text:
United States v. Bennitz

THIS was an appeal from the District Court of the United States for the northern district of California.

It was a claim for five leagues of land on the Sacramento river, which was presented to the board of commissioners with the following evidence and result:In this case, the petitioner has placed on file an application made by him to Governor Micheltorena, on the 18th day of June, 1844, and states in his petition that the same was referred to John Sutter for his opinion, and that on the 16th day of July, 1844, the said Sutter reported in favor of the issue of a grant, and the signatures of the said Micheltorena and the said Sutter being satisfactorily established by proof.

Here the proceeding on the part of the petitioner ends.

The board are of opinion that no sufficient proofs have been offered to entitle the said petitioner to a confirmation, and that the same should be rejected. Rejected.

Additional evidence was produced to the District Court, viz:

June 18, 1844. Petition of Bennitz for a tract of land called Breisgan, five leagues on the Sacramento river.

Same day. Referred to Jimeno, and by him to Sutter for report.

July 16, 1844. Report by Sutter that the land is unoccupied.

July 26, 1844. Jimeno's recommendation that it should wait until the Governor can visit the Sacramento; to which the Governor says: 'Let him occupy it provisionally until I go up to conclude it.'

These documents were proved by J. J. Warner, who swore that he believed the signatures of Micheltorena, Jimeno, and Sutter, to be genuine.

December 22, 1844. Micheltorena's general grant to J. A. Sutter.

John A. Sutter, being called as a witness, says that Bennitz was one of the persons to whom the general grant applies.

Ernest Rufus says that Bennitz served in 1844 under Micheltorena, as a member of the Sacramento riflemen, &c.

Adolph Brenheim (another German) says that one Julien, a Frenchman, had possession of the land for a while as tenant of Bennitz.

The District Court confirmed the claim, and the United States appealed to this court.

It was argued by Mr. Stanton for the United States, and by Mr. Benham and Mr. Gillet for the claimant.

Mr. Stanton contended that this case fell within the decision of the court in 21 Howard, 408, 412, where Sutter's general title is set forth.

The counsel for the claimant contended that this case was to be distinguished from those cases as follows, which is taken from the brief of Mr. Gillet:

First. Bennitz acquired an interest in the land claimed by virtue of the license granted by Micheltorena on the 26th of July, 1844.

Bennitz petitioned for the land in the ordinary manner. It was referred to the secretary, and by him sent to Sutter for report. The latter reported favorably. On returning the papers to the Governor, the secretary suggested that the formal grant of the legal title should be delayed until the Governor should visit that part of the country, and dispose of the previous applications. Thereupon the Governor authorized Bennitz to take possession and hold it until he should go up and conclude the matter of the grants. He endorsed: 'Let him occupy it provisionally until I go up and conclude the matter.' But he never went up.

This conferred a right of possession and occupancy which has never been revoked. The petitioner took possession by his agent, and occupied for fifteen or eighteen months, until the agent was killed by the Indians, as in Reading's case, and he continued to claim the land.

On the 22d of December, 1844, Micheltorena gave what is denominated the 'general title,' which was intended as a confirmatory grant of this and other lands. This satisfied Bennitz that he had acquired a legal title, and he continued to occupy down to 1846, (when his agent was killed,) and he also continued to claim the land.

This case is clearly distinguishable from those of Sutter and Nye, decided at the last term, (21 How., 170, 408.) In each of those cases there was a petition, a reference, and a report by the local officer, but no further action by the Governor in either. All rested upon the subsequent general title.

In Sutter's claim for the sobrante there was a petition and favorable report, but no further action. Mr. Justice CAMPBELL, in the opinion of the court, says 'that the Governor reserved the subject for consideration until he could visit the Sacramento valley, and that the papers were returned to the claimant.' (21 How., 179.)

In Nye's case he said: 'The secretary referred the petition to Senor Sutter, commissioner of the frontier of Sacramento. Sutter certifies, on this reference, that the land is now unoccupied. His certificate is dated the 29th of January, 1844. There is no evidence to show that these papers were returned to Micheltorena, or that he ever saw the certificate. They are produced by the claimant. The remainder of the evidence consists of what is termed' Sutter's general title. (21 How., pp. 409, 410.)

In Bassett's case, there was no evidence that possession had been taken of the land or improvements made by the grantee, nor that he performed any act in confidence that he had acquired any interest therein. The case does not show that he believed he had acquired any rights, or that he sought to exercise any. There is no evidence of the Governor's understanding in relation to that particular case. There is nothing to show that Bassett expended time or money, on the strength of his belief that he had received any right to the land, or that he expected a legal title would be conferred upon him as a necessary and proper conclusion of what had previously been done.

The case at bar presents quite a different aspect from either of those decided at the last term. Bennitz made application for a grant in the usual manner, and received a license to occupy until the Governor should act after a personal examination. Bennitz treated this as conferring a substantial right. He caused a settlement and improvements to be made, and cattle to be placed on the land. The person whom he placed on the land lived on it near a year and a half, until he was killed by the Indians. He himself served the Government in the army, and was assured by the Governor that his grant had been confirmed. He believed it, and acted accordingly. Both he and the representative of the Government (the Governor) apparently entertained the same opinion upon this subject. Both believed that Bennitz had rights to the land. No one interfered to denounce the land, or meddle with or question Bennitz's rights. Things remained unchanged until the Government changed hands. No steps have ever been taken to deprive him of his claim. The representative of Mexico did what he thought would confirm Bennitz in his title. Bennitz, like many others, thought the general title, granted the same year, rendered his rights perfect. He continued his possession, and took steps towards further settlement, either by way of tenancy or sale, and submitted his papers to a proposed purchaser, by way of showing that he had rights.

True, all this did not create legal title. But it did create an equitable title, of a distinct and unquestionable kind. The steps taken, and acts performed, created an interest in Bennitz, which was of value to him, and which really cost him something. He took the incipient steps to acquire title, and the representative of Mexico concurred in them, and conferred a right which he was to look after at a future day, and, if all was right and proper, he would convert what he then did into a legal title.

Bennitz had done all on his part, and there was nothing in the way of the Governor conferring perfect legal title. It was no fault of Bennitz that it was not actually done. Mexico assented to his rights, by leaving him in the quiet and full possession of the land down to the treaty.

Would Mexico ever have questioned Bennitz's rights? Certainly she did not; and by taking possession and making improvements, Bennitz paid the usual consideration required to secure a perfect grant. By not giving him notice that his rights would not be recognised, Mexico led him into expenses that he would not otherwise have incurred. She, by the acts of her lawful representative, induced Bennitz to go on and expend money in improvements. She told him he might go into possession until she should determine that he could not have the land. She sent him word that his land was confirmed to him. She sent out a broad paper, inducing him to believe that perfect title had been made to him. He confided in these acts, which were of a character calculated to secure his confidence. There is no evidence that Mexico did not really mean what she said. While she remained the sovereign there, she never questioned the act of her representative, even after he was driven from the country by local enemies.

These acts of Mexico created clear equitable rights in Bennitz, and they have never been forfeited or taken from him. They existed when, by the treaty, the United States succeeded to the rights of Mexico. Bennitz's rights were good, and bound the conscience of Mexico until they were divested according to law, which has not yet occurred. Since the purchase by the United States, they have not been changed. No branch of our Government could change them against Bennitz. They are now just what they were under Mexico, when he was occupying and improving the land.

This court cannot take away any right, however small, which he then had; but it must confirm it, if it was a right at all, which, in the ordinary course of events, if there had been no change of Government, would have ripened into a legal right. If the Government of Mexico had done any act which conferred such a right, whether it had ripened into a perfect right or not, then, in equity and good conscience, our Government is bound to recognise that right, and to confirm it to the claimant, freed from all claim on its part.

The court can, under the law of 1851, declaring the rights of parties, declare an inchoate right to be a legal and perfect one. It can do what Mexico would have done under the circumstances. But it cannot deprive the party of any right, however trifling, which had become his, either in law or equity.

The cases heretofore passed upon in this court have involved only legal titles. No case has presented a simple equitable title. The statute recognises equitable titles as proper for the court to pass upon and confirm.

In the Louisiana and Florida cases, the party desiring land petitioned for it, and obtained an order to survey; and when the survey was made, occupancy conferred an equitable title, which this court would confirm. The petition in California is the same, except it is usually accompanied with a map, which rendered the survey unnecessary. The reference to ascertain whether the land was vacant, and the report thereon in California, were equal to a survey in Florida and Louisiana. Occupancy in the latter places completed the equitable rights of the party. In California, when occupancy follows the petition, reference and report, and permission to occupy, the effect must be the same. The party has everything that he could have, except the formal grant, which would confer perfect legal title. When the case falls short of legal title, but there is something of it, then it must be an equitable claim; and if that exists, then the court must confirm it.

There was something in this case which was treated by Mexico and the claimant as an interest. There was an application for a definite spot which was not occupied, and it was so reported, and permission given to occupy until further action by the Governor, and then there was possession and continued occupancy. Mexico could not have recovered against him as a trespasser, after the license and occupancy under it; and no one denouncing the land, the Governor could not eject him. Here were tangible facts. The claimant thought he had some rights, and no one questioned them. He was told his title was confirmed, and a formal document followed. Here was something of substance. Not being a legal title, but still being something which would affect the conscience of Mexico, it was clearly an equity. If it was an equity, this court is bound to recognise and confirm it.

Mr. Justice CAMPBELL delivered the opinion of the court.

title: United States v. Bennitz


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/1928

 INDEX. clxxvii Motor VeAiclu, D. C., p .... appropriation for maintenance, etc. District offices ____________ 649,1267 for purchase, exchange, etc______ 649, '1267 for allowances for privately owne(L 649, 1267 U88 restricted, cost limited, etc.; transfers forbidden _________ 650, 1267 personal property tax levied upon, as of January 1 each year________ 1226 no registration tag to be issued untU payment oL_________________ 1227 not applicable to dealers' stock in trade_ 1227 Mound City, la., bridge authorized across Ohio Riverl at_ 316 time extended for bridging Ohio River, at__________________________ 1529 Moufldaville Bridge Company, may bridge Ohio River, at Mounds- ville, W. Va__________________ 1439 MoundmUe, W. Va., bridge authorized acroBB Ohio River, at_ 1439 Mount Carmel, IU., deficiency appropriation for public building at_ __________________ 33 time extended for bridging Wabash River, at__________________ 384,1094 Mount Harney Memorial Association oj South Dakota, all propertyI contrac~l etc., of, to be trans erred to Mount Rushmore National Memorial CommiBBion_ 1300 Mount McKinley National Park, Alaska, appropriationfor administration, etc_ 234, 1597 repeal of limitation on appropriations for__________________________ 622 provision allowing prospectors to kill game, etc., for food___________ 622 Mount Plea8ant, Mich., appropriation for Indian school at__ 217,1578 Mount Rainier National Park, Wash., appropriation for commiBBioner _____ 79,1110 for administration, etc__________ .234, 1597 for roads, etc_____________________ 1601 deficiency appropriation for ___________ 46 for Paradise Valley sewer system___ 1644 Mount Rushmort' National Memorial Com- mission, deficiency appropriation for expenses__ 1627 created; appointed by the President___ 1300 organization; officers; selection of treas- urer_________________________ 1300 to complete carving of Mount Rush- more National Memorial, the heroic figl1!88 of Washington, Jefferson, Lincoln, a:J.d Roose- velt_________________________ 1300 no charge to be made for admiBBions_ 1300 authorized to receive all property, etc., of unt Harney Memorial As- SOC1&tlOn____ ______ ___________ 1300 receive and disburse funds_________ 1300 employ artists, sculptors, etc_______ 1300 not more than one-half cost of memo- rial to be borne by United States_ 1300 sum authorized to be appropriated____ 1300 advances from funds as appropriated, to the_______________________ 1300 condition_ _ _____ ____ __ _________ 1300 reports to Congress yearly _ _ _________ 1300 Mount Vernon Memorial Highway, Va., appropriation for constructing, from un- expended balance_____________ 1221 deficiency appropriation for expenses_ _ 895 Mount Vernon Memorial Highwall, Va. - p .... Continued. colllJtruction of, directed by Commie- lion for Celebration of Bicen- tennial of Birthday of George Waahington__________________ 721 connecting M,Junt Vernon!...Va., with .Arlin~n Memorial .Hridge, at aervi:.aauR~-Department to be utilized________________ _ Secretary of Agricultureto cooperate, by having surveys of routes to be 721 721 ~e________________________ 721 route to be determined by Com- DrlsIiOD______________________ 721 plans, specifications, and estimates to be prepared by _ ______________ 721 subjectto approval of Commission_ 721 contracts for colllJtruction, to be en- tered into, supervision by _____ _ width of right of way, and surfacing type required________________ _ occupation of Government or District 721 721 lands authorized______________ 721 lands to be acquired by purchase, con- demnation, gift, etc __________ _ acceptance of funds from States, etc_ payment for acquired___ .__ ___ __ __ _ _ 721 722 722 condemnation proceedings in Virginia subject to laW8 thereof_________ 722 title requirements_________________ 722 maintenance after completion by the Secretary____________________ 722 cost paid from annual appropriations herebyauthorized_____________ 722 traffic regulations to be issued______ 722 concdrrent jurisdictioD of Virginia not interfered with_______________ 722 annual appropriations authorized for 1928,1929,1930,1931. __ _ __ __ _ 722 employment of 888ietants, engineen, clerks, etc;} authorized_________ 722 "Mount Vernon" lSteo.'rMhip approp~ation:for ~onditi~ning, etc___ 586 aellingj>nce limited_ _ ___________ 587 Mount View Piau BR., D. C., appropriation for paving, etc., Valley to Maple View Places; from - -- .PBOline tax fund_____________ 1272 Mount Weather, Va., deficiency appropriation for mainte- nance, etc., of._______________ 1625 care, etc., transferred from Secre- tary of Agriculture to Director of Public Buildings, etc________ 1625 authority for sale thereof repealed_ 1625 sale directed of Weather Bureau Bta- tion at______ _________ ___ __ ___ 311 proceed" to 1!e ?eposited &8 miscel- laneous recelpts_______________ 311 Mountain Lion8, appropriation for devising methods for destroying ________________ 559, 1209 Mountain, etc" Cannon, Army, appropriation for purchase, manufac- ture,etc ____________________ _ for ammunition for _______________ _ for ammunition for practice, ete____ _ Mouse Rifler, N. Dak., preliminary examination for 1I00d con- 343 343 343 trolof.______________________ 1164 Mud Creek, Ky., preliminary survey directed of, to con- trol its 1I00ds_________________ 1228

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text: Talk:United States v. Bennitz

title: Talk:United States v. Bennitz


text:
United States v. Bennitz/Opinion of the Court

The claimant applied to Micheltorena, in 1844, for a concession of five square leagues of land, lying in the valley of the Sacramento river, and bounded on the west by that stream. The petition was referred to Captain Sutter, who reported that the land was vacant.

The secretary reported, that the Governor having deferred any action upon petitions like the present, until he could make a visit to the region of the Sacramento and San Joaquin, it would be proper to dispose of this in the same manner.

The Governor so ordered, authorizing the applicant to take provisional possession, until he could make his visit. The suit of the claimant was submitted to the board of commissioners on this testimony, and it was rejected, as invalid.

Upon appeal to the District Court, the claimant proved that he was a soldier in the war of Micheltorena, and an officer in one of the companies of Sutter. That the Governor acknowledged his services in that war, and verbally recognised the validity of his claim for the land specified, and that it would be perfected by means of the 'general title' of Sutter. The claimant also proved, that in March, 1845, two persons went upon the land, to make improvements under his claim. That one of them shortly after retreated, from fear of the Indians; that the other (Julien) made some improvement and cultivation, and occupied the land twelve or fifteen months, when he was killed by them. In the case of the United States v. Reading, 18 How., 1, it was proved that Julien occupied the land of that claimant.

The merits of the claims arising under the general title of Sutter have been discussed in the cases of Nye and Bassett, reported in 21 How. R., 408, 412. This claim is in all respects similar; and, for the reasons assigned in those cases, is invalid.

Decree reversed. Cause remanded, with directions to dismiss the petition.


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/1929

 cIxxviii INDEX. Jlwd R~, Ky., preliminary examination for 1I00d con- tndof_______________________ 1164 Muhlenberr, PeUr', monument in memory of, may be erected in designated public park________________________ 483 approval of Joint Committee on the Library, and Commission of Flne ~___________________ 483 supervision of erection._ _ _ __ _ __ _ __ _ 483 Mules, limitation on purchaaes of, for Army srunnce_______________________ 245 Mullen, JOM C., fItc., may bridge Missouri River, at Rulo, !iebr________________________ 390 time extended for bri<igiDg Missouri River, .~t Rul~!iebr.J.by- 1524 Municipal ArcAiteda O;u&C8, D. G ., appropriation for aalarieis _________ 647,1264 limit for services of draftsmen etc_______________________ 647, 1264 Municipal Cenln, D. C., acquiring site and construction of bufid- ings for, authorised__ _________ 1408 vacation of necessary streets and alleys--- 1409 immediate possession, on payment of award in registry of District Su- preme Court, if property con- demned______________________ 1409 necessary amount authorized to be appropriated_________________ 1409 employment of professional serv- ices_________________________ 1409 Municipal Court, D. C., . appropriation for salaries _________ 670,1286 for jurors, etc _________________ 670, 1286 for rent; contingent expenses ____ 670. 1286 Municipal Lodging H0U84, etc., D. C., appropriation for expenses ________ 676, 1293 Munitiona oj War, de., seized and condemned for illegal elq>Ort of, to be delivered to War De- partment____________________ 1424 Munn, Jamu B., • acceptance fro~ authorized, of gift of lands in C1a~n County, Iowa: for upper Mississippi River wilet life, etc., refuge_______________ '20 Murray, FranJc, deficiency appropriation for paying ~ of_____________________ 1623 Muac16 Shoala, Ala., appropriation for maintenance, etc., of works at Dam No.2, Tennessee River_____________________ 359, 1381 Muahrooma, deficienllY appropriation for investigat- !dre! _ !_g_S_TarmstroBot (talk)_ Muakogee, Okla., 14 may retain title to boilers in hospital sold to Veteralll!' Bureau__ _ ____ 323 terms of court at. _ _ _ _______________ 1518 Mutual Cemeter1/ Companies, exempt from mcome tax_____________ 813 Jlutual SatJinga Ban1ct, excmpted from interlocking directorates prohibitions, if without capital lltock with shares; conditions___ 1536 Myrie, Reginald Ethelbert, deficiency appropriation for indemnity to Great F,.ritain for death of. _ __ 912 Myrie, Reginald Ethelbert-Continued. payment directed to British Govern- ment, for death 01. __________ _ Myra. Allenue NE., D. C., appropriation for paving, etc., Central Avenue to Walnut Street; from gasoline tax fund ____________ _ N. N Street NW., D. C., appropriatioll for paving Twenty- fourth to Twenty-fifth Streets; from gasoline tax fund ________ _ Nambe Indiam, N. Mez., appropriation for settling land and water right losses 01. __ __ __ __ _ _ Nampa, Idaho, deficiency appropriation for public building at__________________ _ Narcotic ActB, appropriation for expenses, enforcing __ deficiency appropriation for expenses enforcing ___________________ _ 42,44,48,937,1618,1622,165 for enforcement, internal revenue __ _ Commissioiler of Prohibition author- ized to direct advances by spe- cial disbursing agents for en- forcement oL ________________ _ Narcotic Dilliaion, Public Health Service, created to have charge, etc., of the narcotio drugs farms _________ _ Narcotic Farma, Uniled States, deficiency appropriation for establish- ment, etc., under Public Health Service _____________________ _ for selection of sites ______________ _ meaning of terms used; "habit-forming narcotio drug" or "narcotic"__ _ "addict" _______________________ _ sites for institutions to be selected by ·Attorney General, Secretary of the Treasury, and Secretary of VVar _______________________ _ addicts who are Federal convicts, and others to be confined and treated therein ______________ _ estimates of cost of, buildings, etc., to be submitted _____________ _ plans, etc., to be prepared in office of Supervising Architect ________ _ reimbursement of cost, for super- vising construction, etc _______ _ control, etc., vested in Secretary of the Treasury ___________________ _ Narcotio Division, Publio Health Service, to be in charge of management, etc ____________ _ care, etc., of inmates, designed to re- habilitate, restore to health, etc_ rules for government to be promul- gated______________________ _ information of methods of treatment, etc., to be given to representa- tives of each State ___________ _ transfers to narcotic farms of addicts sentenced to Federal penal in- stitutions, etc _______________ _ exception in case of nature of crime, or incorrigibility _______ _ from, if presence deterimental to in- stitution ____________________ _ by officer of the farm ____________ _

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text: Talk:United States v. Bennitz/Opinion of the Court


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/1930

 INDEX. clxxix Narcotic FaNI&4, United Statu-Contd. prosecuting officer to report to sen- tencing authority, the name, etc., of each convioted person believed to be an addict ______________ _ employment of inmates_____________ _ plants, etc., to be established______ _ Pap. 1087 1087 1087 sale of products to Government es- tablishments, etc_____________ 1087 payment for earnings_ _ _ _ _ _ _______ 1087 working capital fund to be estab- lished_______________________ 1087 inmates not eligible for parole or good conduct commutation, until cer- tified by Public Health Service as no longer addicts___________ 1087 release by board of parole without J't'turn to institution from which transferred_ _ _ _ _ _ _ ___________ 1087 examination of inmate prior to expira- tion of sentence, by Public Health representative_________ 1087 if believed still to be an addict to be informed of advisability of sub- mitting to furiher treatment___ 1087 upon approval of application, further treatment necessary to cure may bcgjven_____________________ 1087 addict voluntarily submitting to treat- ment may be confined in, for a period necessary to affect a cure, etc_________________________ 1088 any addict, except an unconvictP-d alien, may apply for admission to__________________________ 1088 examination and report by Public Health agent_________________ 1088 if applicant an addict, and if, by treatment may be cured_______ 1088 discretionary admission authorized_ 1088 voluntary submission to period of treatment required_ _ __ _ _ _ ____ 1088 suitable accommodations available after convicts have been ad- mitted______________________ 1088 payment of subsistence, etc., by applicanL __________________ ~ 1088 confinement for period necessary for no ci~=riih~-iO""rf;;.TarmstroBot (talk);fi 1088 of confinement confidential and not divulged_________________ 1088 Federal convicts upon discharge, or re- lease on parc1e from narcotic farm, to have transportation and gratuities furnished upon dis- charge from institution which sentenced or transferred_ _ _____ 1088 courts having power to place dependants on probation, may impose on an addict treatment at a narcotic farm until cured______________ 1088 gratuities and transportation to be furnished probationer upon dis- charge______________________ 1089 paymen~ o! expe~ from farm ap- propnatlon__________________ 1089 punishment for unauthorized introduc- ing narcotio drugs into a farm__ 1089 attempt of inmAte to escape________ 1089 procuring escape of inmate, etc_____ 1089 provisions for deportation of alien ad- \ dict upon disoharge___________ 1089 Narcotic8, appropriation for expenses, restricting sale of, etc________________ 170, 1035 Narcotiu--Continued. P.. -. deficiency appropriation for Up6D1es, restricting sale of, etc________ 81, 1671 special annual license tax on occupa- tions, etc., using, modified______ 867 fractions of a year added ________ ~__ 867 Nashville Prmdenta' PlaIa ComnmlUm, established for erecting memorial to former Presidents Andrew Jack- son, James K. Polk, and Andrew Johnson, in Nashville, Tenn____ 1020 composition of___________________ 1020 Nashville, Tenn., memorial to be erected in, to memory of former Presidents Andrew Jackson, James K. Polk, and Andrew Johnson______________ 1020 mayor of, to be a member of Nashville Presidents' Plaza Commission__ 1020 Natchez, Mills., time extended for bridging Mississippi }Uver,at____________________ 1094 Natchez-Vidalia Bridge and Terminal Company, time extended for bridging _Mississippi }Uver, at Natchez, Miss., by _ _ _ 1094 NatiOfl4l Advisory Committee for Aero- nautics, appropriation for expenses_ _ _ __ ___ 582, 1240 for printing and binding for _ ____ 582, 1240 deficiency appropriation for _ _________ 6,43 for scientific research, etc_ _________ 1627 for additional amount for seaplane channel, etc_________________ _ for salaries, 1929_________________ _ membership increased by three ______ _ National Arboretum, D. C., deficiency appropriation for expenses acquiring site for_____________ _ National Boarel for Promotion of Rifle Practice Army, 1627 1676 1451 14 appropriation for national matches and Small Arms Firing SchooL __ 851. 1373 for quartermaster supplies, etc., for' civilian rifle ranges_________ 352,1373 for incidental expenses __________ 353, 1374 for ordnance equipment for rifle ranges____________________ 353, 1374 allowance for personal expenses of, at national matches______________ 786 incidental expenses________________ 786 National Capital Park and Planning Com- mission, D. C., appropriation for incidental, etc., ex- penses ____________________ 679,1296 for purchase of sites ____________ 680,1296 limitation on purchases of sites; none outside the District __ _ ___ 1296 for acqu.iri.ng lands connecting Poto- mac, Zoological, and Rock Creek Parks ____________________ 68~ 1296 Director of Public Buildings and Parks, etc., to be executive and dis- bursing officer ___ ______ _______ 727 may acquire lands for park purposes, reserving limited rights to owner_ 1070 limitation; park purposes not im- paired,etc ___________________ 1070 permanent rights in adjoining lands to prevent value for parks, etc., not impaired by the use thereoL 1070 protection more economically than fee title______________________ 1070 subject to President's approval_____ 1070

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text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/1931

 clxxx INDEX. National CapilfJl Park and PlGnn'ng Com- Pale. m..non, D. C. -- C Ontinued. Director of, may leue land, etc., pend- ing need thereof for immediate park, etc., use________________ 1070 location of warehouse of General Sup- ply Committee, subject to ap- proval of____________________ 1343 modifications of plans for Mall Parkway to be recommended by_ _______ 1696 permits for use of reservatiotl..l etc., for inauguration of the rresident, 1929, to be ilIsued by Director of. 1140 report to be made by, as to the best utilization of the Potomac River from Rock Creek to above the Great Falls___ ____ _____ __ _____ 1012 terms of appointive members modified, etc__________________________ 726 no payfor service on, but actual travel expense and $8 in lieu of sub- sistence allowed_______________ 727 temporary appointment of Congres- sional Members at close of Con- National ---.;--- 727 appropriation for maintenance, etc_ 354. 1374 for superintendents_____________ 354,1374 for Arlington Memorial Amphithe- ater, etc.; cemeteries abroad_ 354, 1374 for Chalmette, La_________________ 354 for restoration of Lee Mansion, Ar- lington, Va__________________ _ for repairs to roadways; restriction __ 354 354, 1375 roads limited to one approach_ 354,1375 for headstones for soldiers' graves, etc_______________________ 354,1375 for Antietam battle field; superin- tendent___________________ 354,1375 for disposition of remains of officers, enlisted men, citizens, etc., re- 1D0vab ___________________ 354,1375 recovery of bodies____________ 355,1375 segregation of bodies in American cemeteries, Great Britain and ~ c e ____ _____ ____ _____ ___ _ for Confederate Mound, Chicago, IlL 355 355, 1375 for Confederate burial plats _____ 355,1375 for monuments, etc., in Cuba and China____________________ 355, 1375 deficiency appropriation for expenses__ 37,· 43,50 for furnishing headstones for soldiers' for f~;:,ineTarmstroBot (talk)-~o~pl;tion-of 37 Tomb of Unknown SOldier_____ 37 for headstones for soldiers' graves___ 43, 50,936,938,1620 for Zachary Taylor J Ky____________ 929 for restoration of Lee Mansion, Ar- accepu!:J:<>~1 \;-t;bi;i8--tO-be 1666 placed in Andersonville, Ga., by Grand Army Woman's Relief Corps_______________________ 1447 of land authorized for establishing, at battle field of Perryville, Ky _ 160 establishment authorized of Zachary Taylor, Ky___________________ 494 headstones authorized for graves of soldiers who served in Confeder- ate Army, in, and other ceme- teries________________________ 1307 National Cemeteriu-Continued. Pap. part of, Baton Roul1e, La., conveyed to city for pubhc street___________ 758 right of way granted through Chal- mette, Lii.., for a new levee_____ 997 National Conference 01 Commiasioners on Uniform State LaW8, appropriation for aid to, by District of Columbia_________________ 651,1269 Nationcl Currency, appropriation for distinctive paper for__ 166, 1032 for expenses, redemption of, Treas- urer's office _______________ 168,1034 for personal services, Office of Comp- troller of the Currency _____ 168, 1034 National Delmlle Act Amendment.!, National Guard heavier than air squad- ron may have commiBBioned of- ficer as one caretaker__________ 440 civilian caretakers for materiab, etc., if none competent in personneL_ 440 limitat01:24, 25 September 2010 (UTC):_~_TarmstroBot (talk)i_~l_?_r 500 provisions for national rifle and small arms matches________________ 786 National Foresta, appropriation for administration of_ 553, 1203 for expenses, district administration_ 5531 1204 for fighting, etc., forest fires _____ 553,1204 for airplane patrol to prevent forest fires on, etc _______________ 553, 1204 for selecting lands within, for home- stead entries ______________ 554, 1204 for sanitary and fire protection, pub- lic camp grounds witrJn ____ 554, 1204 for improvingrange conditions, etc_ 555, 1205 for purchase of seed, etc.,. for tree planting; t:Kperiments, etc ___ 555, 1204 for roads, trails, etc., for developing_ _ 555, 1205 for extension of, under Conservation Act ______________________ 555,1206 for expenses, restoring lands in ___ 202, 1564 deficiency appropriation for fighting, etc., fore~t fires in ___________ 12, 1633 for emergency insect infestations in__ 12 for roads, traib, etc_______________ 12 acquisition of lands, etc., for forest tre& nlberies authorized from appro- priation for planting trees on_ ___ 1318 additions to Absaroka and Gallatin, for preserving game animals, etc___ 603 authorizations of appropriations for roads and traib in, 1930, 1931. _ 750 corrected description of lands added to !4iBBoula____________________ 1426 Crater, Oreg.; exchange of lands for addition to__ _________________ 450 public hutds added to______________ 450 exchanges authorized of lands within Spanish or Mexican grants in New Mexico, for additions to Carson, Manzano, or Santa Fe_ 431 lands added to Challis, Idaho_________ 415 Challis and Sawtooth, Idaho_______ 415 Gunnison, Colo___________________ 451 Idaho___________________________ 415 Manti, Utah, by exchange_________ 370 !4issoula, Mont_______ .__ __ __ __ __ 598 Montezuma, COlo_________________ 711 hinds in Montana within six miles of, may be acquired to become parle of thenea.rest____________ 1145

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Page:United States Statutes at Large Volume 45 Part 1.djvu/1932

 INDEX. clxxxi National Fore.!~ontinued. p .... Lincoln, N. Mex.; exchange of l>ubHc lands for pr\vately owned lands within, for adding thereto _ _ ____ 1154 Powell.... Utahj. areas from, added to !Sryce \,;an-'yon National Park___ 147 suspension until December 31r 1930, of requirement of consenli of Ala- bama legislature for additions to Alabama National Forest______ 1010 Yellowstone; repeal of authorizPotion for homestead entries in, etc________ 622 National GaUery 01 Art, appropriation for administration ex- penses ___________________ 584, 1242 National Guard, appropriation for pay, officers _____ 329,1353 for pay, enlisted men___________ 329,1353 for transportation of officers and en- listed men on discharge______ 833,1357 for arming, equipping, and training__ 347, 1368 for forage: etc., for animals______ 347, 1368 for care, 01 materials, animals, etc_ 347, 1368 for expenses, instruction camps __ 347,1368 for attending military service schools_ 347, 1368 for property and disbursing officers__ 347.l 136ts for equipment and instruction ex- penses _____________________ 347,1368 for travel, Regular Army officers_ 347,1369 amounli for officers of War Depart- ment General Staff_________ 347,1369 for transporting equipment and sup- plies______________________ 347, 1369 for expenses, Army enlisted men_ 347,1369 for pay of (armory drills) ________ 347,1369 interchangeable appropriations_ 347, 1369 for procuring arms, etc., for issue for field service _______________ 347,1369 new airplanes, etc____________ 347,1369 issues from Army surplus stores not charged to militia appropria- tions _____________________ 347, 1369 limitation of mounted units, etc___ 348, 1369 deficiency appropriation for arming, equipping, etc ____________ 43,45,49, 936,938, 1619, 1622, 1672, 1674 for field service ________ 49,936,1622,1674 for pay of (armory drills) __ 929,1619,1665 . for addition to Camp Clark, Nevada, Mo_________________________ 1665 adjustment of army drill pay for 1917, 1918, and 1919, directed_______ 704 hospital treatment, etc., allowed, for injurr or disease, while on trairung duty, etc_____________ 461 pay, allowances, etc., continued_____ 461 transportation home and further treatment when discharged from hospital___ __ __ __________ __ __ _ 462 allowance for injuries in aerial flights_ 462 members of reserve corps injured in voluntary aerial flights, not on active duty, allowed____________ 462 limitation on pay, etc___________ 462 allowances to Reserve Officers' Training Corps and trainees, injured at instruction camps______________ 462 burial expenses allowed, and return home of the body in case of death________________________ 462 previous expenditures validated_ ____ 462 National Guard-Continued. ' p.... may have one commissioned officer as caretaker in heavier than air squadron____________________ 440 employment authorized of civilian care- taker for materials, animals, etc., if none competent in the personneL ______ ______ ______ _ 4( pay of cfficers and enlisted men to be disbursed quarterly for the vari- ous units_____________________ 407 ratio of apportionment of appropria- tions________________________ 407 expenses specified_________________ 407 attendance of Army officers, etc., at conventions of National Guard Association, and Adjutants Gen- eral Association_______ __ __ _____ 407 quarters and subsistence to Army enlisted on National Guard duty; from general fund________ 407 promoting rifle practice, field in- struction, etc______ ____________ 407 restrictions on payments to, modified_ _ 500 National Home lor Di8abled Volunteer Soldier8, appropriation for expenses, Dayton, Ohio _____________________ 359, 1382 for Milwaukee, Wis _____________ 360,1383 forTogus, Me__ ~ ______________ 361,1383 for Hampton, Va_______________ 361,1383 for Leavenworth, Kans _________ 361,1383 for Santa Monica, Calif _________ 361,1384 forMarion,Ind ________________ 362,1384 for Danville, I1L _______________ 362,1384 for Johnson CithTenn________ ~_ 362,1384 for HotSprings, I::i. Dak _________ 362,1384\ interchangeable appropriations_ 362, 1384 forclothinglall branches ________ 362,1384 for Board 01 Managers __________ 362,1384 deficiency appropriation for Dayton, Ohio __________ 39,50,93~ 162~ 1667 for Togus, Me____________________ 1667 for Hampton, Va___________ 39,930.1667 for Leavenworth, Kans ______ 39,930,1667 for Santa Monica, Calif_ 39,930,1614,1667 for Danville, 111 ____________ 39,930,1667 for Battle Hountain Sanitarium, S. Dak __________________ 3~93~ 1667 for Milwaukee, Wis________________ 50! 930, 1620, 1667, 1674 for Johnson City, Tenn_________ 930,1667 for increase of compensation_______ 50 for .lothing___________________ 930,1667 for Marion, Ind__ _ _ ______________ 1667 for Johnson City, Tenn____________ 1667 for Bath, N. Y ___________________ 1668 acceptance of buildings, etc.t • of camp iorveterans, Bath, N. x ., to bea branch of.____________________ 758 additional amou~t authorized for hos- pital annex, Marion Branch, Ind_ 1308 appointment on Board of Managers, of Palll E. Devine________________ 56 W. S. Albright_ _ _ _ _______________ 1015 Roy L. Martin___________________ 1016 construction of barracks, etc.]. . author- ized at Santa Monica, l,;alif____ 447 hospital, at Dayton, Ohio__________ 1248 admission for treatment disabled honorably discharged female nurses who served in any war __ 1248 contracts authorized for, or the Board of Managers may pur- chase the materials, employ la- borers,etc___________________ 1248

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United States v. Rose

THIS was an appeal from the District Court of the United States for the northern district of California.

The facts of the case are stated in the opinion of the court.

It was argued by Mr. Stanton for the United States, and by Mr. Crittenden and Mr. Benjamin for the appellees.

One of the objects of the counsel for the appellees was to induce the court to reconsider the decision in the cases of Bassett and Nye, reported in 21 Howard; and another, to show that if the judgment in those cases were to stand, the present case did not fall within it.

Mr. Crittenden reviewed the facts of the case, and contended that the grant was within the power of the Governor; that it was an exercise of political power, binding on all concerned; that it proceeded from the highest executive authority charged to do that very act; that it rested upon the same principles as the case of Chisolm v. the State of Georgia; that we had no right to inquire into the motives of the Governor. He was besieged, and made a speech to the people, whom he wished to induce to support his authority; that the transaction resembled our revolutionary promises, when Congress appealed to the people to sustain the war of independence; that the Governor conferred a present right, in which there was no ambiguty; that the court appeared to think, in the former decision, that the Governor only promised a grant, whereas it took effect at once; that it was a valid act of political power, no matter what the motives were; that one construction impeached the motives of the Governor and the integrity of the people, and the other only confirmed an act of justice.

With respect to the circumstances which distinguished this case from Nye's, Mr. Crittenden referred to the following:

John Smith was one of the class entitled under the general grant of the 22d December, 1844. It is proved that before that date, in the year 1844, he had presented to the Governor, Micheltorena, his petition, with a map or diseno, for the six leagues of land in question-called or marked on the map, 'Rancho de Yuba,' and 'bounded on the north by the river Yuba, on the west by Sutter's claim, on the south by Johnson's ranch, and extends eastwardly so as to contain six square leagues;' and that he had also obtained the favorable report of Sutter, to whom his petition had been referred, in the usual course.

It is further proved that Sutter recognised Smith as one of the persons entitled, and gave him a copy of the 'general title' as evidence of his right.

It is further proved that Smith lost all his title papers their loss, their authenticity, and their contents, are all clearly proved.

Smith was put in possession by Sutter, and within twelve months after the date of the 'general title,' he was in the occupation of the land, 'made improvements, and built an adobe house, and had upon the said land about 400 head of cattle, with some horses.'

Bidwell's testimony is, that Smith settled on the land in the fall of 1844, or early in 1845, and continued to live upon it till he sold in 1848. He had previously lived on adjoining land, which he had purchased of Sutter.

Smith's petition for the land in question, and the favorable report thereon by Sutter, were made to the Governor in September, 1844; and in that year, according to his own testimony, he not only made improvements, but 'had about six hundred cattle and a few horses on this land.' He was a Canadian by birth, was naturalized as a Mexican, and had been in California since 1835.

It does not appear that he was ever engaged in the military service, or that the grant was made to him otherwise than in the due administration of the colonization laws of Mexico.

These latter circumstances distinguish the present case from those of Nye and Bassett, reported in 21 Howard, 408, et seq.

Mr. Benjamin reviewed the facts of the case, and said the claimant had been put into possession, and the only way to get him out was to drive him from the soil. He then reviewed the preceding decisions in California cases, and contended that the rules established in Fremont's and subsequent cases were reversed in that of Nye. The Louisiana and Florida cases were applicable. Where there was permission to settle and possession taken, it constituted an equitable title. True, there was an uprising of the people and a stump speech; but the political power was there, and ready to act. Had not the Governor power to confirm these grants, one by one? You confirmed Larkin's title, issued from the same place, because it was to one person only. The Governor was sent there, and had extraordinary powers, (for which Mr. Benjamin referred to 3 Archives, in U.S. v. Limantour, page 5.)

Mr. Stanton, in reply to these arguments, said that the only question was, whether or not this was public domain. Sympathy was out of the case. The possession of the claimant was doubtful; but if true, what right did that give? Sovereignty was always in possession, and could not be ousted. The court cannot confirm this claim without obliterating all previous decisions. There are no new facts proved. The court held in Cambuston's case (20 Howard, 59) that they would inquire into the motives of the grant, and all the circircumstances attending it. The Louisiana and Florida cases were not like these; the difference is pointed out by the court in Cambuston's case, (20 Howard, 63.) The instructions to Micheltorena were before the court in a former case. Whatever power he might have proclaimed to the people that he possessed, when his instructions were produced they did not justify him. A change in political government did not authorize the Chief or President to change the law. Santa Anna, in his instructions to Micheltorena, did not attempt to change the law; he made a difference between foreigners and natives, and said that 'foreigners ought to be prevented from taking part in domestic quarrels.' If those people had no claim upon the Mexican Government, they have none on ours. The Mexican laws give them no claim. The cases referred to by the counsel on the other side as being confirmed, were all genuine grants, made strictly within the colonization laws.

Mr. Justice CAMPBELL delivered the opinion of the court.

title: United States v. Rose


text: Talk:United States v. Rose

title: Talk:United States v. Rose


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Page:United States Statutes at Large Volume 45 Part 1.djvu/1933

 ,clxxxii INDEX. National Home/or Diaabled Volunteer Sol- Paae. cliBn-Continued. Santa Monica, Calif.' additional build- ings authorized at_____________ _ 61 specified veterans, including women, entitled to benefits oL_______ 366 submission to Congress discontinued, of report of outdoor relie!t etc_____ 995 NatiotwJl Library lor the Blind, u. C., appropriation for aid w ____________ 677,1293 National Memorial Commi8non, creation, and composition of ____ _____ 1699 procurinlS, plans, etc.} by, of buildin~ as a tribute to the negro's achieve- ments in America for National Memorial Association (Incorpo- rated)_______________________ 1699 construction on site approved by Com- mission of Fine Arts; supervision_ 1699 contract authorized for sum pro- vided by the Association_______ 1699 employment of artists, architects, etc., authorized___________________ 1700 services of designated Federal, etc., officials_ ________ ____ _____ ____ 1700 sum authorized for expenses, when $500,000 collected by Associa- tion_________________________ 1700 National Military Parks, appropriation for Chickamauga and Chattanooga ______________ 355,1376 for Fredericksburg and Sl>otsylvania County Battle Fields MemoriaL 1376 for Gettysburg ________________ 356,1376 for Guilford COurthouse ________ 356,1376 for Moores Creek ______________ 356,1376 for Petersburg____________________ 1376 for Shiloh. ____________________ 356, 1377 for Stones River _______________ 356,1377 for Vicksburg _________________ 356, 1377 for survey of battle fields__________ 1377 for national monuments; Fort Mc- Henry, Md_ _________________ 1377 Meriwether Lewis, superintendent_ 1378 deficiency appropriation for additional land, etc_____________________ _ for Moores Creek; reappropriation __ for Fredericksburg and Spotsylvania Countl .Battle Fields Memorial for Stones River, Tenn____________ _ for Fort Donelson, Tenn__________ _ additional amount authorized for estab- 37 37 38 38 929 lishing Fort McHenry, Md_____ 248 easement for highway granted acroBB Vicksburg, MiBB_ _ ____________ 434 establishment authorized of Fort Donel- son battlefield, Tenn., as_______ 368 National M onumems, appropriation for maintenance, etc., of under Secretary of War_____ 357, 1377 for Fort McHenry, Md _________ 357, 1377 for Meriwether Lewis __________ 357,1377 for Kill Devil Hill, Kitty Hawk, N. C _ 357 for Chalmette, La_________________ 357 for Tomb of Unknown Soldier, Ar- lington Cemeterx, Va_________ 1378 for tablet on site of Battle of Kettle Creek, Ga___________________ 1378 for Battle of Perryvill~:.Ky 1378 for William Rufus lUng, Clinton County, N. C_ _______ _______ _ 1378 for administrstion, etc., under Na- tionalParkService_________ 236,1599 Casa Grande___________________ 236 PetrifiedForest____ ~ __ __ __ __ __ __ 1599 National Monumenta--Continued. Pace. appropriation for administration, etc., Montezuma Castle____________ 1599 Tumacacori.___________________ 1599 Chaco Can~on- 1599 for Carlsbad Cave, N. Mex _____ 236,1599 lighting installatioi1s_ ___________ 236 for purchase of privately owned lands within b ' condition__________ 237,1600 Badlands, S. ak., established________ 1555 National M UBeum, appropriation for furniture, etc ____ 584. 1242 for heating, lighting. etc ________ 584,1242 for preserving collections; employees etc_______________________ 684, 1242 for repairs, books, etc __________ 584, 1242 National Park Commissioners, appropriation for salaries __________ 79,1110 National Park Service. appropriation for Director, and office personnel ___________________ 223,1596 for accounting tlervice&___ _______ 233, 1596 for Bryce Canyon, Utah___________ 1596 for Crater Lake, Oreg __________ 233,1596 for General Grant, Calif ________ 233, 1596 for Glacier, MonL _____________ 233, 1596 for Grand Canyon, Ariz ________ 233,1596 for Hawaii____________________ 234,1596 for Hot Springs, Ark ___________ 234,1597 for Lafayette, Me ______________ 234,1597 for Lassen Volcanic, Calif_______ 234,1597 for Mesa Verde, Colo___________ 234,1597 for Mount McKinley,Alaska____ 234, 1597 for Mount Rainier, Wash _______ 234,1597 for Platt, Okla_________________ 235,1598 for Rocky Mountain, COlo ______ 235,1598 for Sequoia, Calif ______________ 235,1598 for Wind Cave, S. Dak_________ 235, 1598 for Yellowstone, Wyo __________ 235, 1598 for Yosemite, Calif_____________ 236, 1598 for Zion, Utah_________________ 236,1599 for national monuments ________ 236,1599 for Casa Grande__________________ 236 for Petrified Forest________________ 1599 for Montezuma Castle_____________ 1599 for TumacacorL__________________ 1599 for Chaco Canyon________________ 1599 for Carlsbad Cave, N. Mex _____ 236,1599 for southern Appalachian national parks; Shenandoah and Great Smoky Mountains _________ 23~ 1599 for Mammoth Cave, Ky ________ 23"1,1599 for repairing damages to roads, etc., from storms, unavoidable causes, etc_______________________ 237,1600 for fi~hting forest fires, etc., in __ 237, 1600 limitation and restriction on ex- penditure _________________ 237, 1600 for purchase of p'~vately owned lands for; condltlOn _________ 237, 1600 physical improvements appropria- tions immediately available; re- striction___ '__ _ __ _ __ _ __ _ __ _ 237,1600 for roads, trails, etc., in parks, monu- ments,etc ________________ 237,1601 approved contracts for projects deemed Government obliga- tions _____________________ 238,1601 for additions to Absaroka and Galla- tin Forests and Yellowstone Park for winter feed facilities for game animals_________________ 1601 use of appropriations forbidden where charges are made for campgrounds _____________ 23~ 1602

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United States v. Rose/Opinion of the Court

The appellees were confirmed in a tract of land in Yuba county, California, containing six square leagues, bounded north by the Yuba river, west by the eastern line of Captain Sutter's land, south by Johnson's rancho, and easterly for quantity.

The original claimant is John Smith. He was examined as a witness, and testifies that he was a naturalized citizen of Mexico. That in September, 1844, he petitioned the Governor of California for the land, and obtained a favorable report from Captain Sutter, and in 1845 received from the latter a copy of the 'general title,' which the Governor had authorized him to give. That in 1844 he built a house upon the land, planted an orchard of fruit trees, and in that and the following year enclosed a field by ditches, and cultivated it, and that he had there a stock of cattle. He says he resided on the land until 1848, when he sold it to persons under whom the claimants derive their claim.

To account for the non-production of any documentary evidence, he says that the petition and report, with a copy of the general title, were lost in the Sacramento river in 1845; that subsequently he obtained another copy, and this, with his naturalization papers, was sent to Monterey, to be laid before the Departmental Assembly, but that they were never returned to him. Bidwell testifies that he prepared a petition for Smith to Sutter, representing the loss of his papers, and asking for another copy of the title, and that Sutter admitted the claim. He testifies that Smith cultivated the land.

The two depositions of Sutter show that he recognised the claim of Smith to have the benefit of the general title, and that he gave him copies, as stated by the other witnesses. Other testimony in the record disproves the statements of these witnesses in reference to the improvement of the land, and shows satisfactorily that they were made on a different tract of land, and in no connection with this claim.

The 'general title of Sutter' was considered by the court at its last term, and its operation declared in the cases of the United States v. Nye and the United States v. Bassett, reported in 21 How. R., 408, 412. The opinion of the court in those cases has been examined in the argument at the bar, and has been re-examined by the court.

The testimony of Sutter in the case of Nye was, that the general title was enclosed to him in a letter by Micheltorena, the Governor, by his request. That the Governor was blockaded at Monterey, and was in need of military aid, and the general title was sent to him upon his advice. That he executed the trust conferred upon him, by giving copies of the title to those 'who had rendered meritorious services to the country, and who applied to him.' The general title was issued before his men marched from New Helvetia to join Micheltorena, and, in some cases, copies were given before and some after his return from the expedition, 'but only to such as he thought deserved it.' Governor Micheltorena made a speech to the soldiers, and promised to deliver grants to all 'whom he should recommend,' 'referring as well to those to whom copies had been delivered as to those to whom he should deliver them.'

In the cases of Nye and Bassett, it was proved that the claimants were soldiers in the war of Micheltorena, and had taken possession of the land within their claim under a temporary license from the Governor. There is no evidence of the kind in this case. The statement of facts in this testimony, and the inferences drawn from it by the court, are corroborated by public documents existing in the archives of California. These show that, in the autumn of 1844, there was an insurrection against the authority of Micheltorena, which terminated in a compact signed at Santa Teresa, the 1st December of that year, by the contending chiefs. Micheltorena agreed to disband and send away a battalion of infantry, (presidiarios,) 'with some vicious officers,' within three months, and should himself retire to Monterey; that the headquarters of the opposing forces should be at San Jose, and that their expenses should be charged to the Department. In that month, both parties recommenced preparations for renewing hostilities. On the 24th of December, Alvarado asked Sutter for explanations 'in relation to the assembling of men' at his fort, and charged him with the design of 'invading the Californias.'

He transmitted to Micheltorena a copy of this letter, and arraigned Sutter 'for preparing to attack the forces of the north, under the pretext of placing himself in the defence of Micheltorena's Government, claiming to have relations with him for this purpose.' He says: 'Considering the movement of Sutter and his conduct as an arbitrary act of his own, unauthorized by the Government, and knowing positively that he is organizing a force, composed of adventurers and Indians, to attack this garrison, I assure your Excellency that I am in a condition to make a defence, and to attack him as soon as he marches against this place, to carry out his dark designs.'

On the 28th December, Micheltorena replied to a letter from Sutter, in which he says: 'I approve in its whole what you say to me in your last. What you may do, I approve; what you may promise, I will fulfil; what you may spend, I will pay. * *  * The country calls for our services; our personal security requires it, and the Government will know how to recompense all. * *  * If you have not left, owing to some event, without the necessity of a new order, when you learn that I am moving from Monterey to San Juan, you will move at once; for I will have well calculated the time to act against them.'

On the 12th January, 1845, he addressed a letter to an officer, in which he says: 'All which is said to you under this date by Senor Don Sutter, who is now, with arms in hand, defending the rights of the nation, and, supporting the Departmental Government that I exercise, will be duly obeyed by you.'

Sutter, under these orders, reached Santa Barbara in the early part of February, with two companies, and placed them under the command of Micheltorena.

On the other hand, Alvarado and Castro, in January, 1845, denounced the Governor to the Departmental Assembly, 'that he appointed as commander of armed adventurers the same Sutter, of whom there is sufficient evidence that he seeks to possess himself of the Department, attacking the national integrity; a proof that the country is in danger; and the presumption is, that Governor Micheltorena does not deserve the public confidence.' They arraign him, because he had called 'to promote civil war in the country the foreigner, (Sutter,) accused before the Supreme Government of the country as a conspirator against the national integrity, and because united to more than one hundred adventurous hunters, proceeding from the United States, without more fortune than the muzzles of their rifles, he has increased his files, and causing devastation,' &c. They asserted to the Departmental Assembly, as the only legal authority which they and their party recognised, 'that General Micheltorena is a traitor to his country, and as such he ought to be presented to the tribunals of the Republic, to be judged in accordance with the laws. 2d. That the Assembly should in the interim regulate all the branches of the administration. 3d. That they should transmit the charges against the Governor to Mexico, by a commission, and ask that the Government of the Department may be committed to its natives and residents, of sufficient capacity and knowledge for its management.

This communication was referred to a committee of the Assembly, who reported that the Governor had repudiated the compact of Santa Teresa, and prepared himself to chastise those who had demanded its conditions; that his connection with Sutter was dangerous to the safety of the Department, and had deprived him of the support of the citizens, 'for there is not a single individual therein,' they say, 'who, at seeing Don John Auguste Sutter commence a campaign in California, that does not remember that this gentleman has expressed his fatal design of subduing the country.'

On the 15th February, the Departmental Assembly disavowed the authority of the Governor, pronounced his office vacant, and called upon Pio Pico, the first member of the Assembly, to take charge of the Departmental Government in the interim.

On the 22d February, 1845, a treaty was concluded between the commissioners of the Assembly and of the Governor, which was sanctioned by the respective chiefs, in which it was stipulated 'that, from this date, the political command of the Department is delivered to the first member of the most excellent Departmental Assembly, because it was so disposed by said body, agreeably to the laws; for which purpose, his Excellency General Micheltorena will deliver a circular order in the hands of the chief of the division of the opponents, that the same be published throughout the limits of the Department.'

It is acknowledged that the Governor 'could no longer contend, with his small forces and scanty resources, against the general outbreak of the country;' and therefore he obligates himself to march to San Pedro, thence to be conveyed to Monterey, and thence to some port in the Republic of Mexico.

Sutter remained a prisoner in the hands of his enemies. On the 26th of the month, (February,) he addressed a letter to Pio Pico, as Governor, in which he speaks of his detention in the city, and attributes it to his connections with Micheltorena. He refers to his relations and duties as an officer, protests that he was ignorant, and deceived as to the cause of the insurrection against Micheltorena, and that he was then convinced of his delusion, and repented of his credulity. He promises obedience to the authorities, offers to place his fort at the disposal of the Government, and prays for his release. It does not appear that he was able to return home until the first of April, about which time Micheltorena sailed from Monterey.

Pio Pico remained in charge of the Government, as senior member of the Assembly, until the 15th day of April, 1846, when he was installed as constitutional Governor of the Department, pursuant to an appointment made in consequence of the memorial of the Assembly on the 27th of June of the previous year.

We have entered into this minute statement of the relations of Sutter to the authorities of Mexico, and especially those in the Department of California, in order to estimate with exactness the import of his acts, under the power conferred by Micheltorena, and how far they imposed an obligation upon the public faith of those Governments, and upon this Government, as their successor.

The authority of Micheltorena to distribute the lands of the Department arises in the colonization laws of 1824 and 1828. The object of those laws was to secure for the Republic a population composed of industrious, obedient, and loyal citizens, who might contribute to its strength and prosperity.

In the distribution of the public domain for this purpose, the political chief was directed to inform himself particularly of the circumstances and condition of every applicant for land; and that his power of selection should not be inconsiderately or corruptly used, he was required to preserve a record of his acts of administration, and to submit reports to the Departmental Assembly and the Supreme Government, the approval of one or the other being necessary for their definitive validity.

The claims presented to the land commission of the United States in California, and to this court on appeal by the claimants, under the 'general title of Sutter,' exhibit a wide divergence from the essential rules prescribed in the colonization laws. The petition is not preserved in the archives, but was retained by the applicant. The Governor declined to act, until he could examine the country of which the colonization is proposed. In the absence of the petition, and without the desired information, under a 'supreme pressure of business,' he decides suddenly to send to a subordinate and suspected officer the authority to determine the most serious question of administration confided to his care-that of selecting persons who should own and occupy the soil of the Department. He does not preserve a record of this act, nor a copy of the paper he issues, nor did he present it to the Departmental Assembly for its ratification.

We are compelled to seek an explanation of this anomalous exercise of authority, and to examine the conditions attached to this unusual mode of administration; to inquire of the relation which the proposed objects of the favor occupied and were to occupy to the Department and its authorities, and the consequences contemplated by the Governor and his agent to ensue from their use of this title, to ascertain its signification. We have no doubt that the court may employ this medium of proof for this purpose.

We learn that the treaty concluded at Santa Teresa was an armistice merely, and that Micheltorena, immediately after, concluded to use the agency and influence of Sutter to punish his enemies and sustain his power; and, to increase that influence, issued this 'general title.' Their alliance was regarded by the Departmental Assembly as treasonable, and justifying the deposition and expulsion of the Governor from the Department. Sutter became their prisoner, and was compelled to renounce his connection with his chief to make his peace. His companies were regarded as public enemies, and were disbanded and dispersed. The Supreme Government acquiesced in the decisions of the Assembly, and recognised and commissioned the Governor of their appointment.

No indemnity was granted to the adherents of Micheltorena, nor provision made for the fulfilment of his promises to them; nor have we discovered an instance in which their accomplishment was demanded of the succeeding Government. Our opinion consequently is, that these acts and promises were not considered in California or Mexico as valid obligations, binding the conscience of the Republic; and therefore they are not valid claims under the treaty of Guadalupe Hidalgo.

In some of the instances, Micheltorena granted a permission to the applicant to occupy the land provisionally, until he could visit that portion of the Department to act upon their petition. It is contended that this license is so far a recognition of the merit of the application, as to impose upon the United States the obligation to accede to it; that it confirmed an interest in the land, that they should perpetuate by a grant.

We agree that every species of title that originated in the rightful exercise of legitimate authority, and existed under the safeguard of Mexican laws at the date of the acquisition of California by the United States, is protected by the treaty of cession. The change of the Government does not alter the relations of the inhabitants in this particular. This court is charged with the duty, in the last resort, to recognise the validity of all such claims. But it is the duty of the court to distinguish between rights acquired under the laws and usages of Mexico, and claims depending upon the mere pleasure of those who were in power between the vested estate and the hope or expectation of favor or bounty. The license of the Governor to the applicant to make a temporary occupation, until he could inform himself, so as to act considerately or intelligently, we think, cannot be treated as conferring a property in the land.

We have examined these cases with unusual care, in consequence of the number of parties in interest and the amount of property involved. Upon the most liberal estimate of the powers of the Governor, and the most indulgent view of the claims of the petitioners, we are unable to determine that they are valid.

Judgment of the District Court reversed, and cause remanded, with directions to dismiss the petition.


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/1934

 INDEX. clxxxiii Pap. National Park Service-Continued. appropriation for roads, etc.; available for paying traveling expenses, etc., on change of station___ 238, 1602 for printing and binding for _____ 202,1564 deficiency appropriation for roads, trails, etc________________ 19,46,933 for Glacier _____________________ 46,1644 for Grand Canyon, Ariz___________ 46 for Mount Rainier, Wash ________ 46, 1644 for Yellowstone, Wyo ___________ 46,1644 sale of surplus elk_______________ 1644 for Yosemite, Calif________________ 904 for Zion, Utah___________________ 904 for Carlsbad Cave, N. Mex________ 904 for Wawona Road, Sierra National Forest______________________ 904 for commissioners, Mesa Verde and Lassen Volcanic _____________ _ for Wind Cave, S. Dak ___________ _ for Crater Lake, Oreg _____________ _ for Yosemite, Calif_______________ _ for fighting forest fires, etc________ _ 905 1621 1643 1644 1644 1683 for salaries, 1929, under___________ _ Abraham Lincoln, or Reservation, I{y., improvement and preservation provided for__________________ 1162 administration of Badlands National Monument, S. Dak., to be exercised by__________________ 1555 Bryce Canyon, Utah, area modified___ 502 field work appropriations for, available for hire of work animals, vehicles, etc______________________ 24~ 1606 Grand Teton, Wyo., established______ 1314 Hawaii, boundary revised____________ 424 Lafayette, Me., acceptance of lands donatedforextension__________ 1083 name changed to Acadia__________ 1083 Lassen Volcanic Park, Calif.; accept- ance from California of jurisdic- tion over territory therein_ _ _ _ _ 463 exchange of lands for additions to___ 644 prominent mountain within, to be permanently named in honor John E. Raker, deceased, a for- mer Member of Congress______ 371 acceptance of lands in, by exchange for forest, etc., purposes______ _ accepted lands added to the Park __ boundaries modified______________ _ leases authorized to prior occupants of lands in Shenandoah and Great Smoky Mountains___________ _ limitation on personal services for roads 1443 1443 1081 109 and trails increased___________ 904 Mesa Grande Park, Colo.; acceptance from Colorado of jurisdiction over territory therein_ _ _ _ _ _ _ __ 458 Mount McKinley, Alaska; repeal of limit on appropriations for, and provisions allowing killing of game for food, etc___ _ ________ 622 report, etc., on_practicability of estab- lishing Tropic Everglades Na- tional Park, Fla______________ 1443 Rocky Mountain, Colo.; acceptance of jurisdiction of Colorado in_____ 1536 Shenandoah, Va.; minimum area for, establish____________________ _ Utah, name changed to Bryce Canyon_ 54835°-29-PT 1--122 109 147 National Park Service-Continued. Yellowstone, Wyo.; additional lands authorized for preserving game ~___________ ___________ 603 boundaries changed_______________ 1435 commission to elt&Dli.ne and recom- mend boundary adjustments___ 1413 Yosemiter Calif.; exchange of lands wi~h private ownership for pro- tecting park deer_____________ 787 timber stands adjacent to, may be added thereto________________ 1486 Zion, Utah; diversion of water from springs in to Springdale, Utah authorized___________________ 787 National. Parks (Be6 alia National Park Service, Interior Department), actions for death or personal injury within, Or places subject to ex- clusive Federal jurisdiction, to be brought in courts of State where located________ - _____ _ _ 54 National Prea8 Building, D. C., appropriation for lease of space in, for Internal Revenue Bureau______ 169 care, etc., Internal Revenue offices in, placed under Director, Public Buildings and Public Parks, etc_ 169 National Prohibition Act, appropriation for ~enses, enforcing under Prolu'bitlOn Bureau ___ 170,1035 deficiency appropriation for expenses, enforcing_ 31,42,44,48,937,1618,1622 punishment for violations of, etc., in- creased______________________ 1446 discrimination intended between cas- ual violations and habitual sales, etc__________________________ 1446 minimum penalties for first offenses, etc., not repealed_____________ 1446 National Security and De/en:te, deficiency appropriation fori under Committee on Public nforma- tion ________________________ _ for, under Interior Department___ _ for, under Department of Agricul- 41 44 ture_________________________ 933 for, under War Department________ 1619 National Training SchOol/or BOy8, D. C ., appropriation for maintenance_____ 83, 1114 for additional family buil~___ ____ 83 unexpended balance for WIre fenc- ing__________________________ 83 for care, etc., of boys committed to________________________ 67~ 1290 deficiency appropriation for mainte- nance ______________________ 22,907 National Training School/or GirZ8, D. C., appropria.tion for salaries_________ 67~ 1290 . for contingent expenses _________ 674, 1290 National Trophfl, etc;, appropriation for furnishing, for promo- tion of rille practice________ 353,1374 Natural. HiBfOT1J Building, Smithaonian I natitution, deficiency appropriation for safeguard- ~ dome of rotunda, etc______ _ N aturalizatwn, aliens having no record of admission for permanent residence, may be registered_________________ _ requirements for; registry fee _____ _ punishment for false oaths, etc_____ _ 6 1512 1513 1513

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text: Talk:United States v. Rose/Opinion of the Court


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/1935

 clxxxiv N aturalization-Continued. certificate of arrival may be issued when record of registry made __ _ lawful admission deemed on record of registry __________________ _ declaration of intention requires entry for permanent residence estab- lished, and certificate of arrival_ evidence from personal witnesses as w residence _________________ _ continuous residence, preceding petition _____________________ _ from date o~tition to admission_ personal qu. ·f ications __________ _ at oral hearings, testimony of citizc:ns to prove residence; etc., reqUlred ____________________ _ effect of returning to country of al- legiance and remaining more than six months and less than a. year preceding filing of peti- ~on ________________________ _ continuity of residence broken by absence for a year or more___ _ proof of residence not required of sea- men on American vessels _____ _ proof of five years' residence not re- qulred ______________________ _ fees for filing declaration of intention__ filing petition for citizenship, etc___ _ to be paid over to Naturalization Bureau _____________________ _ rules to be made by Commissioner ___ _ issues of new certificates, etc., in case of loss, etc.; payment, etc_______ _ special certificates of citizenship for naturalized citizens for use in country of former allegiance ___ _ to Secretary of State for trans- mission to authority in that country _____________________ _ application for certificate of citizenship through naturalization of .p,arenL issue of, on proof of claim). if indi- vidual within United I1Itates at the time ____________________ _ legal effect, etc_________________ _ acts punishablei. unlawful issue of cer- tificate Of citizenship_________ _ collecting, etc., unlawful fees ______ _ untruthfully certifying personal ap- pearance of signer of affidavit, etc_________________________ _ procuring certificate unlawfully ____ _ punishment for __________________ _ sections of Criminal Code relating to citizenship and naturalization offenses made appJicable ______ _ deposit and accounting of fees _______ _ extension of term "county" _________ _ photographs to be furnished by appli- cants; affixing, etc___________ _ report to be prepared upon those hereto- fore seeking citizenship; details; to be made annually__________ _ necessary sums authorized to be appro- priated _____________________ _ effective date, July 1, 1929__________ _ declaration of intention to be made under oath before clerk of court in district where alien has re- sided for two years prior there.o_ qualifications; age, intent of perma- nent residence, etc___________ _ personal description, etc________ _ INDEX. 1513 1513 1513 1513 1513 1514 1514 1514 1514 1514 1514 1514 1514 1514 1515 1515 1515 1515 1515 1515 1515 1515 1516 1516 1516 1516 1516 1516 1&16 1516 1516 1516 1516 1516 1545 1545 1545 N aturalization--Continued. Pa&8. declaration of Intention; not to be made outside office of clerk ___ _ effective in 60 days_____________ _ effect of erroneous statements______ _ new petition to be filed _________ _ alien veterans, if residents, entitled in two years to, upon terms, etc., 1545 1545 1545 1546 as if petitioned for before the armistlce_________ ___________ _ 1546 Naturalization Bureau, Department oj Labor, appropriation for Commissioner, and office personneL ___________ 107,1138 for general expenses, officers, em- ployees, etc________________ 107,1138 for travel, rent, witnesses, etc____ 108, 1138 for clerical assistance to clerks of courts in naturalization Case&__ _ 108 not available for assistants to clerks of Federal courts_____ 108, 1138 deficiency appropriation for miscella- neous expenses _________ 47,934,1621 fot special examiners, etc__________ 47 for salaries, 1929_~_______________ 1685 Nautical Almanac Office, Navy Department appropriation for civilian personneL_~ 642 for computers on American Ephemeris and Nautical Almanac______ 642, 1470 Navajo Agency, N. M ex., appropriation for support, etc., of In- dians at; _8j>portionment in Ari- zona and New Mexico ______ 223,1584 Navajo and Hopi Indian Re8ervation, Ariz. and N. Mex., appropriation for miscellaneous irriga- tion projects_______________ 210, 1572 deficiency appropriation for water sup- ply__________________________ 1617 Navajo Indian Agency, Ariz., Southern, appropriation for additional water sup- ply__________________________ 1567 Navajo Indian Hospital, N. Mex., Eastern, appropriation for support, etc., oL____ 1581 Navajo Indian Hospital, N. Mex., North- ern, ap~ropri~tion for support, etc., 01-__ __ 1581 NavaJO Indwn Re8ervat~on, Ariz., appropriation for operating, etc., Ga- nado irrigation project on______ 1573 Navajo Indian Reservation, Ariz. and N. Mex., appropriation for water supply, unallot- ted lands oL ______________ 209,1572 deficiency appropriation for support, etc.• from tribal funds_________ 1641 Navajo Indian Reservation, Ariz., We8t- ern, sum authorized for telephone liIie from Flagstaff to Tuba City Agency __ 1080 continuation to Kayenta Tubercu- losis Sanatorium______________ 1080 Navajo Indian Reservation, N. Mex., appropriation for operating Hogback irrigation project, under North- ern Navajo Agency _________ 213, 1575 for Gallup-Shiprock Highwa.y within_ 225 deficiency appropriation for diversion dam repair, Hogback project___ 900 Navajo Indian School, Northern, Shiprock, N. Mex., appropriation for water supply _______ 209 Navajo Indian School, Ariz. Ea8tern appropriation for central heating and power planL_________________ 216

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text:
United States v. Osio

THIS was an appeal from the District Court of the United States for the northern district of California.

The case is stated in the opinion of the court.

It was argued by Mr. Stanton for the United States, and by Mr. Gillet for the appellee.

Mr. Gillet made the following points:

1. No form of grant is required by the order of the Supreme Government, authorizing the grant of the islands, nor required by the colonization law or regulations.

2. Meritorious, useful, and patriotic services, were good considerations for a grant.

3. Confirmation by the Departmental Assembly is not necessary in order to confirm a California grant made by a Governor. That it was the duty of the Government, and not of the grantee, to present it for confirmation.

4. When an equitable right has once vested under a California grant by the Governor, it cannot be divested, except by the denouncement of a third person legally made.

5. The question of the bona fides of this grant cannot now be raised, as it was not raised below.

6. Conditions subsequent, if not complied with, do not render the grant void, nor authorize the Government to forfeit the grantee's rights to its own use.

7. When an officer of the Mexican Government, who had the legal power to make grants of land, exercises that power in a manner to create a reasonable belief, in the mind of an applicant for a grant, that the instrument given is a grant, and he takes possession, occupies the same, and makes improvements thereon in good faith, such grant, if not in strict legal form, creates an equitable right, which entitles the grantee to a confirmation thereof.

8. By the laws, usages, and customs of Mexico, this claim would have been confirmed, and therefore this court must confirm it.

9. It is a well-settled rule, that equity cannot be resorted to for the purpose of enforcing forfeitures, but only to avoid them.

Mr. Justice CLIFFORD delivered the opinion of the court.

title: United States v. Osio


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/1936

 INDEX. clxxxv Navaio Indians, appropriation for additional land and Pa&<!. water rights for use of; discre- tionary purchase of surface only _ 1569 deficiency appropriation for reimburs- ing, for livestock of, destroyed to prevent contagious diseases__ 1638 Navaio Indians, Ariz., appropriation for schools under treaty provisions; discretionary use___ _ Navaio Indians, Ariz. and N. ltfex., deficiency appropriation for purchase of land and water rights for ___ _ unexpended balance of appropriation for purchase of lands and water rights f<!~ covered in _________ _ Navaio Indians, N. Mex., 219 899 215 deficiency appropriation for general support, etc.; from tribal funds_ 1641 Navajo Indians, Nev., deficiency appropriation for fulfilling treaties with_________________ _ Navajo Springs Band of Ute Indians, Colo., appropriation for payment to, from tribal funds of Confederated 934 Bands of Utes_____________ 224,1586 from accrued interest_________ 224,1586 Naval Academy, Md., appropriation for engineering experi- ment station ______________ 629, 1458 for engineering experiment station, new boilers, etc_______________ _ for pay of professors and instructors_ limit for swordsmanship and physi- 635 637, 1465 cal training________________ 637,1465 for civilian employees___________ 638, 1466 for current and miscellaneous ex- penses ____________________ 638, 1466 for books for the library_- - -- - -- - 6 38,1466 for expenses, Board of Visitors ___ 638, 1466 for contingencies, Superintendent_ 638, 1466 for commandant of midshipmen_ 638,1466 for maintenance and repairs _____ 638,1466 ! for construction of boathouse; cost limitation____________________ _ deficiency appropriation for expenses __ for reroofing, etc., chapeL ________ _ for salaries, 1929 _______________ _ 638 934 1649 1686 appointment by Vice President of mid- shipmen to, authorized_________ 788 commissioned service of graduates com- puted from June 30 of academi:} course_______________________ 1557 no admission to, after March 21,1928, which would exceed four ap- pointments from each Senator, etc _________________________ _ service at large or from enlisted per- sonnel not affected __________ _ no admi!lsion to, after January 30,1929, which would exceed four ap- pointments from each Senator, 632 633 etc__________________________ 1461 service at large or from enlisted per- sonnel not affected____________ 1461 reinstatement of Larry Cardwell in, authorized_ _ __________ _______ 1014 Naval and Military Compensation, Vet- erans' Bureau, appropriation for death or disability payments_________________ 588,1246 Emergency Office!'»' Retired Lists iBcluded_____________________ 1246 Naval and Military Inaurance, Veterana' Pa&<!. Bureau, appropriation for, accruing during the year _____________________ 588,1247 Naval AUach~8, appropriation for expenses _________ 624,1452 Naval Communications, Office of Director a.pproption for civilian personnel, Navy Department _________ 642,1470 Naval Compensation, Veterans' Bureau, Military and, appropriation for death or disability payments_________________ 588, 1246 deficiency appropriation for _ _ ________ 7 additional from unexpended bal- ances for designated objects____ 7 Naval Establishment (see also Navy), appropriation for major alterations to "Oklahoma" and "Nevada"___ 640 for construction and machinery of vessels heretofore authorized_ 640, 1468 amount available for the second of the five light cruisers__________ 1468 sums available for technical serv- ices, plans, etc________________ 1469 for armor, armament, and ammuni- tion ______________________ 641, 1469 amount available for first five light cruisers__ ____ ____ _ ____ ___ ____ 1469 additional equipment of navy yards and ordnance establishments for construction of ships__________ 1469 deficiency appropriation for additional amount for construction and machinery ____ ___ ____ _____ ___ 25 for modernizing "Oklahoma" and "Nevada"__ ______ ____ ___ ___ _ 25 for construction and machinery plans, etc________. _____ ______ ________ 909 for scrapping naval vessels_________ 1621 for e!nizi~f "Pennsylvania" and Arizona ___________________ 1648 Naval Home, Philadelphia, Pa., appropriation for employees _______ 628,1456 for maintenance ____. . __ __ __ _ __ _ 628,1457 deficiency appropriation for pay, 1929_ 1686 Naval InteUigence, Office of Chief of, appropriation for civilian personnel, Navy Department _________ 642,1470 Naval Medical School, D. C., appropriation for civil establishment, expenses,etc _________________ 1462 Naval Militia, appropriation for maintenance, etc., oL _______________________ 627,1455 NavalOb8ervatory, appropriation for civilian personneL 642, 1470 for miscellaneous computations, books, apparatus, etc _______ 644,1472 for repairs to buildings_ _ __________ 644 for miscellaneous expenses, supplies, etc__________________________ 644 deficiency appropriation for repairs, etc__________________________ 25 for salaries, 1929__________________ 1686 Naval Oil Leaaes Suit8, counsel of, removed from prohibition against acting as attorney before departmlmts, etc______________ 1067 Naval Oil Reserves, deficiency appropriation for ex,penses of suits to cancel certainleases, etc_ 4, 1625 for establishing title to, in California_ 5, 1625

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text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/1937

 clxxxvi INDEX. Naflal O~, Ojfiu 0/ ClUJ 0/, P .... appropriation for civilian personnel, Navy Department_________ 642, 1470 N oval Petroleum RUllrIIu, jurisdiction over, transferred from Sec- retary of the Interior to Secre- tary of Navy_________________ 148 Naval Recorda and Li.brary, appropriation for civilian personnel, office oL _________________ 641,1470 for preparin~, etc., naval records of War WIth Central Powers of ~pe ___________________ 64~ 1 470 Naflal RUerv6 Officera' Training Corp" appropriation for supplies ________ 627,1455 for expenses, instruction camps and schools on ships____________ 628,1456 commutation of travel, subsist- ence, etc__________________ 628, 1456 medical attendance, etc., if in- jured in line of duty; burial ex- penses ___________________ 628,1456 uniforms, etc., from Navy stocks__ 628,1456 price current to govern payments therefor___________________ 628,1451 forpublicprintingandbindingfor_ 643,1471 N(JIJal Ruervu, appropriation for expenses of organiz- ing;etc ___________________ 627,1455 for pay, etc., on active training duty_ 627, 1455 for mileage to officers; transportation, etc., to enlisted men _______ 627,1455 for subsistence, Fleet Naval Reserve, on duty without pay__________ 1455 for pay, etc., Fleet Naval Reserve, on active duty _______________ 627,1455 additional, for aviation material, expenses,etc______________ 627,1455 mainnce of vessels assigned for trammg_____________________ 1455 for procuring supplies, etc_ _ _ _ _ ____ 627 for subsistence___________________ 632 deficiency appropriation for organiz- ing______________ 42,44,47,934,1618 milesge to be paid former officers of, for travel to their homes, when re- leased from active duty, etc., at other places__________________ 1556 applicable only to releases prior to July 1, 1922__________________ 1556 retainer pay claims accruing prior to July 1, 1925, to be filed within oneyesr_____________________ 1090 no payment for uniform gratuity accru- ing subsequent to July 1, 1925, unless claim filed within three years from the quarter in which accrued______________________ 1090 NalJalSloru, appropriation for investigating grad- ing,handling, etc., of_______ fl57,1207 NavalStorea Act, appropriation for executing _______ 566,1218 Naval Training Stationa, appro{)riation for California_______ 627, 1455 for Rhode Island ______________ 627,1455 for Great Lakes _______________ 627,1455 for Hampton Roads, Va ________ 627,1455 clerical, etc.,serviees_________ 627,1455 deficiency app~'priation for California_ 934 Naval War College, COO8WS Harbor Island, R. I., appropriation for maintenance, etc_ 628, 1456 Nafligable Streama, etc., Pap. appropriation for investigating pollu- tion oL __________________ 175,1040 N 4f1igable W «Urs, deficiency appropriation for Conference on prevention of oil pollution of. 1652 N4f1igation (a66 alao Shipping), lights required of vessels on the Great Lakes,etc___________________ 1404 N ovigation Bureau, Department 0/ Com- merce, appropriation for Commissioner, and office personneL ____________ 89,1120 for admeasurement of vessels_____ 90,1120 for motor boats, etc., to enforce navigation laws_____________ 90,1120 for preventing overcrowding of pas- senger vessels ______________ 90,1121 for shipping commissioners _______ 90,1121 for contingent expenses __________ 90,1121 deficiency appropriation for enforcing WIreless communication laws; balance reappro{lriated _______ _ for expenses of RadIO Act of 1927; reappropriation ______________ _ for shipping service ______________ _ for salaries, 1929, under ___________ _ Navigation Bureau, Navy (see Bureau of Navigation, Navy). N afligation LaW8, appropriation for motor boats, etc., to 16 16 1636 1679 enforce ____________________ 90,1120 Navigation on Great Lake8, etc. provisions for lights requg on vessels, modified_____________________ 592 Navy (866 also Navy Department), appropriation for pay, miscellaneous__ 624, 1452 delegates to International Research Council______________________ 624 delegate to International Hydro- graphic Conference_ _____ _____ _ 624 intermittent employment of ex- perts, etc_________________ 624, 1452 patrol duty of officers and mid- shipmen abroad ___________ 624,1452 advertisin~, etc______________ 624, 1452 collecting mformation, etc ____ 624, 1452 interned prisoners of war, etc __ 624, 1452 damages claimB ______________ 624,14S2 restrictions on use at naval dis- tricts_____________________ 624,1452 limit, clerical, etc., services at yards and stations _________ 624,1452 for contingent _________________ 625,1453 for expenses, Government for Virgin Islands ___________________ 625, 1453 hurricane injuries to public works_ 1453 additional, from specified sources_ 625, 1453 allegiance requirements_ ____ __ 625, 1453 for marine schools, New York, Mas- sachusetts, and Pennsylvania_ 625,1453 for care of lepers, etc., Guam, and Culion ___________________ 625, 1453 for research laboratory _________ 625, 1453 temporary employment of civilian scientists, etc______________ 625,1453 for Bureau of Navigation, recreation for enlisted men ___________ 626,1454 for contingenL ________________ 626,1454 for gunnery and engineering ex- ercises, etc ________________ 626, 1454 for equipment supplies, instruments, etc_______________________ 626.1454

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text: Talk:United States v. Osio

title: Talk:United States v. Osio


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/1938

 INDEX. clxxxvii Navy-Continued. Pap. appropriation for OCE' .a.n and lake sur- veys______________________ 626, 1455 clerical, ete., services _________ 626, 1455 for training stations____________ 627, 1455 for Naval Reserve _____________ 627,1455 pay, allowances, etc., while train- ing ______________________ 627,1455 aviation expenses ________________ 1455 for Naval Reserve Officers' Training Corps ____________________ 627,1455 for Naval WarCollege_________ 627,1456 for Naval Home _______________ 628,1456 for Bureau of Engineering, repairs, etc., of machinery, etc______ 629, 1457 equipment supplies __________ 629, 1457 clerical, etc., services _________ 629,1457 for engineering experiment station, Naval Acadell!Y ___________ 629, 1458 for Bureau of Construction and Repair, construction, etc____ 629,1458 equipment supplies __________ 630, 1458 clerical, ete., services _________ 630,1458 for Bureau of Ordnance, ordnance and ordnance stores ________ 630, 1458 plant appliances _____________ 630,1458 schools at ordnance stations ___ 631, 1459 chemical, etc., services _______ 631,1459 for smokeless powder___________ 631,1459 for torpedoes, etc ______________ 631, 1459 for Bureau of Supplies and Accounts, pay of officers _____________ 631,1459 forrentalallowances____________ 631,1459 forsubsistenceallowances _______ 631,1459 for officers onretiredlist________ 631,1459 for hire of quarters_____________ 631,1459 for enlisted men _______________ 631,1459 foroutfits,clothing,etc _________ 631,1459 for machinists, apprentice seamen, etc_______________________ 631, 1460 for Nurse Corps _______________ 631,1460 for Fleet Naval Reservists_______ 631,1460 for property }osses _____________ 631,1460 for death gratuity______________ 631,1460 for subsistence _________________ 631,1460 for transportation ______________ 631, 1460 for recruiting, etc______________ 632,1460 "pay, subsistence, and t::-ansporta- tion" constituted one fund __ 632,1461 additional medical personnel for Veterans' Bureau patients in naval hospitals ____________ 632,1461 midshipmen; restriction on ap- pointments; number increased _________________________ 632,1461 for maintenance, equipage, supplies, etc_______________________ 633,1461 civilian employes____________ 633,1461 freight, Department and Navy _ 633, 1461 limitation on chemical, clerical, ete., services ______________ 633,1461 issues of clothing, etc., Naval Re- serves, charged to "clothing and small stores fund" _________ 633,1461 cost of printing Federal standard stock catalogue charged to "Na- val Supply Account Fund"_____ 1461 clothing manufacture, from Gov- ernment materials, authorized. __ 633 for fuel, etc ___________________ 633,1461 issues charged to appropriations applicable_________________ 633,1461 prices forfuel on hand, ete_____ 633, 1461 for reserve fuel oiL _________________ 1462 issue of, upon approval of the Presi- dent_________________________ 1462 • Navy-Continued. appropriation for Bureau of Medicine and Surgery, surgeon's neces- saries _____________________ 633, 1462 for contingent _________________ 634, 1462 care of insane on Pacifio Coast__ 634, 1462 clerical, etc., services__ ________ 634, 1462 for care of the dead _____________ 634, 1462 bringing home remains of officers, ete_______________________ 634, 1462 for Bureau of Yards and Docks, maintenance ______________ 634,1463 motor vehicles _______________ 634, 1463 for contingenL ________________ 635,1463 for publio works, at yards, stations, ete_______________________ 635, 1463 for Bureau of Aeronautics, aviation expenses __________________ 636, 1465 allotmentsdesignated. ______ __ 63 6,1465 technical, etc., services_ _______ 636, 1465 newconstruction_____________ 637,1465 incurredobligations __________ 637,1465 rigid airship; contracts_______ 637,1465 shore stations limited tosix ____ 637,1465 construction of airplane factory forbidden _________________ 637,1465 payment for aircraft damages to _private property___________ 637, 1465 for Naval Academy _____________ 637, 1465 for Marine Corps______________ 638, 1466 for Marine Corps Reserve _______ 639, 1468 for modernizing "Oklahoma" and "Nevada"________________ 640,1468 for increase of the Navy_________ 640,1468 for construction and machinery of vessels heretofore authorized_ 640, 1468 amount available for construction of the second five light cruisers_ _ 1468 transfers from naval supply fund, fiscal year 1930_______________ 1469 sums available for technical serv- ices, purchase of plans, addi- tional clerks, etc______________ 1469 for armor, armament, and ammuni- tion ______________________ 641,1469 amount available for construction of the first five light cruisers___ __ 1469 sum for additional machines and equipment at ordna. 'ce estab- lishments____________________ 1469 for additional equipment, etc., of navy yards and ordnance estab- lishments_ ___________________ 1469 obligations authorized in addition_ 1469 purchase of equipment patents, etc_______________________ 641,1469 use for Department expenses for- bidden____________________ 641, 1469 details to Bureau of Navigation, naval dispensary, and radio service, allowed ___________ 641,1469 no pay to officer, etc., using time- measuring device on work of employee _________________ 641,1469 cash rewards, etc., limited_ ____ 641, 1469 restriction on repairs, equipment, etc., of vessels, machinery, ete., at other than navy yards, or arsenals___________________ 641,1469 construction, etc., of first and alternate cruisers to be at Gov- ernment yards, factories, ete___ _ for Department salaries and expeDBes_ 1470 641, 1470 for pensions ___________________ 226,1588 for printing and binding for ______ 643, 1471

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