeble Minded (hildren, D. C., deficiency appropriation for mainte- nance _______________________ 9,891 Feu, AttONleJf'., provisions for reasonable, for services in German, etc., World War c~_______________________ 267 ~nalty for accepting excesa_________ 267 Fern Street NW., D. C., appropriation for paving, etc., Georgia Avenue to Blair Road; from gas- oIinet&xfund..___ ____ ____ ____ _ 652 Ferri4, C. E., etc., may bridge Mi~ippi River, at Prairie du Chien, Wis________________ 198 Ferri4, Woodbridge N., late a Senator, deficiency appropriation for pay to widow of-____________________ 883 Fertilizer., appropriation for investigations, etc., of________________________ 557,1207 deficiency appropriation for investi- gations___ __________ _____ ____ 1633 for loan of, to farmers for seed grain, etc., in southern storm stricken areaB________________________ 1635 Fiber Plant., appropriation for improving, etc., hard fiber production outside conti- nental are& ________________ 550,1201 PiIld Artiller1f, Armr, p .... deficiency appropriation for anna- ment___ 43,496, 1619, 1622, 1672, 1674 FwzJOj::;;s:ho;i,-;~;O&:; 49 appropriation for ~ction expenses_ _ 345 / 1366 deficiicl29~:01:09, 25 September 2010 (UTC)~_TarmstroBot (talk)_ 1690 FWd Cannon, ArmV, appropriation for purchase, manu- facture f etc__________________ _ for ammun tion for______________ _ for ammunition, etc., for practice___ _ FWd Service, CiDilian 343 343 343 survey directed 01 all classes of posi- tioD8 in.._____________________ 785 contents of report on compensation schedules____________________ 785 additional service. and grades_ ____ 785 detailed description of all clasaes of JX)8itions, qtialifications, etc__ ___ 785 list of allocation ol all positions, etc., in each department_ _______ 785 recommendations for assuring uni- form compensation under like employment, etc_ _____________ 785 statistical, etc., information_______ 785 adjustment of pay to correspor:d with amendments to classification Act olI923______________________ 785 FieUU Place S8., D. C., appropriation for grading, Nichols Avenue to Sheridan Road.._____ 655 Fijtunth CImIU, appropriation for salaries and expelllel! for taki~-- 89,1119 sum immediately available_____ 89,1120 Fijtunth Street SE., D. C., appropriation for paving, etc., Good Hope Road to U Street; from gasoline tax fund.._____________ 1272 Fifth Street NE., D. C., appropriation for paving, etc., Franklin to Girard Streets; from gasoline t&xfund_____________________ 1270 Fi/th. Strut NW., D. C., appropriation for paving, etc., Grant Circle to Decatur Street; from gasoline tax fund_____________ 652 for p&'ving, etc., Rittenhouse to Sheridan Streets; from gasoUne t&xfund_____________________ 652 for paving, etc., Van Buren to Aspen Streets; from gaeoline tax fund_ &52 for paving, etc., Jefferson to Long- fellow Streets; from gasoline tax fund________________________ 653 for paving, etc., Emerson Street to Kansas Avenue; from gasoline tax fund_____________________ 653 Fiftieth Street NE') D. C., appropriation tor grading, Ames to Blaine Streets________________ 655 Finance Department, ArmJ// appropriation for civilian pel'BOnnel, in Department_____________ 326,1349 for pay, etc., of the Army_______ 329, 1353 for clerks, etc__________________ 330, 1354 deficiency appropriation for salaries, 1929, office of Chief of_________ 1689 officers ofl to disburse pay of officers ana enlisted men of National Guards, quarterly by units_____ 407

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text: Richardson v. Goodard

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/

title: Richardson v. Goodard


text:
Page:A lover's tale (Tennyson, 1879).djvu/37

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text: Talk:Richardson v. Goodard

title: Talk:Richardson v. Goodard


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/1845

 xciv INDEX. - ""-cial A".,.u. 0-".".,. Pqe. State -bub, .tc;Lben of. Federal JleMnr. D)'1IWIII, may be em- Findkfl, 8:~."Doftaid;A;;;-~M;'-; 492 ~ credite allowed inaccounts of, for aoquir- iq Canadian properUea_______ 463 "... Aria, C...1IIiNioa oj, appropriation for 8XpeDIItW 01 ______ 677, 1284 for printing aud bindins for__ . __ 677, 1234 defi~l2D~:TarmstroBot (talk)__:01:10, 25 September 2010 (UTC) 1675 Fiwl4f1d, ap~::;tion for mini.ter to_______ 66, 1096 Fire fMfU, D. C., appropriation for relief fund allowances, etc__________ ~· __ __ _ __ _ __ __ 666,1283 for lIIIlaries, officers, etc _________ 666, 1283 for pel'IIC)IIall8rTioeL ___________ 666, 1283 for repaira to buildinp, etc______ 6CI6, 1283 for unifOl'Dl8, etc_______________ 666,1283 for apparatus repain, etc__________ 1283 construction, etc., in department re ~ shop _______________ 687,1283 for hoee, fuel, etc_ ________________ 1283 for new apparatus, etc_____________ 667 for site for engine company near Connecticut and Nebraska Avenues; ~hue price_______ 667 dJspoqI of. alte at Siiteenth and Webster Streets; deposit of pro- ceeds________________________ 667 site for new comJl&lly at SIxteenth Street and Colorado Avenue; funds available_______________ 667 for site for engine company DellI' Con- necticut and Nebraska Avenues; additionaL _ _ _ _ ______________ 1283 for house and equipment__________ 1284 deficiency appropriation for aalaries, 1929________________________ 1693 in recognition of conspicuous services in line of duty, one gold medal and ODe silver medal are to be awarded annually to two mem- bers of______________________ 1556 coJDJDittee to make the awarda______ 1556 preference to holders of, in making promotions_ _ _ _ ______________ 1056 Fire ReNting QuGlitiee oj Building Mat&- ~, appropriation for inv~ting, etc:i . fire prevention applianoea_ _ _ _ vi, 1122 Firat AaVt4nl PotttmG&llJr o-al, appropriation for, and office personnel_ 187, 1049 for field service under__________ 187, 1051 for poetmuters, usi8tanta, etc ___ 189,1051 for rent, light, and fuel _________ 189, 1051 for village delivery_____________ 189,1052 for City Delivery Service _______ 189,1052 for pneumatic tubeservice, New York and Brooklyn, N. Y __ __ __ _ _ 189,1052 Boston, !4ass_______________ 189, 1052 for vehicle allowance ___________ 189,1052 purchase of tractors and trailer trucks____________________ 190,1052 for travel and miJoce!la.noous ex- ~ 190,1052 . FInI 8trM BOllI, D. C., diacontmuance of IUlte to reDOnr ex- peDIeI of gradn!::t etc., due to subsidence of. by coDltruct- ing raUroad tunnel under______ 898 amount authorised to be accepted from railroad oompurlea in com- proaUae______________________ 398 "".t SWM NIl., D. C., deficiency appropriation for widening, G to Myrtle Streets__________ _ Fir.t 8"..., NW., D. C., 8 appropriation for paVingl • etc., G to H Streets; from gasollDe tax fund_ 653 Fir.t StrM 88., D. C., appropriation for grading, Atlantic Street to Halley Place_________ 655 FitA, study, etc., of means to prevent destruc- tion of/ occasioned by Govern- ment dItches, canals, etc_______ 478 amount authorized for_____________ 478 FitA and FillA Prodvcta appropriation for dikuaing commercial information as to market pricea, etc., 01._____________________ 562 Fiah &j'UfJe, Upper Miariarippi Wild Li,fe and appropriation for construction, equip- ment, etc _________________ 100, 1130 for acquiring areas for __________ 559,1210 acceptance authorized of gift of. lands in Clayton County for_________ 420 Fiaher Lumber C_pant/, may bridge Tensaa River, in Louisiana_ 765 Fitherlll.land CorporatUm, Vact of Fort H. G. Wright may be aold to__________________________ 1305 deposit of proceeds into military post construction fund_____________ 1305 FiaMriea Bursa_, D~:=oJC--. appropriation for . 'oner, and of- fice and field personnel ______ 98, 1128 for.Alaaka service; Pribllof Islanda__ 98, 1128 for employeea at large ___________ 98, 1128 for distribution car employees ____ 98, 1128 for fiab. cultural atations, employees__ 98, 1128 for fiah rescue station, Miaaiaaippi RiverValley _______________ 98,1128 for biological station8, employees __ 98, 1128 for employeea on vessels _________ 98, 1128 for trout DUl'8ery ponda, !4ammoth Springs, Wyo________________ _ for officers and crews, Alaska service_ 98 98, 1128 for administrative expeDSElll _______ 98,1128 for propagation expen _________ .: 98, 1128 buildings at Fort HumphreY8, Va_. 1 129 for La Cr0888, Wis., station_________ 1129 for establishing auxiliary, Leadville, ~o ______________________ 98,1129 Warm Springs, Ga.; reappropria- tion _______________________ 98, 1129 Spearfish, S. Dak., balance avalla- ble________________________ 98, 1129 for establishing Oklahoma auxiliary to Neosho, Mo____________ .: 99,1129

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text:
Richardson v. Goodard/Opinion of the Court

It was the case of a libel filed in the District Court by Goddard & Pritchard, against the barque Tangier, for the non-delivery of certain bales of cotton shipped at the port of Apalachicola. The barque arrived at Boston, and the cotton was lost under the circumstances mentioned in the opinion of the court. The District Court dismissed the libel, but this decree was reversed by the Circuit Court, and the vessel ordered to pay the amount reported by the assessor. The claimants of the vessel appealed to this court.

The case was argued by Mr. Shepley for the appellants, and by Mr. Cushing for the appellees.

Mr. Shepley said that the question involved might be presented under two aspects.

First. Assuming Thursday, April 10, to have been an ordinary working day, can the libel be maintained?

Second. If not, then does the fact that Thursday was a fast day maintain it?

I. Upon the first assumption, that Thursday is to be deemed an ordinary working day, the respondents establish a full defence upon this proposition-that before the destruction of the cotton by accidental fire, and before one o'clock, on Thursday, April 10, they had unladen it upon a suitable wharf, and one selected by the libellants, and made it ready for delivery under a full and reasonable notice to the libellants, thus legally tendering a delivery.

Upon the first of these two propositions, Mr. Shepley contended that the unlading which was shown to have taken place in this case was such a delivery as terminated the liability of the carrier as carrier, and cited the following authorities:

Story on Bailments, sec. 545.

2 Kent's Com., (6th ed.,) 604, and cases in note.

1 Gray's Rep. 271, Norway Plains Company v. Boston and Maine R. R. Co.

Cope v. Cordova, 1 Rawle Rep., 203.

Goold v. Chapin, 10 Barb. Supreme Court, 612.

Garside v. Trent and Mersey Navigation Company, 4 Term Rep., 389.

10 Met., 472.

Fisk v. Newton, 1 Denio.

Powell v. Myers, 26 Wend., 591.

Angell on Carriers, sec. 313.

With respect to the nature of the delivery, Mr. Shepley laid down the following propositions, each of which was sustained by references to the evidence.

I. the place of delivery was a proper one. It was on a wharf usual, and selected by the libellants.

II. The notices given were sufficient for all, and for unlading on Thursday as well as on previous days.

III. Before the fire, the cotton was all unladen, and that of the libellants was separated and so accessibly placed as to make it the duty of the consignee to take charge of it.

The next question is, whether the fact that Thursday was fast day, rendered the act of unlading under notice ineffectual to terminate the carrier's liability.

To show this, it must be made to appear, upon the whole evidence-that is, upon the evidence which the court judicially possesses or notices, and upon the evidence given at the trial that it is the universal usage in the port of Boston not to unlade goods, not liable to injury by weather, upon the forenoon of fast day, from a vessel whose unlading had begun and been interrupted by the neglect of consignees.

The argument upon which this position is maintained is this—

1. Thursday, April 10, 1856, was prima fronte a day proper for the discharge of cargo. The fact that the Governor of Massachusetts recommends it to be observed as a day of fasting, humiliation, and prayer, cannot be judicially known to this court to render it per se a day improper for the unlading of a half-discharged vessel.

Prima fronte that is a mere recommendation addressed to each man's free will, and which the respondents were legally at liberty to disregard; and as they did disregard it, all their rights remain unaffected under the general law.

The fact that it has been usual for the Governors to make a similar recommendation on other days, for many years, or for two hundred, on or about the same time in the year, does not advance or change the case. Each and all were mere recommendations addressed to each man's free will, which he was at liberty to disregard, and disregarding which, his rights would all remain under the general law.

2. It must appear then to the court, upon the whole evidence, that there is a usage to do no work like this under circumstances like these, to wit, the discharging of a half-discharged cargo under such circumstances as these, so universal as to bind the respondents.

The sources of this evidence are said to be—1. The judicial knowledge of the court.

2. The proofs in the cause.

(Upon each of these points, Mr. Shepley adduced various illustrations, and contended that they had a legal right to unlade on a fast day, as no law prohibited it. To strike from the week one of its working days, and compel us to a fast or a rest, to which law does not, a universal usage is demanded.

1 Duer on Ins., 258, 261, 262, 265.

The proof, so far from establishing such a usage not to unlade, establishes the universal usage to unlade.

The following points of fact are established by numerous witnesses (to whom Mr. Shepley referred.)

1. That the discharge of vessels begun to be unladen before fast day continues on that day.

2. Cargoes are moved on that day from the wharf.

3. Labor is generally done on that day by all to whom it is necessary or highly convenient to do it.

4. Expresses, freight and passenger trains, go on that day.

5. It is a working day in all charter-parties.

6. Public worship is not observed.

The proof of the usage respecting fast day is not sufficiently broad to deprive the master, who has before commenced unlading, of the right to continue it with all the rights he would have had if it had not been fast day. To that extent the unsuitableness of the day fails to be established by the usage, and the master's rights cannot be destroyed by simple proof that it is not usual to receive goods on that day. That usage not to receive does not affect both parties, does not act upon both, and does not deprive the master of the right, under such circumstances, to regard the day as a suitable day for discharging. The master cannot be affected by any usage prevailing among others, which does not reach and control his conduct. Fast day is a suitable day to unlade, unless there be full proof of a usage to prevent it. That usage must be broad enough to affect the conduct of both parties. The established usage, to complete on fast day an unlading commenced before, breaks in upon the usage attempted to be established so far as to leave the ship-master in the full possession of his rights on that day to act precisely as on any other day.

The practice to unlade on that day, and the custom not to receive, are inconsistent with each other to this extent-that the custom not to receive must fail to be established, so far as it is inconsistent with the right to complete an unlading on fast day, or else such right of unlading is of no effect.

If such a usage as is contended for by libellants be established, it is one which may be waived. It was waived by Solis, the clerk, who had full power to represent the consignees respecting the unlading and delivery as their agent, and he waived all objection to a delivery on fast day.

It is the duty of consignees to remove goods from the place where landed so soon as not to occasion delay, and this they engaged to do in this case, by Solis, their clerk. They neglected to do so, and thereby made it necessary to complete unlading on fast day. They cannot have damages occasioned by fire which would not have injured their property if they had not been guilty of neglect which subjected it to that injury.

Mr. Cushing commenced his argument by stating the following general law points:

1. The bills of lading in this case import one full and complete obligation to deliver as well as to carry.

Such is the general law of carriers by sea or land.

Angell on Carriers, sec. 322.

And such is the special law of carriage by sea.

Flanders on Shipping, secs. 507, 513.

See, also, Stevens v. Boston and Maine Railroad, 1 Gray, 277.

Parsons on Merc. Law, 202, 207.

Miller v. Steam Navigation Co., 13 Bar., 361.

2. The only exception to this rule, in marine carriage, is of perils of the sea.

Fire on the wharf after landing is not within the exception.

Oliver v. Memphis Ins. Co., 18 How., 312.

Airey v. Merril, 2 Curtis C. C. R. S.

3. Delivery is either actual or constructive.

Actual delivery is to the consignee, or his authorized agent, the deliveree receiving the goods in fact.

Constructive delivery consists of notice, tender, readiness, and present ability to deliver according to the contract, all such conditions being reasonable as to time and place, and so constituting duty to receive.

Addison on Contracts, 798.

Flanders on Shipping, sec. 811.

Angell on Carriers, sec. 323.

4. Unlading and delivery are, or may be, distinct facts, as well in constructive as in actual delivery.

Thus, the fact of landing on a wharf is not necessarily the fact of delivery.

Addison on Contracts, 811, 812.

Flanders on Shipping, 279.

Logs of Mahogany, 2 Sumner, 589.

Ostrander v. Brown, 15 Johnson, 39.

Gibson v. Culver, 17 Wendell, 305.

Fisk v. Newton, 1 Denio, 45.

Angell on Carriers, sec. 300.

5. Separation of the goods to be delivered from others is of the essence of the question of the readiness to deliver, and the duty to receive, so as to establish constructive delivery.

Brittan v. Barnaby, 21 How., 532.

6. Tender of delivery in such quantities, relatively to time, as may make reception and removal for storage practicable, is of the essence of constructive delivery.

Angell on Carriers, secs. 287, 313.

Brittan v. Barnaby, 21 How., 532.

Parsons Merc. Law, 208.

Price v. Powell, 3 Coms. App., 322.

Benson v. Blunt, 1 A. and Ellis, N. S., 270.

7. Due relation of notice of delivery to the time or times of delivery, so as to impose on the consignees no unreasonable consumption of time in the reception of the goods, is of the essence of constructive delivery.

Gatliff v. Bourne, 4 Bing. N. C., 321.

8. Proffer of delivery on and for a lawful day is of the essence of constructive delivery.

Ex. gr. The Lord's day is a statute holiday, on which unnecessary labor is forbidden in most of the countries of Christendom.

So, notice on the Lord's day and landing next morning are bad.

Bourne v. Gatliff, 11 Cl. and F., 49.

Generally, dies festi (corrupted into feast or fast, according to taste or occasion)-holidays (days of amusement, or days of sanctity, as the case may be, for the term covers both) are not days for the execution of contracts.

Chitty on Contracts, (7th Am. ed.,) 721, note.

As to such feast, fast, holy, or holi, days, the following things are to be noted, viz:

(a.) In common contracts not negotiable, if day of performance falls due on a holiday, it is performable the next day.

Chitty on Contracts, ut supra.

Chitty on Bills, (11th Am. ed.,) 277, note.

Sutton v. Burt, 20 Wendell, 205.

Staples v. Franklin, 1 Met., 47.

(b.) In negotiable contracts, or with grace, the day before.

Story on Prom. Notes, sec. 219.

Chitty on Bills, (11th Am. ed.,) 377 a, note.

(c.) National or local usages as to holidays have the same effect as statutes.

Story's Prom. Notes, sec. 222.

Chitty on Bills, (11th Am. ed.,) 378 a, note.

City Bank v. Cutler, 3 Pick., 414.

9. In constructive delivery, the conditions of reasonableness are affected, and sometimes determined, by the usage of business, which usage is a question of fact, regulated, however, by legal doctrines.

10. Until such delivery, actual or constructive, the ship's liability under the bill of lading continues.

Story on Bailments, sec. 538.

3 Kent's Com., 163-167.

Price v. Powell, 3 Com. App., 322.

Miller v. Steam Nav. Co., 13 Bar., 361.

Hill v. Humphreys, 5 Watts and S., 123.

Harmon v. Clark, 4 Camp., 159.

Goold v. Chapin, 10 Bar., 612.

Gatliff v. Bourne, 4 Bingham's N. C., 314.

S.C.., 3 Man. and Gr., 643.

S.C.., 11 Clark and F., 45.

Fisk v. Newton, 1 Denio, 45.

Thomas v. Bos. and Prov. R., 10 Mit., 432.

Lewis v. Western Railroad, 11 Mit., 314.

Norway Plains v. Bos. and Maine R., 1 Gray, 263.

III. Particular Points.-1. It appears proved in the present case, that, so far as any usage exists, to supply the elements of reasonableness in the evidence of constructive delivery, it is, to haul up to some suitable wharf, and land the goods to be received there.

That is conceded to be a lawful usage.

Gatliff v. Bourne, 4 Bing. N. C., 314.

In all other respects the general rules remain, as to notice and other circumstances, as already hereinbefore argued, ''exemp. gratia''.

(a.) Due notice to the consignee or his authorized agent.

(b.) Separation of the the goods.

(c.) Practicability of reception and removal.

(d.) Due relation of notice and time or times of delivery.

(e.) A lawful day.

2. It appears in the present case conclusively that the libellants used all due diligence to take away their goods as soon as the landing commenced, and so long as it continued prior to Thursday.

(a.) Libellants' agents and servants worked on Monday, and on Tuesday so long as they could find any cotton.

(b.) So far as regards men and teams, and storage, they could have removed all their cotton on Wednesday.

(Three witnesses.)

(c.) But the parcels were not separated or set apart by the ship on being landed, and were not according to law made by the master ready for delivery, and so there could be no constructive delivery, beyond the actual amount received in part and receipted for by libellants' agent.

See the tesitmony of the same witnesses.

This consideration applies to so much of the cotton burned, if any, as was landed before Wednesday.

3. Fast day by proclamation is a lawful holiday in Massachusetts, on which libellants were not bound to receive, and therefore all goods landed that day remained at the risk of the ship.

(a.) Statutes of Massachusetts, act of 1838, ch. 182, make bills of exchange falling due on fast day payable the day before, with notice of protest the day after.

Act of 1856, ch. 113, (April 15, 1856,) forbids courts and public offices to be open on fast day.

(b.) It is a dies non by immemorial usage in Massachusetts.

(Six witnesses.)

It is a much stronger case of dies non by usage than that in City Bank v. Cutler, 3 Pick., 414, which was of commencement day at Harvard College.

(c.) The custom-house is closed.

(One witness.)

(d.) To make out a case of constructive delivery on fast day, there must have been specific notice of intention to tender delivery that day, and special agreement to receive on that day. None of which appears, but the contrary is in proof.

(e.) There was no waiver by libellants of their right of holiday on fast day.

Solis, reception clerk of libellants, gave notice to the officers of the Tangier that he should not receive on fast day.

(Four witnesses.)

If it had been otherwise, he would have exceeded his authority, and his acts would not have bound his principal.

4. The limitation, by act of Congress, of the liability of ships, does not apply here.

Limitation is only in case of fire on board the ship.

Compare act of Parliament, 26 Geo. III, c. 86, with act of Congress of March 3, 1851, 9 Stat. at Large, 635.

And see Morewood v. Pollok, 18 Eng. L. and Eq., 341.

IV. Conclusion. 1. There was no actual delivery in this case.

2. The goods were destroyed before the time of lawful reception arrived, and there was no constructive delivery.

3. The ship is therefore liable for the goods.

4. And to the full value.

And the decree of the Circuit Court must be affirmed.

Mr. Justice GRIER delivered the opinion of the court.

The barque 'Tangier, a foreign vessel in the port of Boston,' is charged in the libel with a failure to deliver certain bales of cotton, according to her contract of affreightment. The answer admits the contract, and alleges a full compliance with it, by a delivery of the cargo on the wharf; and that after such delivery, a part of the cargo was consumed by fire, before it was removed by the consignees.

The libellants amended their libel, admitting the receipt of 163 bales, and setting forth, as a reason for not receiving and taking away from the wharf that portion of the cargo which was unladen on Thursday, 'that, by the appointment of the Governor of Massachusetts, that day was kept and regarded by the citizens as 'a day of fasting, humiliation, and prayer,' and that from time immemorial it has been the usage and custom to abstain from all secular work on that day;' and consequently, that the libellants were not bound to receive the cargo on that day; and that such a delivery, without their consent or agreement, is not a delivery or offer to deliver in compliance with the terms of the bill of lading.

Three questions of law were raised on the trial of this case below:

1. Whether the master is exempted from liability for a loss occasioned by accidental fire, after the goods are deposited on the wharf, by the act of Congress of March 3d, 1851.

2. Whether the master is liable, under the circumstances of this case, for the loss of the cotton, on the general principles of the maritime law, excluding the fact of fast day.

3. If not, whether the right of the carrier to continue the discharge of his cargo is affected by the fact that the Governor had appointed that day as a general fast day.

As our decision of the second and third of these points will dispose of this case, we do not think it necessary to express any opinion on the first.

We will first inquire whether there was such a delivery of cargo in this case as should discharge the carrier under this contract of affreightment, irrespective of the peculiar character of the day.

The facts in evidence, so far as they are material to the correct decision of this point, are briefly as follows:

The barque Tangier arrived in the port of Boston on the 8th of April, with a cargo of cotton, intending to discharge at Battery wharf; but at the request of the consignees, and for their convenience, she 'hauled up' at Lewis's wharf. She commenced the discharge of her cargo on Monday, the seventh, and on the same day the master gave notice to the consignees of his readiness to deliver the goods. The unlading was commenced in the afternoon, and was continued through the forenoon of Tuesday, when, the cotton not being removed, the wharf became so full that the work was suspended. Notice was again given to the consignees; and they still neglecting to remove their cotton, a third notice was added on Wednesday morning. On the afternoon of that day, all the cotton which had been unladen on Monday and Tuesday was removed, excepting 325 bales, which remained on the wharf over night. On Thursday morning, the wharf was so far cleared that the unlading was completed by one o'clock P. M. On that day, the libellants took away about five bales, and postponed taking the rest till the next day, giving as a reason that it was fast day. About three o'clock of this day, the cotton remaining on the wharf was consumed or damaged by an accidental fire.

The contract of the carrier, in this case, is 'to deliver, in like good order and condition, at the port of Boston, unto Goddard & Pritchard.'

What constitutes a good delivery, to satisfy the exigency of such a contract, will depend on the known and established usages of the particular trade, and the well-known usages of the port in which the delivery is to be made.

A carrier by wagon may be bound to deliver his freight at the warehouse of the consignee; carriers by railroad and canal usually deliver at warehouses belonging to themselves or others. Where the contract is to carry by sea, from port to port, an actual or manual tradition of the goods into the possession of the consignee, or at his warehouse, is not required in order to discharge the carrier from his liability as such.

There is no allegation of a particular custom as to the mode and place of delivery, peculiar to the city of Boston, which the carrier has not complied with. The general usages of the commercial and maritime law, as settled by judicial decisions, must therefore be applied to the case. By these, it is well settled that the carrier by water shall carry from port to port, or from wharf to wharf. He is not bound to deliver at the warehouse of the consignee; it is the duty of the consignee to receive the goods out of the ship or one wharf. But to constitute a valid delivery on the wharf, the carrier should give due and reasonable notice to the consignee, so as to afford him a fair opportunity of providing suitable means to remove the goods, or put them under proper care and custody.

Such a delivery, to be effectual, should not only be at the proper place, which is usually the wharf, but at a proper time. A carrier who would deposit goods on a wharf at night or on Sunday, and abandon them without a proper custodian, before the consignee had proper time and opportunity to take them into his possession and care, would not fulfil the obligation of his contract. When goods are not accepted by the consignee, the carrier should put them in a place of safety; and when he has so done, he is no longer liable on his contract of affreightment.

Applying these principles to the facts of this case, it is clear that (saving the question as to the day) the respondents are not liable on their contract of affreightment for the loss of the goods in question. They delivered the goods at the place chosen by the consignees, and where they agreed to receive them, and did receive a large portion of them, after full and fair notice.

The goods were deposited for the consignees in proper order and condition, at mid-day, on a week day, in good weather. This undoubtedly constituted a good delivery; and the carriers are clearly not liable on their contract of affreightment, unless, by reason of the fact next to be noticed, they were restrained from unlading their vessel and tendering delivery on that day.

II. This inquiry involves the right of the carrier to labor on that day, and discharge cargo, and not the right of the consignee to keep a voluntary holiday, and to postpone the removal of the goods to his warehouse to a more convenient season. The policy of the law holds the carrier to a rigorous liability; and in the discharge of it, he is not bound to await the convenience or accommodate himself to the caprice or conscientious scruples of the consignee. The master of a ship usually has a certain number of lay-days. He is bound to expedite the unlading of his vessel, in order to relieve the owners from the expense of demurrage, and to liberate the ship from the onerous liability of the contract of affreightment as soon as possible. He has six days of the week in which to perform this task, and has a right to demand the acceptance of his freight by the consignee. The consignee may think it proper to keep Saturday as his Sabbath, and to observe Friday as a fast day, or other church festival, or he may postpone the removal of the goods because his warehouse is not in order to receive them; but he cannot exercise his rights at the expense of others, and compel the carrier to stand as insurer of his property, to suit his convenience or his conscience.

Let us inquire, then, first, whether there is any law of the State of Massachusetts which forbids the transaction of business on the day in question; 2dly. If not, is there any general custom or usage engrafted into the commercial or maritime law, and making a part thereof, which forbids the unlading of vessels and a tender of freight to the consignee on the day set apart for a church festival, fast, or holiday; and 3dly. If not, is there any special custom in the port of Boston which prohibits the carrier from unlading his vessel on such a day, and compels him to observe it as a holiday.

1. There is no statute of Massachusetts which forbids the citizen to labor and pursue his worldly business on any day of the week, except on the Lord's day, usually called Sunday. In the case of Farnum v. Fowle, (12 Mass. Rep., 94,) it is said by Chief Justice Parker: 'There are no fixed and established holidays in Massachusetts, in which all business is suspended,' except Sunday.

2. The observance of Sunday as a Sabbath or day of ceremonial rest was first enjoined by the Emperor Constantine as a civil regulation, in conformity with the practice of the Christian church. Hence it is a maxim of the civil law, Diebus dominicis mercari, judicari vel jurari non debet.' This day, with others soon after added by ecclesiastical authority, (such as Dies natalis,' or Christmas, and Pascha,' or Easter, were called Dies festi,' or 'Feriae,' which we call festivals, saints' days, holy days, or holidays. In the thirteenth century, the number of these festivals enjoined by the church was so increased that they exceeded the number of Sundays in the year. The multiplication of them by the church had its origin in a spirit of kindness and Christian philanthropy. Their policy was to alleviate the hardships and misery of predial slaves and the poor laborers on the soil who were compelled to labor for their feudal lords. But afterwards, when these vassals were enfranchised and tilled the earth for themselves, they complained that 'they were ruined' by the number of church festivals or compulsory holidays. In 1695, the French King forbid the establishment of any new holidays, unless by royal authority; and the church went further, and suppressed a large number of them, or transferred their observance to the next Sunday. (See Dalloz, vol. 29, Tit. 'Jour ferie,' and 2d Campeaux droit civil, page 168.)

The same observance of these festivals was required by the ecclesiastical authorities as that which was due to Sunday. Men were forbidden to labor or to follow their usual business or employments. But to this rule there were many exceptions of persons and trades, who were not subjected to such observance.

Without enumerating all the exceptions, we may mention that, by the canon law, the observance of these days did not extend 'to those who sold provisions; to posts or public conveyances; to travellers; to carriers by land or water; to the lading and unlading of ships engaged in maritime commerce.'

Thus we see that in those countries where these holidays had their origin, and the sanction both of Church and State, they were not allowed to interfere with the necessities of commerce, or to extend to ships, or those who navigate them. And it would certainly present a strange anomaly, if this country, in the nineteenth century, should be found re-establishing the superstitious observances of the dark ages with increased rigor, which both priest and sovereign in the seventeenth have been compelled to abolish as nuisances.

In England and other Protestant countries, while a more strict observance of the Lord's day is enforced by statute, the other fasts and festivals enjoined by the church have never been treated as coming within the category of compulsory holidays. Every man is left free to follow the dictates of his conscience in regard to them. Formerly their courts sat even on Sunday; nor were contracts made on that day considered illegal or void till the statute of 29 Charles 2d, c. 27, was enacted, whereby 'no person whatever is allowed to do or exercise any worldly labor or work of their callings on the Lord's day.' But this prohibition was never extended, either by statute or usage, to other church fasts, festivals, or holidays. It is true that there are three days in the year, to wit, 'Candlemas, Ascension, and St. John the Baptist,' in which the courts do not sit, and the officers are allowed a holiday. But there is no trace of any decision by their courts that worldly labor was prohibited on those days, or any usage that ships should not be unladen and freight delivered and received on such days. These saints' days and church fasts or festivals are treated as voluntary holidays, not as Sabbaths of compulsory rest.

In the case of Figgins v. Willie, (3 Blackstone, 1186,) where a pablic officer claimed a right of holiday on the feast day of St. Barnabas, Chief Justice De Grey says: 'I by no means approve of these self-made holidays; the offices ought to be open.' And in Sparrow v. Cooper, (2 Blackstone, 1315,) the same judge observes, in reference to the same day: 'There is no prescriptive right to keep this as holiday. It is not established by any act of Rarliament. The boards of revenue, custom-house, and excise, may act as they please, and pay such compliment to their officers and servants as they shall judge expedient by remitting more frequently the hard labor of their clerks, but they are no examples for the court.' And the Justices Gould and Blackstone severally observe: 'My objection extends to all holidays, as well as St. Barnabas day.'

It may be observed, in passing, that there, as well as here, the class of persons most anxious to multiply holidays were the public officers, apprentices, clerks, and others receiving yearly salaries.

It is matter of history that the State of Massachusetts was colonized by men who fled from ecclesiastical oppression, that they might enjoy liberty of conscience, and that while they enforced the most rigid observance of the Lord's day as a Sabbath, or day of ceremonial rest, they repudiated with abhorrence all saints' days and festivals observed by the churches of Rome or of England. They 'did not desire to be again brought in bondage, to observe days and months, and times and years.' And while they piously named a day in every year which they recommended that Christians should spend in fasting and prayer, they imposed it on no man's conscience to abstain from his worldly occupations on such day, much less did they anticipate that it would be perverted into an idle holiday. The proclamation of the Governor is but a recommendation. It has not the force of law, nor was it so intended. The duties of fasting and prayer are voluntary, and not of compulsion, and holiday is a privilege, not a duty. In almost every State in the Union a day of thanksgiving is appointed in the fall of the year by the Governor, because there is no ecclesiastical authority which would be acknowledged by the various denominations. It is an excellent custom, but it binds no man's conscience or requires him to abstain from labor. Nor is it necessary to a literal compliance with the recommended fast day that all labor should cease, and the day be observed as a Sabbath, or as a holiday. It is not so treated by those who conscientiously observe every Friday as a fast day.

III. Does the testimony in this case show that from time immemorial there has been a well-known usage, having the force and effect of law in Boston, which requires all men to cease from labor, and compels vessels engaged in foreign commerce to cease from discharging their cargoes, and hinders consigness from receiving them?

We do not know this fact judicially, for (except in this case) there is no judicial decision, or course of decisions, in Massachusetts, which establishes the doctrine that carriers must cease to discharge cargo on this day in the port of Boston, but rather the contrary. And after a careful examination of the testimony, we are compelled to say that we find no sufficient evidence of such a peculiar custom in Boston, differing from that of all other commercial cities in the world.

The testimony shows this, and no more: That some persons go to church on that day; some close the windows of their warehouses and shops, and either abstain from work or do it privately; some work half the day, and some not at all. Public officers, school-boys, apprentices, clerks, and others who live on salaries, or prefer pleasure to business, claim the privilege of holiday, while those who depend on their daily labor for their daily bread, and cannot afford to be idle, pursue their occupations as usual. The libellants appear to have had no conscientious scruples on the subject, as they received goods from other ships, and some from this. But the testimony is clear, that however great the number may be who choose to convert the day into a voluntary holiday for idleness or amusement, it never has been the custom that vessels discharging cargo on the wharves of Boston ceased on that day; that like the canon law regarding church festivals and holidays of other countries and former ages, the custom of Boston (if it amount to anything more than that every man might do as he pleased on that day) did not extend to vessels engaged in foreign commerce, or forbid the carrier to continue the delivery of freight on that day.

On the whole, we are of opinion that the barque Tangier has made good delivery of her cargo to the consignees according to the exigency of her bill of lading, and that the decree of the Circuit Court should be reversed, and the libel dismissed with costs.


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Page:United States Statutes at Large Volume 45 Part 1.djvu/1846

 INDEX. ri,,..,.. BureG'1.t DeparifMftC 01 C"".. Pal' 1II4II"Ot--U)ntiDueci. appropriation for fiah hatchery, B&nr.- ~ lVyo___________________ 99 NorthYme, Mich.. ________ .. ___ _ 99, 1129 f(\r transfer of Bryans Point atation to Fun Humphre~. VL_______ 99 for biologicalltation, Beaufori, N. C. 99 for ~Dp &.bert______________ 100, 1130 for .AIUIta, pnenl aervioe; proWlct- iDs ..J . fImeriee; food to Dativea, eWL_________________________ 1130 for MMUlippi wild life aud fiah reI- up; equipment, etc________ 100,1130 for power vElllel .. local tender for Pribilol I.Jand8, Aluka fiaheriea_ 1130 defienc~ appropriation for Boothbay Harbor. Me., power v~eL____ 16 for fieh hatchery, Springville, Utah_ 16 for miacellaneoua exp8nae1_ u uu 46, 1671 for Dew distribution CAr____________ 897 for food fishes inquiry _____________ 898 for fish cultural station, Lake Worth, Tes_________________________ 898 for salaries, 1929, under___________ 1680 FUMrUa Commiuion, Iflterf&alional HGli- but, appropriation for expell8e8 __________ 28, 1106 Fuheriu, Salmon (aee Alaska Fisheries). FiJchburp, Mcu/l., appropriation for public building______ 1042 deficiency appropriation for public buildbig at___________________ 920 FittJflflfYlld, Ga., bridge authorized ac1"Oll8 Ocmulgee River, at_____________________ -i03 time extended for bridgin« Ocmu1gee River,at_____________________ 1447 FiUmovrit:e, Ja"".. C ., distinguishedflying C1"Ol8 to bepreeented to Ehrenfried Gunther von Huenefeld, Herman Koehl, and, for fint; alrpiane nonetop flight from Europe to North Ainerica_ 482 Firle Cirliliud Tn"- oJ lradimal, 0&., appropriation for expenaea 01 attorne~ etc., in probate matters elf< restricted allotieel, etc______ ,1567 for expenaea, aeIling tribal property,. from pr00eed8 _____________ 206,1568 aegrepted Choctaw and Chickasaw coal and asphalt Janda Included etc_______________________ 206, 1568 for final settlement of aftaira of_____ 206 for tribal school8; allotments desic. nated_____________________ 21 ~ 1577 for per capita, etc., payments equal- ization of allotments, etc____ 223, 1684 payments authoriRd from tribal funds to desi«nated officials_ 224, 1585 for expell8e8 of attorneys, etc_ ___ 224, 1585 deficiency appropriation for equalizing Chickasaw allotments of freed- men_________________________ 1617 for administration of atraira_ ___ 1671, 1673 detailed report of all expenditures from appropriations for IUpport, to be submitted annually ________ 221,1583 restricted lands of each Indian, in excess of 160 acres, lubject to State taxation, after April 26, 1931._ _ 733 owner to select exempted tract_ _ ___ 733 selection by Superintendent, on failure oflndian,orifowner a minor, etc_ 733 • FiN Civili.led Tribea 0/ I~. Ol:la.- Continued. restricted landa of each 1ndIaD; d_g - Dated laDclafllUlDPt from tua. tion "hUe title remain8 in the Indian .___ ________ _______ ___ 734 Hmitation of esemption perlod.. _ __ 734 tax eumptioD DOt to _ceed 180 acn.________________________ 734 restrictioD agalnat; alienation, Mo., of allotment. to members of one- half or more Indian blood, further extended_ _____________ 495 removal authorised UPOD application of ownen, etc________________ "VI provlsiona for removin« re.trictiona on death of allotteea, contlnued.. __ · 495 from homeateada 01 decedent al- Provlsi~!To; =-;ip~p;,;ti-bY 495 will CC':ltinued until April 26, 1968________________________ t96 minerals .produced from restricted al- lotted I&Dda of lubject to tau. - tioD after APril 26, 1I~31_______ 496 p&YJI181lt 01, from funda of individual indian own..________________ 496 restricted 1ancIa In eKCeII of 160 acres, lubject to State taxation after April 26, 1931._______________ '96 selection by OWDel', of tract to be certified &I exempt____________ "" by luperintendent OD fallure of owner, or if legally incompetent_ 491 dellpated ucla uem~ from tua. tion, _hUe title remaiDe in ~e:, ~eiDpuoii-Hmi~=::::: not over 160 aerfII e:rempt ______ _ DO reltrictiODl rei.mpoeed, nor taxatiOD eumpted, by thfs Act_________ 491 Superintendent of, piaoed under civil aervioe ruJee, etc______________ 1583 time ext.ended for mt!1l suits in Court of Claims, of Clieroteee _______ 1229 ~Ino~________________________ 1230 ~ka___________________________ 1230 Choctaws and Chickasaws__________ 1230 unexpended balance 01 appropriation, for costs in suits of Indian allottees, covered in___________ 215 for equalizing allotmenta, Creek ~en____________________ 215 for Cherokee Orphan Training SChool______________________ 215 FI44/ltal, An •.• defiClency appropriation for Indian telephone line to Kayenta from.. 1638 Flatldreau, S. Dczl:., . appropriatioD for Indian School at__ 259, 1580 Flathead Agency, Mom., appropriation for support, etc., of In- dians at_____________ 222, 1571, 1584 Flathead Indian RumIation, Mom., appropriation for continuin« conatruc- tion, irrigation IYstems on___ 212, 1574 use of power plant allotment for distributin«lystem_________ 212, 1574 licenses for developing power, etc., authorized; rentals to credit of Reservation Indians___________ 213 public Dotice of permit requests_ _ 213

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text: Talk:Richardson v. Goodard/Opinion of the Court


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Page:United States Statutes at Large Volume 45 Part 1.djvu/1847

Flathead Indian Reservation, Mont.-Con. Page licenses for power, etc.; public notice of permit requests 213 discretionary conditions in repayment contracts 213 construction of laterals near Ronan 213, 1574 deficiency appropriation for irrigation system, construction; objects specified 1639

Flax, appropriation for cultivating, for seed purposes. 551, 1201 for studying diseases of 551, 1201 Fleet Naval Reserve, appropriation for subsistence, etc. 627 for pay and allowances. 631, 1460 if members not physically qualified on reporting, transferred to Navy retired list, with pay then receiving, etc. 1477 pay of enlisted men transferred from former Fleet Reserve. 1477 on transfer to Navy retired list after 30 years service, plus allowances. 1477 due members transferred prior to July 1, 1925, forfeited on failing to report for inspection 1477 Flescher, Groves K., etc., may bridge Wabash River, at McGregors Ferry, Ill. 480

Flint, Mich., appropriation for public building... 179, 1042

Flood Areas, appropriation for rehabilitating farm lands in 543

Flood Areas in Southern States, deficiency appropriation for loans for rehabilitating farms in 1635 advances authorised to farmers and fruit growers in flood stricken designated States, for seed, feed, and fertilizer purchases. 1306 procuring seed, feed, and fertilizers to be sold to farmers, etc 1306 lien on crop deemed sufficient security 1306 agencies to be designated to make advances, loans, etc. 1306 sum authorised for purposes hereof 1307 punishment for false statements to obtain loans, etc. 1307 Flood Control, appropriation for, Mississippi River and tributaries 359, 1381 for emergency fund for rescue work on tributaries of the Mississippi 1381 for Sacramento River, Calif 359. 1381 for return to California of contribution by, for, of Sacramento River. 1381 deficiency appropriation for reimbursing Mississippi River Commission, for emergency work on account of flood of 1927 38 allotment of funds used approved. 38 preliminary examinations directed of designated streams for 1164 of designated rivers for removal of sources of pollution 1164 of Mud Creek, Ky., etc. 1228

Floods of 1927, appropriation for restoring roads and bridges damaged by 570 for relief of designated States for their losses of roads, bridges, etc., due to. 1381

appropriation for relief of designated States, etc., restoration, etc., of roads and bridges subject to approval of Secretary of Agriculture. 1382

equal expenditure by the States required 1382 county funds in various States, unable, as a result of, to support constructive activities of county extension agents in agriculture, etc. 53 cooperation authorized for employing county agents, etc., in rehabilitating farm areas. 53 sum authorised for employing county extension agents, etc. 53 Floods on the Mississippi River, etc. (see also Mississippi River and Tributaries Flood Control), deficiency appropriation for prosecution work of control. 930 provisions for control of 534-539

Florence-Casa Grande Irrigation Project, Ariz. (see also San Carlos Indian Reservation, Ariz.), appropriation for construction and maintenance 210, 1573 merger authorized of San Carlos project, and 211 Florence Crittenton Home, D. C., appropriation for care of women and children under 676, 1293 Florida, advances authorized to farmers and fruit growers in storm and flood stricken areas of, to purchase seed, feed, and fertilizer, for crop of 1929. 1306 gift of Navy ship "Dispatch" to, for State fisheries department 300 lands at Santa Rosa Island, acquired from Army by, may be used for recreational purposes. 974 no charge for admission to be made to. 974 may acquire, after completion, bridge across Garniers Bayou, between Smack Point and White Point.. 1311 Perdido Bay, at Bear Point, Ala. 385 Inerarity Point, Fla., to Baldwin County, Ala.. 771 Tampa Bay, from Pinellas Point to Piney Point 405 report, etc., on bridges on Oversea Highway from Key West to mainland of, to be made 591 "Florida," Italian Steamship, thanks of Congress tendered officers and crew of United States steamship "America," for heroic rescue of officers and crew of 1154 Florida Southern Judicial District, additional judge authorized for 1081 Flying Field, Army New Primary, San Antonio, Tex., amounts authorized for designated buildings, etc., 129 Flying School and Field, San Antonio, Tex., New Primary, deficiency appropriation for construction, etc. 926 use of amounts for Brooks, and Kelly, Fields, etc. 926


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Page:United States Statutes at Large Volume 45 Part 1.djvu/1848

 INDEX. xcvii l1'lyiftfl8c1aool OM Field, 80" A Rtoftio, Ta:., hie. N f1D Primorv--Continued. amount. authorilled for designated COnstru::!C::~b.ill~n:authOrbedat- F1u'ftfI 8chooll, Army, - apJ)!Opriation for maintenance, etc_ 337, 1360 Fog 8igRola, D appropriation for ______________ . __ 9 6,1126 .. Old,,,, Room, Home oj Re~, appropriation for luperIntendent, fold- ~ etc___________________ 622,1392 Foldi", Room, Smale, appropriation for foreman, usiatant, folders, etc________________ 519,1389 11'." William A., deficiency appropriation for aernces_ _ 2, 88.!!z 16~ Folk, IAVi E., name placed on yellow fever honor roll and presented gold medaL_____ 1409 to receive $125 monthly_____________ 1410 Food, DrUf/, and Insecticide AdminiBtro- tion! Deportment of Agriculture, appropriation for Chief of Administra- tion, and office personneL ___ M6, 1217 for collaoorating with other depart. - ments in chemical investiga- tionB _____________________ 566, 1217 for executing pure food law; revision of Pharmacopceia __________ 566,1217 for administering Naval Stores Act__ 566, 1218 for preventinll sale, etc.} of adulterat- ed insecticides and fungicides.. M6, 1218 for executing Milk importation Act_ 566, for enf~rcing Federal Caustic Poison 1218 Act_______________________ 566, 1218 for moving laboratory equipment, New York City_______________ 567 deficiency apEropriation for pure food inspec ion, etc________________ 14 for regUlating importation of milk and cream, etc ______________ _ for enforcing Federal Caustio Poison 14 Act_________________________ 14 for salaries, 1929_ ________________ 1678 Food PToduda, Agricultural, appropriation for biological investiga- tions, etc., oL _____________ 556,1207 for distributing information of mar- keting, distributing, supply, etc., oL ______________________ 661,1212 for disaeminating information of mar- ket supply, demand, etc., for_561, 1212 for utilizing farm products in the home_____________________ 564, 1215 FOOth, etc., D. C ., appropriation for detecting adultera- tions, etc., of______________ 668, 1285 Foot and Mouth DUeaau of Animal.!, m., appropriation for emergency 1llIe in eradicating, etc ____________ 548,1198 Fqrage Crop', appropriation for investigating diseases of________________________ 550,1201 for investigating improvement oL 552, 1202 for investigating insects alfecting_ 558, 1208 Fqrage, MariM CqrP8, appropriation for ________________ 640,1468 li'qrage Plant3, appropriation for improving, etc ___ 552,1202 Forbea, Wallace W., P .... name plaoed on yellow fever honor roll and presented gold medaL _____ 1409 to reeeive 1125 montbly_____________ 1410 Ford Theater Buildi"" D. C., .Justody, etc., ot.tran.ferred to office of Publio ~un~ and Publio Parks of N ation&l CapitaL _____ 888 ForeigA OM V-tic Com_ BurllGu, Deportrrwmt of ComtllerC:e, appropriation for Director, and otIice personnel __________________ 85,1116 for establishing, etc., Foreign Com- merce Service in ____________ 85,1116 clerka to commercial attaoh6a, etc_ 851 1110 for promoting commerce, Europe and . other are&I_________________ 86, 1117 for promoting commerce in Latin Arnerica ___________________ 86,1117 for })romoting commerce in the Par Eaat ______________________ 86, 1117 for })romoting commerce in Africs_ 86, 1117 for Diltrict and Cooperative Office Service ____________________ 86,1117 for enforcing China Trade Act____ 86, 1117 for investigating export induatries_ 86, 1117 for dom_ic commerce and raw materials investigatiolll______ 87, 1118 for Customs Statistics aection ____ 87, 1118 for compiling Directory of Foreign Buyers ____________________ 87,1118 for investigating foreign trade re- . trictioDl __________________ 87,1118 for brinBing home remains of oflicera etc., dying abroad___________ 88,1118 for transportation of families and effects of oflicers, etc ________ 88, 1119 reatriotlOD on using foreign vee- ~s _______________________ 88,1119 attendance at meetinp for pro- moting commerce, etc _______ 88, 1119 open market minor purchaaM in foreign countries______________ 1119 deficiency appropriation for transpor- tation of famlliea and effects of officers, etc__________________ 15 for promoting commerce, .Europ!, etc____________________ ~ __ 897, 1617 for domestic oommerce_ _ _ _______ __ 897 for collecting customs statistics_____ 1609 for promoting commerce in Far Eaat__ 1617 for salaries, 1929, under ___________ 1678 Fqreign Buyer., Diredor7l uf, appropriation for compiling, eto. ___ _ 87, 1118 Forelgn ComtllerC:e 8enJice appropriation for expen- of_______ 85,1116 Fqre1gn Vorpqratiom (3U 0130 Income Tax, Revenue Act of 1928), provisions of Revenue Act relating to_ 849 Foreign Countries, acquiBition of buildings, etc., for UlMl of foreign aervice in, authorized___ 971 Foreign Decorati0R3, acceptance of, authorized by designated Army, Navy, and Marine Corps ~fficers, in appreciation of aerv- lees rendered_________________ 744 Navy- officers_____________________ 744 Manne Corps officers______________ 745 Army officers_____________________ 745 Fqreign Government., . invitation to participate in Inter- national Petroleum Exposition extendedto_________________ ~ 788

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text:
Middleton v. McCrew

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

It was an action of trespass to try title brought by Middleton, a citizen and resident of the State of Missouri, to recover a tract of land in the county of Refugio, in the southern and western margins of the San Antonio and Guadalupe rivers, being the same land which was granted to a certain Joshua Davis, by the proper authorities of the State of Coahuila and Texas, in the colony of Power and Hewetson, and bounded as follows, to wit: on the north by the rivers San Antonio and Guadalupe, on the south by vacant lands, on the east by the league of land granted to P. Hines, and on the west by the league granted to Dona Josefa Galan, widow of _____ Hernandez, deceased, having a front, when reduced to a straight line, on said river, of about eight thousand eight hundred and eighty-seven varas, and running back about fourteen thousand and sixty varas, and containing five and one-fourth leagues.

The amended answer of the defendant, McGrew, said that the plaintiff ought not to have and maintain his action herein, because he says that the said Joshua Davis, in the petition named, under whom the plaintiff claimed, died in the year 1835. That his next of kin and pretended heirs, under whom the plaintiff claims, were, at the date of his death, aliens to the Republic of Mexico, being citizens of the United States of America, residing in the State of Missouri, and thenceforward continued and remained aliens as aforesaid, and aliens from the Republic of Texas, being citizens of the United States, resident in the State of Missouri as aforesaid. And that the said next of kin and pretended heirs did not at any time prior to the annexation of Texas, or ever after, take possession of the land sued for, and did not, prior to said annexation, make sale of the same, but the said land remained, from the time of the death of said Davis, continuously until the present time, in the adverse peaceable possession of this defendant and those under whom he claims, holding and claiming the same adversely to the pretended right and title of the said next of kin, which is the title under which plaintiff claims in this suit, and this he is ready to verify. Wherefore he prays judgment, &c.

After much evidence was given upon the trial, which it is not necessary to recite, the court charged the jury, that if they found by the evidence that Joshua Davis, the grantee under whom the plaintiff claimed, departed this life in the year 1835, having no other kindred than three brothers, citizens and residents of the United States, and aliens to Mexico, such brothers, by reason of alienage, could not take real estate by descent from him in Mexico. To the opinion of the court in thus charging the jury, the said plaintiff excepted. Whereupon, the jury found a verdict for the defendant, and the plaintiff brought the case up to this court.

It was argued by Mr. Hughes for the plaintiff in error, and submitted on a printed argument by Mr. Ballinger for the defendant.

Mr. Hughes laid down the following propositions:

1. That, by the laws of Spain and of the Indies, a foreigner domiciliated in a foreign country, in all times past, at least from the time of Alonso el Sabeo, in the thirteenth century, during whose reign the Siete Partidas was compiled, could take as an heir to a person dying in Spain.

2. That this rule is not limited or changed by reason of anything in the colonization laws of Coahuila and Texas, or in the judgments of the courts of Texas; whence it follows, that—

3. The plaintiff ought to have recovered in the court below, having derived his right from the brothers and heirs of the grantee, Joshua Davis.

As the arguments of the counsel upon these points, and especially upon the construction of the judgments of the courts of Texas, would be interesting only to the profession in that State, they are omitted.

Mr. Justice CAMPBELL delivered the opinion of the court.

title: Middleton v. McCrew


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Page:United States Statutes at Large Volume 45 Part 1.djvu/1849

 xcviii INDEX. II",. o-~ntinued. rep.- e atativeB of, invited to attend, Intem&Uonal Aeronautical Con- f8leDC8 of Civil AeI'ODautiOl,· M Washington, D. C____________ 1011 liar. Mea., P0IIGl8.mc., appropriation for transportation of, by ateam.hip, airoraft, or other- 1ri8e.. _____________________ 190, 1018 allowance for airoraft aervioe__ I90, 1033 _posteenice______________ 190,1063 Mliltant .uperintendent, New Yorka~ 190,1063 forbalanceaduefQJ'8igncountriea_ 191,1053 deficieDoy approprlatioD for balaDoee due fo~ countriea ________ 27,1620 for beJancea due foreign countries, for deaignated Ye&rL _________ _ 27 for interesl OD balanoee due Norway, Sweden, and DellIll&l'k_________ 27 for trauaportation______________ 910. 1660 for t~tion, under Merchant ManaeAct__________________ 910 com~tion ft)r tranaportation of, in American veue1a______________ 1175 in foreip vfllllela.._________________ 1175 eontl1lCte for tranaportation under Merchant Marine Act, not _____________________ 1175 contracta authorYed for ten-year pe- riodl, for air tranaportation of__ rates to be fixed; award to lowest l'CIIpOoaible bidder____________ _ ten-year contracta authorUec:l for air mail aervioe between U nlted States and ~ODl and for- 248 248 eign countriee, etc., both waYl- 1449 in addition, maiJII of other countries on outbound or inbound flightfl_ 1449 payment at pound or mile rat.____ 1449 awarda to Jowea$ respoMible bid- der__________________________ 1450 load ratea apecified; U8e for domeBtic mail On route_________________ 1450 arraapmenta authol:Ued with air- mail conoeaaiOD&irea in foreign countries____ __________ ______ _ 14W deciaioo of Poatmaater General fiDal, etc__________________________ 1460 TarmstroBot (talk)., r=:tct-~y-be 14W amended to provide fov exoeN maila and transportation not covered by tbem.._____________ 1~ liDUtatiODl_______________________ 14W tranaportation of, by any ate&m8hipe with foreign countriee may be required at compenaation med by law_______________________ 1163 clearance to be withheld, etc., upon refWYU_______________________ 1153 Poreign NtItiDM, invitation authorised todor participa- tion in Chicago world Fair, in 1912________________________ 1152 negotiation. req~ with, for treaties providing that naturalized Americana of foreign parentage aball not be subject to military eervice, etc., during a stay in the country______________________ 789 Foreign PlIr'U, appropriation for reconditioning, etc., Shipping Board ships for carry- ing coal to ________________ 586,1244 Poreign StJrW:. (,ee aleo, Department of p.... State), appropriation for ambllll&dora and min- latera _____________________ 65,1096 for mbUater reeideot and coDiul gen- eral to Liberia_____________ 65,1096 for agent and CODiul general at Tan- gier _______________________ 65, 1096 DO official to receive other Govern.. ment aaIarr ~5, 1096 for foreign II8l"Vlce officers or vice COn- . sula acting AI chargM d'~aire8 ad interim, etc _____________ 65,1096 for cIerb at embuaiea and legatioDl_ 1~ for contingent expenses, mlsaioDl__ 65, 1096 rent, Tokyo____________________ 1097 Government buildings, etc., in for- eign countries_______________ 65,1097 launch, CODitantinOple ________ 66, 1097 dispatch agenciea _____________ 66, 1097 attendance at trade meetings, etc_ 66, 1097 1081 by exchange _____________ 66,1097 language atudy _______________ 66,1097 payment for clerical services, except to American citizens, forbidden_ 66, for ground rent, Tokyo, Japan. _ __ _ _ for additional land, buildings, and furnishings for foreign servire in TOkyo ___________________ _ for expenses, foreign service inspec- 1097 66 66 tora _______________________ 66, 1097 !or clerk hire at coDiulates _______ 66,1097 forcontingentexpenses,(.;onsulates_ 67,1097 Government buildings abroad_ _ 67, 1097 attendance at trade meetings_:. _ 67,1098 1088 by exchange______________ 67,1098 rent authorlzed for 10 yeara for buildings, etc., for foreign serv- ice ________________________ 67, 1098 8ving quartel!z etc., to be fur- nished in uovemment owned buildlnp, etc., in China, Japan.l andTurkey,etc____________ u7,1098 appropria.tions avallable; quartara, etc., for other employees_______ 67 for expenaee of Department, under immigration laws ___________ 67,1098 for relief and protection of American aeamen ____________________ 68, 1098 forlllllarieeofforeignserviceofficera_ 68,1098 for iDitruction and transit pay____ 68, 1099 for traDiportation and subsIStence_ 68, 1099 bringing home remaiDi of officera dying abroad_______________ 68, 1099 pusage on foreign ships restricted_ 68, 1099 for unforeseen emergencies and Neu- trality, Act expeIllles_ ________ 68, 1099 for heirs of officera dying abroad __ 68, 1099 for post allowance to meet living costs ______________________ 69,1099 for Foreipt Service Buildings Fund_ 69, 1100 for Foreign Service Retirement and DisabilityFund_____________ 69,1100 for Cape Spartel,etc., Light, Morocco_ 69, • 1100 for life saving testimonials _______ 69, 1100 for Bureau of Weights and Meas- ures. ______________________ 69,1100 for Bureau of Customs Tariffs ____ 70, 1100 for Mexican Water Boundary Com- DllsMon ____________________ 70, 1100

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text: Talk:Middleton v. McCrew

title: Talk:Middleton v. McCrew


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/1850

 INDEX. xcix I'or. 8ertlice-Continued. p ..... appropriation for boundary line,Alaaka andCanada ________________ 70,1101 for marking Canadian bounl:lary __ 70, 1101 for executing provisions of Canadian Boundary Treaty Act of 1926_ 70,1101 for IntematioDal Prison Commiuion_ 711 110 for Pan American UniOD _________ 71, 1102 for Bureau, Permanent Court of Arbi- ~n ____________________ 71,1102 for Interpartiamentary Union for In- . terDational Arbitration ______ 71,1102 for International Commiaaion on Tables of Constants, etc _____ 71,1102 for Internat.ional Inst.itute f/. Agri- culture ____________________ 72, 1102 for International Railway Congretl8__ 7~.t 11w for Pan American Sanitary Bureau_ 72, 1103 for International Office of Public Health __________________ • _ 72, 1103 for International Radiotelegraphio COnvention ________________ 72,1103 for Inter-American High Commie- sion________ .. __ __ __ _ __ __ _ __ 72, 1103 for Canadian Boundary Waters Joint COmmission ________________ 72,1103 for expenditures by Geological 8ur- vey_________________________ 1103 for expenditures by Agricultural De- paltment____________________ 1104 for JMl.yment to Panama__________ 73, 1104 for International Research Coun- CU ________________ : _______ 7~ 1104 for International Hydrographio Bu- reau ______________________ 73,1104 for foreign hospital, Cape ToWD ___ 73,1104 for International Trade Mark Bureau at Habana. _________________ 73,1104 for I~=01:10, 25 September 2010 (UTC)01:10, 25 September 2010 (UTC)TarmstroBot (talk) 01:10, 25 September 2010 (UTC)4, 1105 for German-American Mixed Claims COmmission _______________ 74,1105 Tripartite Austria and Hungary Cbima COmmission _________ 74,1105 for Mexican Mixed Claima COmmia- 80n_______________________ 7~ 1105 for Gorgas Memorial Laboratory____ 1106 for International Halibut Fisheries COmmission ________________ 75,1106 for International Institute for Pro- tect.ion of Childhood__________ 1106 for International Statistical Insti- tute ______________________ 75,1106 for Joint Commission on use of waters of Rio Grande, etc__________ 75,1106 for International Road Congresses_ 75, 1107 for International Map of the World Bureau _________ .. ____ ___ ___ 75,1107 for International Exposition, Seville, Spain________________________ 75 for statue of Henry Clay, for pres- entation to Venezuela_ __ _______ 76 for United States Court for China_ 76, 1107 for consular prisons, etc _________ 76,1107 for bringing home criminals______ 76,1107 minor purchases services, etc., with- out advertising _____________ 76, 1107 rent restriction _______________ 76,1107 for expenses of American gr:oup of the Interparliamentary Union__ 976 deficiency appropriation for contingent expenses, consulates___________ 27, 48, 937, 1618, 1622 Poreign 8eroie~ontinued. PI,P, deficienoy appropriation for contingent expenses, missions _____ 27,42,48,1671 for transportation_ ___ ________ __ ___ 27, 42, 48, 934 1618, 1651 for bringing home remains of officer:! dying abroad_______________ 27, 1611 for Foreign Service Bullding!' Fund_ 27, 1612 for consular bullding, Amoy, China; 28 reappropriation______________ _ for Mexican water Boundary Com-
 * miBslon rea.ppropriation__ 28, 1612, 1622

for bringing home criminals from abroad______________________ 913 for International Radiotelegraphic Conventions _______________ 28, 1612 for Canadian Boundary Waters Com- mission _____________________ 28, 911 transfer to Agricultural Depart- ment________________________ 911 for Canadian Boundary Waters COm- mission~929- for Halibut .l'isheries COmmission __ _ for expenses of prisons____________ _ for consular prisons, available for 1651 28 29 Morocco and Ethiopia_________ 1612 for Joint Commission on Equitable Use of Waters of Rio Grande___ 29 TarmstroBot (talk)!_~!__tTarmstroBot (talk) 01:10, 25 September 2010 (UTC)i_ 29 for Etelka BelL__________________ 29 for Edith L. Bickford______________ 29 for Agnes W. Wilcox______________ 29 for ambassadors and ministers_ _____ 48 for char~s d'affaires ad interim_____ 48, 911,1611 for Diplomatio secretarles__________ 48 for clerks at embassies and legations_ 48 for interyreters to embassies and lagatlons________ .. __ ___ __ __ __ _ for immigration of aliens__________ _ for relief and protection of American 48 48 ae&Dlen ____________________ 48,1618 for salaries of offieers ____________ 48,1618 for instruction and transit pay_____ 48 for post allowances________________ 48 for Cape Spartel, etc'J.lighL ____ 911, 1651 for statue of General tsimon Bolivar__ 911 for indemnity to China for death of Chang Lin and Tong Huan yah_____________ _____ ________ 911 for indemnityto Dominican RepUblic, for death of Juan Soriano______ 911 for indemnity to China for injuries to Sun Jui-Chin________________ 911 for indemnity to Great Britain for dcath of Edwin Tucker________ 911 for indemnity to the Netherlands for injuries to Arend Kamp and Francis Gort_________________ 912 for payment to Great Britain in ree- ~i!TarmstroBot (talk) 01:10, 25 September 2010 (UTC)_iTarmstroBot (talk) _~f_ ~:l:i for indemnity to Great Britain for death of Reginald Ethelbert !4yrie ______________________ _ for indemnity to China for death of VVang Erh-lCo _______________ _ for reimbursing Great Britain for services of Reverend F. North to Americans in Russia _______ _ for Gorgas !4emorial Laboratory, contribution ________________ _ 912 912 1651 912 912

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text:
Middleton v. McCrew/Opinion of the Court

This action was instituted for the recovery of land in the colony of Power and Hewetson, in Texas, in the possession of the defendant, and claimed by the plaintiff through a conveyance by the brothers of Joshua Davis, deceased, a colonist, who died in June, 1835, intestate, and without issue. These brothers were citizens of the United States, and assumed to be the heirs-at-law of the decedent. The only question prosented for the examination of this court is, whether the brothers were capable of taking by inheritance real property within the limits of Mexico, or were they disabled by their condition as aliens? The solution of this question must be found in the jurisprudence of Mexico, as it is understood and applied to cases at they have arisen within the State of Texas. If there is found in the decisions of the Supreme Court of that State clear and consistent testimony to the existence of a rule of descent, under such circumstances, the duty of this court will be performed in ascertaining and enforcing that rule in this case.

The defendant has referred the court to a series of decisions as containing such testimony.

The case of Hollomon v. Peebles, 1 Texas R., 673, was that of heirs claiming the land of a colonist in the settlement of Austin, who after his location had returned to the United States and died, leaving heirs who were citizens of them. The court intimate, that by the laws of Spain, as adopted in Mexico, these teirs had no heritable blood, and proceed to say: 'Whatever may be the true construction of the laws of Spain or of colonization on the subject matter, there can be no doubt that the capacity of aliens to hold lands in the Republic of Mexico, if it ever existed under the laws of Spain, was extinguished by the decree of the 12th March, 1828.' (4 vol. Ordenes y Decretos, p. 155.) The sixth article of this decree is expressed in the following terms, viz:

'Foreigners introduced and established in conformity with the regulations now prescribed, or which shall be hereafter prescribed, are under the protection of the laws, and enjoy the civil rights conferred by them upon Mexicans, with the exception of acquiring landed rural property, which, by the existing laws, those not naturalized cannot obtain. * *  * This provision covers all acquisitions of real property, whether by purchase or inheritance, and is so understood by the Mexican editor of Murillos de Testamentos.'

The case of Yates v. Iams, 10 Tex. R., 168, was that of a citizen of the United States claiming through an ancestor who had died in 1827 in Texas, holding land by a head-right acquired in 1824. The court announce their conclusion, 'that, upon general principles pervading the law of 1823, under which this grant was made, and upon the general policy of the Government in relation to the right of property in lands (granted for the purpose of colonization) at the time of the death of the intestate, an heir domiciliated out of the Republic of Mexico could acquire no right by inheritance to lands of persons dying in the province of Texas.'

The case of Hornsby v. Bacon, 20 Texas R., 556, was that of citizens of the United States claiming to share as heirs in real property of a citizen of Texas, who died in 1835, with other relations of the same degree, who were citizens of Texas. The court say: 'The right of the plaintiff's vendors (the alien heirs) to claim this land by inheritance must be tested by laws anterior to the Constitution of the Republic; and by them, as appears from our previous decisions, such right cannot be sustained. The plaintiff can claim nothing through them by his conveyance.'

The case of Blythe v. Easterling, 20 Texas R., 565, is that of heirs claiming the landed estate of an immigrant to Texas, who died in November, 1833, they being aliens and non-residents. The court decide, 'that it is too well settled by repeated decisions of this court to be longer regarded as an open question, that at the period of the death of the decedent, his heirs, being aliens, could not inherit his estate.'

We understand these decisions to declare a law of descent applicable to the landed property of Texas generally, and not to lands in a particular colony, or settled under a particular act of colonization. The case before the court falls within the control of these decisions.

The judgment of the District Court is affirmed.


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/1851

 o INDEX. FOf'eign S~ontinued. deficiency apJ)ropriation for Confer- ence on Conciliation and Arbitra- tion_________________________ 912 for International Road Congresses__ 912 for Second Pan American COnference on HiJhways_________________ 912 for Hawaiian sesquicentennial cele- bration______________________ 913 for GerID.a~-Ap1erican Mixed Claims CO~on_________________ 913 for TriJ?&I:tite Claim Commission . Umted, States, Austria, and Hu~ary 913 for M~Xlcan ge~e~ and special claims COmDl188l0DB.. _ __ _ _ __ _ _ _ _ 913 for International Exposition, Beville, for ':CitYtO-:Fnmc;efO~-~ 913 to steamship" Madeleine" _____ 913 for American International Institute for Protection of Childhood____ 913 for International Congress of Ameri- canists-______________________ 914 for reimbursing Designated Officers for loss of funds, etc__________ 914 for International Bureau of Weights andMeasures________________ 1612 for participating in International Conference for Safety of Life at Sea_________________________ 1612 for judp, United States Court for ~_______________________ 1612 for Bertha. Hanson________________ 1651 for Rainy Lake Reference__________ 1651 for relocating Canadian boundary line_________________________ 1651 for Conference on Oil Ponution of Navigable Waters_____________ 1652 for Iutemational Society for Arctic Explorations by JIl3&IlIJ of the AJiatUp______________________ 1652 for Interparliamentary Union, Amer- ican group___________________ 1652 additional appropriation authorized for Mexican water boundary_____ _ American Republics invited to attend conference of conc.iliation and 60 arbItration at Washington_____ 487 annual contribution authorized for American International Institute for Protection of Childhood, at Montevideo, Uruguay _________ 487 retired Navy officers may be appointed in the diplomatic service_______ 1482' Foreign Seroice Buildinga Fund, appropriation for acquirinf buildings, etc., for Governmen use in for- eign countries ______________ 69,1100 deficiency appropriation for buildipgs, etc., from fund under______ :. __ 27 for carrying into effect_____________ 1612 purchase, construction, or exchan~, authorized in foreign countnes for diplomatic and consular use_ 971 altering, furnishing, etc____________ 971 consoliaating, embassiesz •legations, consulates etc., witrun one or employTarmstroBot (talk)tb~il~::.isi,-etc.;-at;;at-of 971 government without regard to civil service laws______________ 971 Foreign Service Imp«WrlJ, appropriation for expenses _________ 66, 1097 Foreign Servtu Officer']. 1'.... appro~riaRon {or sal&l'1e8 __________ 68, 1098 for lnstruction and transit pay___ 68,1099 for tr&lU1portation and subtliatence expeDJe8 ___________________ .68, 1099 p&IIUp on foreign ehip., re- .~cted.-- _________________ 68,1099 for allowances for, dyin~ abroad__ 68,1099 for. b~=01:11, 25 September 2010 (UTC)_'_9, 1099 for post allowances______________ 69,1099 deficiency appropriation tor tranI- portBtion _______________ 27.4~ 1618 for bringing home remains of, dying abroad ____________________ 27, 1611 for aalarillfl---________ 48 for post a"llowances________________ 48 Foreign Service Retirement and Difability Fund, appropriation tor Federal contribution to_________________________ 69, 1100 FQr. Trade, appropriation for investigating related problems of. _______________ 87, 1118 for securing information as to re- strictions, regulations, etc____ 88, HI8 Fores' Animals, Birds, and Wild Life, amount authorized for developing methods of management, etc., of _ 701 Fores' Fires, appropriation for fighting, etc., on public lands_______________ 203,1566 for emergency, fighting, etc., Indian reservations _______________ 207,1570 for fighting,· etc., in national for- ests_______________________ 554, 1204 for airplane :patrol to prevent, etc_ 554, 1204 for cooperatlon with States, etc., for 'protecting watersheds of navi- gable streams from _________ 555, 1206 for fighting, etc., national p&!'u____ 1600 deficiency appropryation for fighting, etc., in national foreats; insect infeStations_ _________________ 12 for fighting, etc. in national fol'e8ts_ 1633 foremergency,fighting,nationalparu- 1644 amount authorized for investigating weather conditions relationship to__________________________ ._ 701 Forest lnaect3, appropriation for study 0'-- _______ 5 58,1208 amount authorized for developing methods for preventing infesta- tions Ofl including gypsy and browntail moths_______________ 701 Forest Pathology, . appropriation for investigating diseases of trees and shrubs____________ 1200 Forest Producf.8, Timber Growing, etc.1 investigations! tests, etc. directea to determlne best methods of refor- estation, timber growing, etc___ 699 cooperation with individuaia, agen- cies, etc_______________ .: __ _ __ _ 700 for tests of foreign woods with foreign agencies, etc___________ 700 money contributions received to constitute a special fund_______ 700 appropriation of special fund, and use authorized________________ 700 building construction limited_______ 700 amounts for specified objects author- ized annually up to 1938_______ 700

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text: Talk:Middleton v. McCrew/Opinion of the Court


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/1852

 INDEX. ci Forea' Productl, Timber GrowiA(J, eIc. - p .... Continued. Investigation, teate, etc., amounte for specifiedobjecta,etc.;lncreueaau- thomed for special emergency in tree diBeaBea, inBectB, and forest wild life _____________________ 700 proviaions of Act supplemental to, and not limiting, other Departmental Acts, etc_____________________ 700 maintenance of experiment stations for fire, Bl1vicultural, etc., investiga- tion____ _____________________ 700 dea1gnation and locality of stations_ _ 700 additional, in Utah, etc., .Alaska, HawaiiJ. West Indies poBSeBIIions, and in tlOuthem States________ 701 annual appropriationa authorl.zOO for__________________________ 701 amount authomed for investigations of diseases of forest trees, etc_ ____ 701 for developing methods for prevent- ing infestations of forest in- sects, etc_____________________ 701 for developing methods of manage- ment and control of forest ani- mals, birds, and wild life__ _____ 701 of relationship of weather conditions to forest fires, to make weather forecasts_____________________ 701 for developing improved methods of management of forest ranges for protection of timber, watersheds, etc___________________________ 701 for utilizing physical and chemical properties of wood and other forest products, pulp and paper making, etc__________________ 701 additional for foreign woods, etc__ 701 for cooperation with States for survey of present and prospective re- quirements for timber and other forest products, productivity of forestland,etc_______________ 702 for reforestation, the costs and re- turns, and possibDity of profit- able timber growing, etc_______ 702 Fore,t Protection, appropriation for cooperative farm for- estry, etc_________________ 555,1206 for procuring forest tree seed. and plants, establishing farm wood lots, etc___________________ 556, 1206 for acquiring additional lands for conservation of navigable wa- ters, etc __________________ 556,1206 deficiency appropriation for acquiring lands for conservation purposes_ 895 Foreat Reserve, (see National Forests). Fored Roada and Tram, appropriation for construction, etc_ 569, 1220 apportionment to States, etc_ _ 569, 1220 approved projects deemed Federal contractual obligations ___ __ 569, 1220 payment of incurred obliga- tions ______________________ 569, 1220 limit to a State or Territory___ 569,1221 buildings for storage of supplies, etc., authorized____________ 569, 1221 Fore8t Serviu, Department 0/ Agriculture, appropriation for general expenses_ 552, 1202 tests outside United States for- bidden____________________ 552,1202 limit of cost of buildings______ 553,1202 protection, etc., of forests; sale of timber____________________ 553,1203 Forea' Smell, Depar'tMnC of AgricuZ- p .. .. . . ",,-COntinued. appropriation for general 8Xpe1l88B; care. of fish and game_______ 553, 1203 agents, labor, etc____________ 653, 1203 collating, printing, etc., Investiga.- tiona _____________________ 553, 1203 suppHes,etc_________________ 653,1203 InterchaDgeable appropriations; limit_______ .. _____________ 654, 1204 for f!ghUng· and preventing forest ftrea ______________________ 654, 1204 for airplane patrol; purchase of land or alrplaneaforbidden_______ 554, 1204 for selecting, etc., lands for home- stead entries, etc___________ 544, 1204 for surveying, etc., agricultural lands in national forests__________ 554, 1204 for public camp ground facilities, fire prevention, etc ____________ 554, 1204 for equipments, supplies, etc____ 554, 1204 for wood diatillation, economy in for- eat products, etc__________ 554, 1205 investigating hemp for making pulp and paper_________________ 554, 1205 for rang~ conditions, etc ________ 555,1205 for seeding and tree planting, etc_ 555, 1204 for cooperative, etc., inveati1ations to determine conservative man- agement of forests_____________ 555 for appraising, etc., timber for sale, expenses of sales, etc_______ 555,12j for permanent improvements; roads, trails, bridges, etc__________ 555, 1205 deVelopment of national forests in BOuthem Califomia________ 555, 1205 stock corrals, watering places, etc_______________________ 555, 1205 eradicatilll pooonoUB plants___ 555, 1205 dam at Cass Lake, Mfun______ 555, 1205 for inv~tions to determine con- servative management of forest_ 1205 for forest fire cooperation_______ 555,1205 for cooperative distribution of forest planting stock________________ 555 for acquiring additional lands under COnservation Act_____________ 555 for survey of timber and other forest Products_____________________ 1205 for reforestatiQn__________________ 1205 for cooperative work, exp81l11e8 from forest 'protection fund_________ 1205 for forest fire prevention in coopera- tion with States, etc___________ 1206 for cooperation, with States, etc., for C!:s~_01:11, 25 September 2010 (UTC)_o:_01:11, 25 September 2010 (UTC) gg: for acquiring additional lands under COneervatio~ Act__________ 556, 1206 deficiency appropriation for fighting forest fiies, etc.; amount for emergency Insect infestation__ 12, 1633 for roads, trans. etc., in national forests______________ _________ 12 for general expenses____ 46, 933, 1617, 1621 for additional forest lands__________ 895 for salaries, 1929 _________________ 1677 Foreat Tree Nuraeriea, amoun.t authorised. for acquiring lands: etc., for, to be added. to natiOnal forests_______________________ 1318 Foreatrll, appropriation for cooperation with States, etc., in establishing farm growth, etc________________ 543, 1193

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text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/1853

 ell INDEX. 'rwffttUf'U, IfIIerftGl R.ettue, Pap. provisions for remisaion or mitigation of, similar to those under CUI- toms laws____________________ 882 'on Apache Age1ICJf, An•. , appropriation for support, etc., of In- diansat __________________ 222,1571 amount for farmer's quarters at Carrixo Station, etc___________ 222 amount for Agency improvements_ 1583 Fort ApacAs, An•.·, . appropriation for Theodore ROOI8velt Indian School at___________ 217,1578 transfers 0 1 lands with Theodore Roosevelt Indian SChooL_____ 217 I'm ApaeM Indian H",pitGl, An•., appropriation for support, etc., of_____ 1581 I'm ApaeM Indion ReaflnltJtiMl. An•. , appropriation for constructing roads and bridges on, from tribal funds___ 224 for purchase of land, etc., from tribal funds; immediatelyavailable__ 1568 permits for develoP.J:Dent of power on Salt River WIthin, may be iNued by Federal Power COmmission_ 1344 purchase of land within, from Aztec Land and Cattle Company, in trust for Indians thereof, from tribal funds_ __ _______________ 962 Fort Boker MilittJry Rum1tJtioft, Coli/., sum authorized for repair, ete., of roads on__________________________ 590 I'm Bel1mop Agency, Mont., appropriation for support, etc., of Indians at_________________ 208,222 Fort Bel1mop Indian H",pitol, Mont., appropriation for support, etc., of_____ 1581 for construction and improvements_ 1582 Fort BelkfttJp Indian Ruervctioft, Mont., appropriation for irrigation systems on; maintenance, ete__________ 212,1574 deficiency appropriation for reimbl.il'8- ing certain Indians on, for value of allotments_________________ 899 unexpended balance of appropriation for enrollment, allotment, etc., \lovered in_ _ _ _ _______________ 1576 Fort Bmjomin HorrUOft, Ind. deficiency appropriation 'lor military post construction_____________ 926 amount authorized for constructing barraeks and quarters_________ 130 construction authorised of buildings at_ 1302 Fort Bmning, Go. appropriation for Infantry School ex- penses___________ ~ ____ ___ _ 344, 1366 authonzation for buildings at, modi- fied_________________________ 130 balances of appropriations for build- ings, A:rmy Infantry School, coveredin___________________ 365 construction authOrized of buildings at_______________________ 74~ 1302 Fort Berthold Agency, N. Dole., appropriation for support, etc., f Indians at ________________ 223, 1584 I'm Berthold Indian H",pitGl, N. Dole., aPllropriation for support, ete., of__ 221, 1582 Fort Bidwell Coli/., appropriation for Ind!an school aL 217, 1678 deficiency appropriation for IndIan school at____________________ 901 Fort Bidwell Indian H",pitol, Coli!., appropriation for support, etc., of_____ 1581 'm Bidwell Indilsn 8chool, Cali!. Pap. construction authorized for, 01 a h0s- pital building_ _ _ _ _ _ _ _________ 375 amount authorized for___________ 375 school building for________________ 375 amount authoriHCi for___________ a75 Fort BluI, TG., construction of buildings authorized at___________________________ 748 Fort Brogg, N. C., appropriation for instruction in field artillery activities___________ 345,1366 construction authorized of buildings at________________________ 748, 1302 Fort Broum, Te:/;., ' portion of reservation, to be sold to Gateway Bridge Company; con- ditions___ __ ___ _____ _____ ____ _ 973 proceeds to the credit of military post construction fund_____________ 974 Fort Croc1ccU, TG., amounts authorized for .Army .Air Corps buildings at____________ 129 construction, A:rmy .Air Corpll, author- ized at___________" __ __ __ __ __ _ _ 1304 Fort D. A. RUlJlelZ, Wyo., construction authorized of buildings at_ 1303 Fort Dejionce1 Anz., Indian 8oftGtorium, appropriatIOn for support, etc., of._ 2 20, 1581 for, construction and equipment____ 221 Fort Dejionu, Ohio, defiCIency appropriation for el"lction of public museum at, as memorial to General Anthony Wayne____ 1666 site to be selected for erection of public museum as memorial to General Anthony Wayne at________ __ 1009 care of, by Ohio__________________ 1009 sum authorized for construc~on, etc_ 1009 Fort Donelso,. BottUJ Field, Tmn.t .,. commission created of Army ./';ngineer officer, and Civil War veterans familiar with battle__ _ ________ 367 report, of, after inspecting battle fteld 1 as to location of troops, area 0 t.attle field, etc_______________ 3~7 &B8istance of War Department of- ficials; expenses authorized_____ 367 lands for, to De acquired by purchase or condemnation_ _ ___ _ _ ____ ____ _ 368 boundaries, lines of battle, etc., to be marked____.____ _______ ________ 368 cost limitation_____ ____ __ ______ __ _ 368 when jurisdiction ceded by Tennessee, and title acquired, ete., to be known as Fort Donelson Na- tional Park___________________ 368 control of, under Secretary of War; superintendent designated_____ ~ 368 agreement 'With present holders of land to remain thereon for protection, preservation, etc______________ 368 States may mark lines of battle of =ro: ~::TarmstroBot (talk) _~:_~r:~ 368 penalty for destroying, injuring, etc., amounf~':lt:a~zi!i-~- ~-e:ipeIided~ === ggg I'm DOAelaOft Notional Military Parle, Tmn., deficiency appropriation for establish- ment of, ete _______________ 929, 1666

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text: Oelricks v. Ford

title: Oelricks v. Ford


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/1854

 INDEX. cili· Fm Don.lIon Nalional Military Park, Pap. ,f'....-€loot1uued. ' ' upon ceaaion of j.uriadiction by Tenne8- 1I8lI, Jaocls acquired to be known 88____ .. .:.:.. ____ .: __'-___________ 368 Fort Doug"", UIGA, , ., deficiency appropriation for water ,and " aewera~ ___________ ~ ___ __ .;_____ 36 constructiOll of buildings authoNed at_ 748 - portion of, granted Salt Lake City,, for 8treet pUrpoBe8'____________ 1325 Fort ~ Utah, ', appropriation for State E~rimental Farm near, from Indian trust funda_______________________ 223 Fort Fairfield, Me., '. appropriation for publiC building_____ 1042 deficiency appropriation for public building at_________ ~ _____ ___ 32, 920 Fort Fuher Bat.tle Memorial, convfO'ance of Federal Point Lighthouse , B.eaenration to Wilmington,N.C., &8_____ ~-~--- 1066 reversion on failure to maintain, etc., the property __________'______ _ ,1066 Fort Geor,. O. Meada, Md., construction authorized of buildings at_ 1302 formerly Forie Leonard Wood_________ 1302 Fort H. G . Wright, tract of may be BOld to Fishem Island Corporation__________________ 1304 Fort Hal~ A~lI, 1ooho, ' approp~ation for, 8Upport, etc.) . .!!! In- dians a~,.;.---, 1571,1583 Fort HaU IndiGn HNpitGl, IdGJw, appropriation for 8Upport, etc., of__ 220, 1581 Fort Hall IndiGn ReaerllGtion,IdGJw, ' appropriation for maintenance, etc., irrig~i9n ~y8tem on ________ 212,1574 for extending Gibson unit, irrigation Bystemon___________________ 212 deficien~y. ~ppropriation for Michaud div~lon_____________________ 900 sum authorized for surveys, etc., as to feasibility,of irrigating Michaud division lands, etc____________ 377 Fort Humphrey8, Va., appropriation for expenses, transfer of, Bryans Point fish cultural sta- tion to_____________________ _ 99 deficiency appropriation for oonstruc- tion, etc_____________________ 926 amount authorized for constructing barracks aL________________ 374 construction of buildings authorized at_ 748 noncommissioned officers' quarters at___________ ~______________ 1302 Fort Jay, Governor818larid;N. Y ., deficiency appropriation for erecting barracks____________________ _ construction of buildings authorized at_ authorized of hospit8l at_________ _ 35 748 1302' restriction on new 'construction on portion of Governors Island____ 1302 bronze cannon at, donated to Phoenix, JUiz_________________________ 1442 Fort, Kamehameha, Hawaii, acquisition of lands by condemnation for flying field near, authorized_ 750 amount authorized________________ 750 descriptioIL___ _ _________ ___ ______ 750 construction of buildings authorized at _ 748 54835°-29-PT 1 -117 Fert Kent, Me., l'II8f; bridge authoriJJed 801'0II8 Saint, John ,'" River, between Claim, New -, Brunswick,&Dd.. _____ .;_~______ 1321 former Act revived______ • __ _ .. __ _ _ _ 1321 Fort Keogh, Mont.,, deficiency aprropriation far Depart- ment 0 Agricultue, water serv~ ice at______________ ; . __ ~ ___ ___ 894 Fort Lapwai Age1lCJl, 144Ao, appl'Opfiation for BUPport, etc., of -lD~ at__ ._..... __ • ______ 222,1583 Fort Lapwai Indian Sanatori'Wm, Idaho, ' appropriation for maintenance, etc., of. 220, , 1~1 for repairs and improvements______ 220 Fort L~enworth, KaTUl., ' appropriation for Command and 'Gen- eral Staff, School, instruotion expenses____ :. ___ ____ _ ;,. ____ ' 829,1352 deficiency appropriation for roadway8~ 1664 balances of appropriations lor discip- linary barracks, covered in____ 364 construction au~ fA. hOllPital ward at___ ,.,________________ 1302 Army Air Corp., buildinp at____ .. : __ 1304 Fort L_d Wood, Md.;, construction authorized of buildinp at_' 1302 name changed to Fort George G; Meade_ 1302 Fort Lewi.B, Wad. , construction of ~undings authorized at__ 748 buildin~ as memorial to Maj. Gen. Henry A. GJ'e!m,to be erected at_ 1154 Fort McDermitt Agency,Nev., appropriation for, 8Upport, etc., 'of Indians at.__________________ 223 Fort McHenry, Md., " ,, appropriation for maintenance, etc., national monumenta,t______ 357,1377 deficieTarmstroBot (talk).fTarmstroBot (talk)i01:11, 25 September 2010 (UTC)TarmstroBot (talk)iTarmstroBot (talk) 929 l10rt McHenry Na'icmal Park,Md.,, additional amount authorized for es- Fort Mcif::l::hi:le~;-- 248 water p;pe line, etc., of;. ~nveyed to , Portland Water D18tnct_______ 699 Fort McPher80n, Ga. " ' conlftructionof buildings authorized at_ 748 Fort Mason Milw,., RelenlUtion, Cali/., permission grantec;i San Francisco to use part of! ~or reoreation park_ 374 tenDS ana conditlOns_, _ __ "" 374 Fort Mifftin, Pa., appropriation for naval ammunition depot_______________________ 636 for naval ammunition depot, power plant ___________________ " ____ 1464 Fort MUl8, Corregidor, P. 1 ., deficiency appropriation for central power plant at. ___ __ __ ___ __ __ _ 36 Fort Mojave Agency, Ariz., .' appropriation for support, etc., of Indians at___________________ 222 Fort Mojave, Ariz., ', appropriation for Indian school at_ 217, 1578 Fort Monmouth, N, J., deficjY~S01:11, 25 September 2010 (UTC)!_~_:01:11, 25 September 2010 (UTC) 927 construction of buildings authorized at. 748, 1302 purchase authorized of strip of land as addition to___________________ 251

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text: Talk:Oelricks v. Ford

title: Talk:Oelricks v. Ford