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Page:United States Statutes at Large Volume 45 Part 1.djvu/1963

 .. ccxu INDEX. Portland Water Di8trict, Me., water pipe line, etc., of Fort McKinley, Pap. authorized to be conveyed to___ 699 Porto Rican Hurricane Relief Commi8sion, deficiency appropriation for making loans to individual agricultur- ists, etc., in Porto Rico________ 1609 for .reb~il~n~,etc., schoolhouses; repamng lD·mlar roads, ete_____ 1609 for purchase, etc., seeds and seedlings_ 1609 for administrative expenses _ ____ ___ 1609 for expenses __ .-;~-- 1627 created; compositIOn (l.______________ 1068 to assist in rehabilitation of agriculture, repairing schools and roads, etc_ 1068 no compensation for services_ _ ____ _ 1068 to appoint secretary and other assistants and fix compensation thereof ___ 1068 cooperation of personnel of depart- ments, insular authorities, etc., may be utilized____ ___________ 1068 sum authorized for administrative expenses_____________________ 1068 loans to individual agriculturists_____ 1068 agreement for use to be prescribed; limit, etc____________________ _ rate and payment of interest ______ _ sum authorized; available periods __ _ 1068 1068 1069 repavments received during five years 'to be a revolving fund__ __ ____ _ 1069 thereafter to be covered into the Treasury_____________________ 1069 sum authorized for repairing, etc., damagedschoolhouses, roads, etc_ 1069 expended as approved by the com- mission______________________ 1069 sum authorized for purc!lase and dis- tribution of seeds and seedlings; particularly food and root crops_ 1069 annual reports of activities to Congress_ 1069 Porto Rico, appropriation for Resident Commis- sioner from _______________ 520, 1390 for expenses, Resident Commis- sioner __________________ .__ 520, 1390 for clerk hire, Resident Commis- sioner ____________________ 523, 1393 for relief, etc., of shipwreckei Ameri- can seamen in ______________ 68,1098 for district judge________________ 79,1110 fordistinctivemallequipmentfor_ 192,1055 for care of insane Porto Rican soldiers_ 340 for agricultural experiment stations in ________________________ 542, 1192 sale of produc~_; _________ -: _. 5 42,1192 deficiency appropriatIOn for repamn~, etc., hurricane damages tc agn- cultural experimentstatio!ls ~__ 1609 for hurricane damages, repairs lD, under Coast Survey___________ 1637 branch of Federal land bank may be established in________________ 1558 interest rate' term of loans limited_ _ 1558 commission cr:ated to assist in re~abil itating, from results of hurncane, 1928________________________ 1068 construction authorized of buildings, etc., military post of _ _ _ _______ 1301 contracts authorized for completion, etc., of customs buildings in ___ _ SanJuan _______________________ _ Ponca __________________________ _ Mayaguez ________ .. _______ - - -- - - - I1umacso____ - __________________ _ payment for, from duties collected__ 596 596 596 596 596 596 Porto Rico--Continued. Pap. reports of acts of legislature of, to be continued____________________ 1348 salaries fixed of justices of the supreme court of_____________________ 997 submission to CongreBS discontinued, of acts and resolutions of the Legislature__ _ _____ __ __ ____ ___ 996 taxpayers in, having enjoined collection of taxes by summary seizures, etc., to have collection decreed by action at law______________ 447 time limit for bringing suits________ 448 Porto Rico OccupaUon Medal, gratuitous issue of, to persons en- titled___ _______ ____ _____ _____ 500 Port8mouth, N. B., appropriation for navy yard, public works_______________________ 635 PQTtsmouth, Va., appropriation for pu~lic building______ 1043 deficiency appropriation for public building aL _____ ___ _____ __ ___ 923 Portugal, . appropriation for minister to _ ______ 65, 1096 Possessions of the United States (8ee also Income Tax, Revenue Act of 1928), groBS income of citizens, etc., deemed from sources within the United States_______________________ 850 if 80 per cent derived from sources within a possession of the United States_______________________ 850 if corporation derived 50 per cent from active business therein_ ___ 850 if citizen derived 50 per cent from active business therein_ _ _ _ _ _ __ 850 all amounts received in United States included in__ __ _____ _____ __ ___ 850 Virgin Islands not included 88_ _ ____ _ _ _ 850 citizens allowed same benefits of deduc- tions as nonresident aliens_ _ _ __ 850 domestic corporations allowed same benefits as foreign corporatioDs_ 850 credits against net income of citizens limited______________________ 850 domestic corporatioDs not allowed spe- cific credit of $3,000__ _________ 850 deductions and credits allowed by filing returns of total income_ _ _ _ ____ 850 no allowance for credit against tax of foreign countries, etc ___ _ _ _ ___ 851 corporations not deemed affiliated with other corporations________ 851 citizens of, not residents nor citizens of United States, taxable only • on income from United States sources _____________________ _ not applicable to Virgin Islands____ _ 851 851 Post AUowance8, FQTeign Service Officer8/ appropriation for, to meet livlDg costs ______________________ 69,1099 deficiency approeriation for _ __ ____ __ _ 48 P08t Exchanges, Mditary, appropriation for constructing, etc__ 329, 1352 for training camps, etc__________ 329,1352 Post Field, Okla., construction for Air Corps, authorized at___________________________ 749 Post Office Department (8ee also Postal Service), appropriation for Postmaster General, and office personneL _______ 186,1049

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text: Talk:William Sutton v. Bancroft/Opinion of the Court

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


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Page:United States Statutes at Large Volume 45 Part 1.djvu/1964

 INDEX. ccxiii Post Office Department-Continued. Page. appropriation for care, etc., Post Office Department buildings ______ 186, 1049 for salaries, Department bureaus and offices ____________________ 187,1049 for First Assistant Postmaster Gen- eral, and office personneL ___ 187,1049 for Second A88istant Postmaster Gen- eral, and office personneL ___ 187, 1049 fer Third Assistant Postmaster Gen- eral, and office personneL __ 187, 1049 for Fourth Assistant Postmaster Gen- eral, and office personneL ___ 187,1049 for Solicitor, and office personneL 187, 1049 for Chief Inspector, and office per- sonnel ____________________ 187,1049 for Purchasing Agent, and office per- sonnel ____________________ 187,1049 for Bureau of Accounts _________ 187,1049 for contingent expenses, stationery, etc________________________ 187,1049 for heating, lighting, etc ________ 187,1049 for telegraphing _______________ 187, 1049 formiscellaneousexpenses _______ 187,1049 attendance at meetings _______ 187,1050 for furniture and filing cabinets __ 187,1050 for printing and bindingfor _____ 187,1050 for reimbursing Gnvernmilnt Print- ing Office or Capitol Power Plant for heat, light, and power to city post office, Washington, D. C_ _ 187, 1050 field service appropriations not to be used for Department pur- poses _____________________ 187,1050 travel, etc., expenses of officials to be paid from services for which performed ________________ 187,1050 for field service ________________ 188,1050 for expenses under Postmaster Gen- eraL _____________________ 188,1050 for power, light, etc., equipment shops ____________________ 188, 1050 for cash rewards to employees for in- ventions, etc., benefiting the service ___________________ 188, 1050 additional to regular pay; use by the Government, etc _______ 188,1050 for transportation of equipment, sup- plies, etc__ _____ _____ _____ _ 188, 1050 for travel6.nd miscellaneous expenses Postmaster GeneraL _______ 188, 1050 for paying claims for, damages by operations of the postal service __ 188, 1051 for post officeinspectors _________ 188,1051 for traveling expenses, etc., of in- spectors, etc ______________ 188, 1051 for miscellaneous expenses_ _ _ _ __ 188, 1051 for clerks at division headquarters_ _ 188, 1051 for rewards, etc________________ 188,1051 for expenses under First A88istant POBtmaster GeneraL _______ 189,1051 for postmasters, etc____________ 189,1051 for assistant 'postmasters, first and second class offices _________ 189,1051 for clerks and employees, first and second class offices_ ________ 189, 1051 for watchmen, messengers, etc __ ____ 189 for contract station clerks _______ 189, 1051 for separating mails, third and fourth class offices _______________ 189, 1051 for unusual conditions __________ 189,1051 Post Office Department-Continued. Page. appropriation for clerks, third class offices _ ___________________ 189, 1051 for rent, light, and fU'ilL ________ 189, 1051 for miscellaneous, first and second class offices _______________ 189, 1051 for village delivery, second and third class offices, etc__ _____ ____ _ 189, 1052 for Detroit River Service _______ 198,1052- for carfare and bicycle allowance __ 189, 1052 for city delivery, carriers _______ 189, 1052 for special delivery fees _________ 189, 1052 for pneuml',tic tube service in New YorkandBrooklyn ________ 189,1052 in Boston, Ma88., rentaL _____ 189,1052 for vehicle allowance, etc.; wagon service ____________________ 189,1052 garage leases ________________ 189,1052 maintenance of garage at Washing- ton, D. C _________________ 189,1052 purchase, etc., of tractors and trail- er trucks _________________ 190, 1052 for travel and miscellaneous, First Assistant Postmaster GeneraL__ 190, 1052 for expenses under Second A88istant Postmaster GeneraL _______ 190, 1052 for star route transportation in Alaska ___________________ 190, 1052 for steamboat, etc., routes ______ 190, 1052 for railroad routes and messenger service ___________________ 19G,1052 special freight train arrangements_ 190, 1052 accounting for mail messenger service ___________________ 190, 1052 clerical assistance on space basis rate computation and cost ascer- tainment _________________ 190,1052 for Railway Mail Service _______ 190, 1052 for travel allowances, etc _______ 190, 1053 for expenses, etc., away from head- quarters __________________ 190,1053 for miscellaneous _______________ 190,1053 arms, etc., for mail protection; rent, terminal offices _ _ _____ 190, 1053 for electric and cable car service_ 190, 1053 for foreign mail" iiransportation __ 190, 1053 amount for .. ;I'craft service ____ 190,1053 maintaining sea post service ___ 190,1053 assistant superintendent, New York City ________________ 191,1053 delegates to London Universal Pos- tal Congress__________________ 191 for balances due foreign countries 191, 1053 for travel and miscellaneous, Second A88istant Postmaster General___ 191, 1053 for contract inland aircraft mail transportation _____________ 191, 1053 supervisory officials, etc., at air mail transfer points ________ 191,1053 for indemnity, lost international mail_ 1053 for expenses under Third A88istant Postmaster General_ _______ 191, 1053 for postage sta.nps, stamped enve- lopes, etc.; postal cards_____ 191,1053 for distribution of stamped envelopes, etc_______________________ 191, 1053 for indemnity, lost domestic regis- tered, insured, and collect on de- livery, maiL ______________ 191,1053 for travel and miscellaneous, Third ABBistant Postmastar GeneraL lQl, 1054

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Page:United States Statutes at Large Volume 45 Part 1.djvu/1965

 · CCxlV INDEX. POllt Office Department-Continued. Pap. appropriation for expenses under Fourth Assistant Postmaster GeneraL __________________ 191,1054 for stationeryA etc.; supplies for Postal Savings ~ystem ____________ 191,1054 for miscellaneous office supplies, etc__ 191, 1054 for post route and rural delivery maps; sales,etc __________________ 192,1054 for equipment and furniture for post office quarters _____________ 192. 1054 for twine and tying devices ______ 192,1054 for shipment of sup,Plies _________ 192, 1054 for canceling machmes, etc______ 192,1054 for labor saving devices, etc______ 192, 1054 traveling mechanicians _______ 192, 1054 for mail bags, locks, keys, etc.; equipment shops expenses, labor, etc____________________ .. __ 192, 1054 distinctivt) equipments, depart- ments, for Alaska, etc ______ 192, 1055 for star routes, except in Alaska__ 192, 1055 for Rural Delivery Service ______ 192, 1055 for tl'avel and miscellaneous, Fourth Assistant POBtmaster General__ _ 192, 1055 for supplying deficiencies_ _ _ __ __ 192, 1055 civilian field employees of executive departments to be paid adjusted compensation________________ _ quarters, Bubsistence, etc., to be furnished civilians of depart- ments, etc., in field service, from appropriations for 1929 _______ _ travel expenses of civilians of de- partments, etc., authorized, when transferred from one official sta- 193 193 tion to another_______________ 1055 limitation on automobile upkeep, etc_______________________ 193,1055 deficiency appropriation for postal service____ 26,43,45,50,909,936,938, 1611, 1620, 1622, 1650, 167~ 1674 for W. F . Morgareidge, 1088 of postage stamps______________________ 27 for judgments, Courtof Claims under _ 932 fordamagesclaims ____________ 1611,1649 for salaries, office of Second Assistant Postmaster General___________ 1611 for contingent expenses__ _ ______ ____ 1620 for Washington City post office, elevator installation __________ _ for field service __________________ _ for salaries, 1929, postal service __ _ submission to Congress discontinued, of report of property inventor- ies, etc ____________________ _ claims of postmasters for losses _____ _ unusual conditions _______________ _ cost of franked mail_______________ _ finances for preceding year_________ _ contingent expenses ______________ _ cost of connecting telegraph and tel- 1649 1650 1686 990 990 990 990 990 990 ephone syskm__ _ ___ __ ________ 990 POllt Ojfice Depat~ment Buildingll, D. C., appropriation t'or care, etc., oL _____ 186, 1049 P08t Office impectorll, appropriation for Chief Inspector, and DepartmentofficepersonneL 181,1049 for salaries ____________________ 188, 1051 for traveling expenses __________ 188, 1051 forexpenBes,divisionheadquarters_ 188, 1051 for clerksat division beadquarters_ 188, 1051 POll' Office Inllpector-Continued. p.... appropriation for rewards, etc.; rates limited _____ _______ ____ __ _ 188. 1051 for securing information, etc _____ 189,1051 deficiency appropriation for rewards, etc_________________________ 26,909 for traveling expenses_ _ _ _ ____ ___ __ 910 Post Offices, appropriation for postmasters_ _ __ __ 189, 1051 for rent, light, etc., to fourth class ___ 1051 for assistant postmasters, first and second class _______________ 189, 1051 for clerks and employees, first and second clasa _______________ 189,1051 for watchmen, messengers, etc_______ 189 for contract station clerks _______ 189,1051 for sTarmstroBot (talk)tTarmstroBot (talk)_TarmstroBot (talk),_i_TarmstroBot (talk)!TarmstroBot (talk)9, 1051 for unusual conditions __________ 189,1051 for clerical services, third class ____ 189, 1051 for rent, light and fuel for first, second, and third class_________ _ 189, 1051 for miscellaneous items, first and second class ________. __ _ _ _ _ 189,1051 for city delivery carriers ________ 189, 1052 deficiency appropriation for postmasters. 26, 45,50,910,936,1620,1650,1672 for clerks, contractstations_____ 43,50,936 for rent, light, and fueL __________ 43,45, 50,936,1620,1672 for city delivery ____________ 50, 936, 1620 for clerks, first and second class___ 50, 1620, 1673 for clerks, third class. _ _ ____ _ ____ __ 50 for miscellaneous items first and sccondclass_______ 50,936,1620,1672 for separating mails_ _____ ____ ___ __ 50 for assistant postmasters ________ 936,1620 for messenger service___________ 936,1620 for unusual conditions __________ 936,1673 for temporary, etc., clerkhire __ 1611,1620 for equipment and supplies_ _ _ ______ 1620 revenue stamps to be kept for sale at, in cities of over 25,000 inhabit- ants_________________________ 867 bond and accountability of postmas- ters for______________________ 868 monthly returns of coUections 'i;o be made to the Treasury _ _ _ __ ____ 868 Post Route, etc., Maps, appropriation for preparing, etc.; sales_ 192, 1054 POlltal Carda, appropriation for manufacture, etc___ 191, 1053 P08tal Congr638, Universal, London, appropriation for expenses of dele- Postal oleTarmstroBot (talk)-- --- -- 191 poisonst poisonous animals, explosives, aisease germs, etc., nonmailabie_ 1072 transmission permitted of articles not outwardly dangerous to life, etc_ 1072 limitation on shipments from manu- facturers to licensed physicians, etc______________ ~__________ 1072 intoxicating liquors nonmailable_ ___ 1072 punishment for unauthorized mail- ing, etc., of prohibited articles_ _ 1072 mailing articles with injurious in- tent________________________ 1072 Postal Savings SY8tem, appropriation for supplies; bond ex- penses ___. . ______ _______ __ 191,1054

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text:
United States v. Pico (64 U.S. 321)

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

The nature of the claim is stated in the opinion of the court.

The case was argued by Mr. Stanton for the United States, and by Mr. Gillet for the appellee, upon a brief filed by himself, and adopting also a printed argument by Messrs. Stanly and King.

The points made by Mr. Stanton were the following:

1. There was no petition to the Governor soliciting the land agreeably to the regulations of 1828.

2. The marginal decree made by Pico upon the 11th of June, 1846, was not a grant, and does not profess to be a grant.

3. The grant itself, which is dated on the 20th July, 1846, was after the conquest of the country by the American arms, and when the Mexican authorities had been entirely displaced and expelled.

4. There being no record evidence of the grant, there could be no legal title in the grantee.

Upon the third point, Mr. Stanton said that the Governor had no power over this land when the grant purports to have been made. It was fifty miles north of Monterey, where his power was destroyed.

Senate Documents, vol. 1, page 653, of 2d session Twenty-ninth Congress.

On the 9th of July, the flag of the United States was flying at Sonoma, and on the 11th, at every place north of Los Angeles. Suppose Pico had transferred a county to England. There is a grant of two hundred square leagues conferred by the Departmental Assembly on 24th July. There was no more power in the one case than in the other.

Mr. Gillet made many points with regard to the title, which there is not room to insert. With respect to the date of it, he contended that it became operative on the 11th of June, when an equitable title was vested in the grantee. His tenth point was as follows:

10. If the paper dated the 20th of July, 1846, at Los Angeles, is held to be the origin of the title, such title is valid, and no way affected by the American forces taking possession of Monterey only thirteen days previous thereto.

Monterey is on the Pacific coast, from one to two hundred miles southerly of San Francisco, and near that distance southwest of the grant in question, and about four hundred miles northerly of Los Angeles. The Costa mountains are between Monterey and Los Calaveras, the latter being to the northeast of the great marshes on the San Joaquin, and near the Sierra Nevada. On the 20th of July, 1846, the American forces had possession of no portion of California east of the Costa mountains nor south of Monterey. In neither was the authority of the United States exerted or recognised. The people and those in authority had not even heard of the war, and both might and doubtless did think it a re-enactment of the Commodore Jones affair, long years since, at Monterey, which was not approved by our Government. The only war that they knew of was a civil war, which had been carried on a couple of months, under the 'bear flag' on one side, and Castro on the other. The California Government was going on as usual, without the least apprehension of a conflict of arms with the United States. All branches of the Government were performing their usual functions, both at the capital, at Los Angeles, and elsewhere, except at Monterey and the bay of San Francisco, where there were vessels of war. There is no evidence that there was a soldier in the field at the time, when a limited number of marines and sailors constituted the whole force, prior to the arrival of General Kearney from New Mexico, long afterwards. There was no order from Sloat or his successors, suspending the functions of the Mexican officials, or notifying them that their acts would not be recognised. They were not apprized that a conquest was contemplated, or a purchase desired or intended; and there is no evidence that the United States contemplated such conquest.

Under such circumstances, the acts of the Mexican authorities, at a distance from the places occupied by the American forces, and at points where they did not attempt to control, must be as valid and effectual as at any anterior period. The former laws remained in force, and these authorized the Governor to make grants. These laws were not annulled, nor others made in their place; the former officials were not removed, nor others substituted. If the old laws were changed, by whom, when, and how, were they changed? Except at the points where the American forces were in actual possession, everything remained as theretofore. Justice was administered by Mexican officials in all parts of the Territory, except in the few places where the Americans actually occupied the place, and appointed others to perform that duty. And it has not been shown that one such appointment was made, and notice thereof given, before the 20th of July.

Under these circumstances, both the Mexican officials, and those doing business with them, had a right to believe that the powers of the one and the rights of the other remained the same. The attempt to change either without giving formal notice, so that both could understand, would be springing upon them a law or rule of action of which they had no knowledge, and no means of acquiring it, and for the reason that the law or rule was made after the occurrence to which it applied.

The political branch of the Government having fixed the date of the acquisition of California, this court cannot alter it, or fix one for itself. That branch fixed the date of the American acquisition on the 2d of February, 1848, and agreed to protect those who had previously acquired rights under Mexico, not excepting those dated after the 7th of July, 1846.

The title of the United States to lands in California dates, not from the commencement of hostilities, but from the date of the treaty by which we acquired them.

[The argument upon this point is omitted for want of room.]

Mr. Justice CAMPBELL delivered the opinion of the court.

title: United States v. Pico (64 U.S. 321)


text: Talk:United States v. Pico (64 U.S. 321)


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/1966

 INDEX. ccxv Po&tal SenJice (see also Post Office Depart- Page. ment), appropriation tor Department salaries and expenses ______________ 186,1049 for care, etc., Department buildings__ 186, . 1049 for field servlce ________________ 188,1050 deficiency appropriation for damages claims ____________ 26,909,1620 1672 for transportation of equipment ___ 26,936, f 1620, 1650, 1670 or postmasters ________________ 26,43 45 59,910,936, 162~ 1650, 1672 for rewards, etc_____________ 26,909,1650 for teml?orary.city delivery carriers_ _ 26 fvr special debvery fees __ 26, 50, 1620 1650 for pneumatic tube service, New' Y<?rk and Brooklyn, N. Y _ __ _ 26 for railway postal clerks, travel allowance____________________ 26 for balances due foreign countries for prior designated years_ __ __ _ 27 for balances due foreign countries_ _ 27, 5~936 93~ 1620, 1672 for interest on amounts due Nor- way, Sweden, and Denmark____ 27 for contract air mail service ___ 27,43,1650 for clerks, contract stations_ _ _ _ ____ 43, 50 for indemnities, domestic maiL ___ _ 43, 45, 50,936,938, 162~ 1622! 1672,1674 for indemnities, international malL_ 43,45, 5~936,938, 1620, 167~ 1674 for indemnities, internal;ional regis- tered maiL_ 936,938,1620,1622,1672 formessengerservice_ 43,50,936,1620 1672 for rent, light, and fueL ___________ 43,45, 50, 936, 1620, 1622, 1672 for separating mails __________ 43,50,1620 for shipment of supplies- _ _ __ __ __ _ 43, 50,936,1620,1672 for city delh-ery, carriers __ 45,50,936, 1620 for vehicle serVlce __ 45,50,1620,1622,1672 for airplane service, New York and san Francisco________________ 50 for clerks, first and second class offices ____________ 50,936,1620,1672 for miscellaneous items, first and second class offices_ 50,936, 1620, 1672 for personal property damage claims_ 50 for power boat service_____________ 50 for railroad routes. ______________ 50,936, 1620, 1622, 1650, 1672, 1674 for Railway Mail Service_________ 50, 910,1620,2650 for Rural Delivery Service _ ______ 50, 910, 936, 938, 1620, 1650 for star routes_______________ 50,910,936 for post office iDRpectors_ _ __ __ _____ 910 for forei~ mail transportation- 910, 1620, 1650 for assistant postmasters.. ______ _ 9 3 6, 1620 forsupplies _______________ 936,1620,1672 for unusual conditions __________ 936, 1673 for village delivery _____________ 936,1620 for temporary, etc., clerk hire_____ _ 1611 for in!and contract mail transporta- tlOn_________________________ 1611 for rural delivery carriers, etc__ 1611,1622 forlabor-savingdevices ________ 1620,1672 for temporary clerks______________ 1620 for clerks, third class offices________ 1672 for e~uipment and supplies_ _______ 1672 for sa aries, 1929__________________ 1686 air mail postage rates reduced________ 594 54835°-29-PT 1-124 Postal Service-Continued. air mail; issue of air mail route certifi- cates to centractors_____ - - - - __ amount increased of personal services for mail b&Ks, etc., 1928_ - - -- __ annual report by Postmaster General of claims of postmasters fo; losses t repealed_ - ____________ _ collect-on-delivery service extended to all sealed domestic mail bearing postage at first class-rate _____ _ community mail boxes m~y be pur- chased for rural mail routes ___ _ rental to patrons of rural service___ _ cost p!,y~ble rural delivery appro- pnatlOns--- ________________ _ compensation for transportation of for- . ~ign.mails in American vessels __ lD orelgn vessels ______________ _ authority not limited of contracts for carryinjt mails under Mer- chant Manne Act of 1928, at rates therein authorized ______ _ correspondence of Pan American diplo- matic representatives in Umted States to be transmitted free in domestic mails.__________ _ official, of consuls, to have same pri~: ilege _______________________ _ extra pay to employees for night work_ leaves of absence of 15 days granted employees--- ________________ _ cumulative sick leave extended to six '1 months; limitation___________ _ mal messengers, etc., may be em- ployed in & dual capacity, or for extra duties; double pay re- strictions waived ____________ _ postmasters allowed credit in accounts for payments to mail messenger etc., contrary to double pay re! strictions, etc ________________ _ to be refunded amounts paid or deducted from balances due to
 * ~em, uncer double pay restric-

IOns, etc __________________ _ motor-vehicle s.ervice clerks and l!eneriI ~echanlcs, after one year 8 serv- Ice, promoted to next higher . grade; credit for prior service__ _ III promotlOl!S, employees transferred to another office given credit for service in the other __________ _ effective as of January 1, 1925___ _ payment of annual premium on surety bond accepted as & renewal thereof. ________ _ Railway Ma~l Service, cle;k;:etc~;m~y be asslgued to temporary service as Bubst1tute sea post clerks service ct:Cdit and pay authorized~== rate on private mailing cards at one . cent each___________________ _ bUSiness reply cards and envelopes &0- cepte4 without prepayment, in quantity, at regular rates additlO~al charge to be collect;d-o~ crediTarmstroBot (talk) 01:30, 25 September 2010 (UTC)d-fir;i;Se""c~"iId~-Md-thi;J ~?:~:tCrlh-~f~-~ffi=== = denCient first cl88s matter with one . r!'te prepaid, to be forwarded__ _ additlo~al charges to be collected on delivery ____________________ _ 594 27 971 1177 985 985 985 1175 1175 1175 1177 1177 725 595 595 1441 1442 1442 1251 1251 1251 24 1175 1175 940 940 940 940 940 940 940

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text:
United States v. Pico (64 U.S. 321)/Opinion of the Court

The appellee, a Mexican by birth, obtained a decree of confirmation in the District Court for a parcel of land, known as Las Calaveras, containing eight square leagues, and situated in Tuolumne county, in California.

His testimony is an expediente, existing in the archives, in the custody of the surveyor general, from which it appears that the claimant presented, to the justice of the peace and military commandant at New Helvetia, a petition, representing that he desired to obtain a grant for the land described in his diseno; and, to expedite his purpose, he requested a favorable report. One was made, bearing date the 1st of May, 1846. A similar representation was made to the same officer in the district of Yerba Buena, who declined to act, because the place was not within his jurisdiction. The prefect of that portion of the Department certifies, on the 18th of May, 1846, to the capacity of the claimant, and that the land was vacant. The Governor, on the 11th of June, 1846, made an order for the issue of a titulo in form.

Here the expediente terminates; but the claimant produces from his custody a titulo, bearing date at Los Angeles, the 20th July, 1846.

To strengthen his case, he adduces the testimony of a witness, to the effect that the witness had built a house upon the land in 1847, and had occupied it as tenant from that date; that there were people who inhabited and cultivated the land for the claimant, and that before 1847 the disturbances in the country hindered any improvement or settlement.

This testimony is contradicted by a witness produced on the part of the United States, who testifies with precision, and seems to have had every opportunity of acquiring exact information. He says that he came to reside in the vicinity of the land in 1848, and that there had been no improvement or occupation of it, and that the cattle seen upon the land did not belong to the claimant; that he had never heard of a claim by the petitioner until 1853.

There are grave objections to the allowance of this claim. There is a departure from the regular and usual mode for securing lands under the colonization laws. There is some reason to believe that the Governor was not at Los Angeles at the date of the order; and there is a failure to show, in any satisfactory manner, any assertion of claim or title under it, until the presentation of the claim, in 1853, to the board of commissioners. The claimant is a kinsman of the Governor, and we should expect to find on the part of the Governor the most exact attention to the laws prescribing rules for his guidance under such circumstances. Besides, the titulo bears date of a day when the conquest of Upper California had been completed by the military occupation of Monterey, Sonoma, Bodega, Yerba Buena, and the region of the Sacramento and American rivers, by the forces of the United States.

The commandant in that portion of the Department was making a rapid retreat to Lower California, leaving the country to the control of the United States. From the capture of Monterey, on the 7th July, 1846, till the surrender of Los Angeles and the organization of a Territorial Government by Commodore Stockton, under the United States, there was scarcely six weeks. The Californian Government, for all practical purposes, was subverted by the capture of Monterey and the country north of it.

In the act of Congress of 1851, and the decisions of this court, that day is referred to as the epoch at which the power of the Governor of California, under the authority of Mexico, to alienate the public domain, terminated. Previously to that date, the claimant did not acquire a title to the land, nor has he acquired an equitable claim to it by any act done upon the land in the fulfilment of the colonization policy of the State.

Upon the whole case, our opinion is, that the appellee has not sustained the validity of his claim, and that the decree in his favor must be reversed, and his petition dismissed.


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Page:United States Statutes at Large Volume 45 Part 1.djvu/1967

 ccxvi P08tal Service-Continued. zone pound rates parable b)' publisher, etc., on portion of publications devoted to advertisemer,.ts ____ _ added rates where individual ad- dressed copies are ov ~r 32 ic a. pound______________________ _ transient seco~d class matter not sent by publisher, ek., at 1 cent for each 20unces________________ _ rate on third class matter up to eight ~unces______________________ _ acceptance without prepaid postage, quantities of separate'.y ad- dressed pieces in bulk, at pound rates_______________________ _ ra~ei for bl'oks, seed, etc________ _ mlDlIDum :t'at3~rpece- fourth class matter, weight and nrticles rate s~c_ piid:-expt-iib;.~y books _______________________ _ mailed at rural route offices for de- livery on route, city delivery for local delivery, etc____________ _ first zone delivery; extra distance charge______________________ _ second zone delivery; ext!'a dis- tance charge ________________ _ third zone dcJlivery ____ .__ __ __ __ _ _ fourth ZOI!.e delivery ____________ _ fifth zone deliver!______________ _ sixth zone delivery _____________ _ seventh zone delivery ___________ _ eighth zone aelivery, and between the Philippines and the United States_~ __________ ,-- -- --- --- lower rates when mailed on rural routes ______________________ _ authority of Postmaster General to reform classification ofrates, etc., of parcelp06~ articles _________ _ su~Ject to consent of Interstate Commerce Commission _______ _ special rat~B on books sent from pub- lic libraries etc., not organized for profit; limitation_________ _ evidence as to qualification of li- braries, etc__________________ _ special delivery of first class mail not over 2 pounds. with additional stamps; over 2 pounds with ad- rulilonal stamps______________ _ other than fin.t class, with special de- livery stamps to recelNe same treatme-lt as first class________ _ rates for immediate delivery of other than first class mail __________ _ payme~ts to ~essen~er, etc., for mak- 109 Spe'llal delivery ___________ _ denominations of special delivery stamps to be is8~ed __________ _ fourth class matter given first class treatment, with special handling stamps, or equivalent, with " Spec;al handling" on the wrap- per_________________________ _ additional stam.ps required; value based ':)0 welgbts_____________ _ appointment of director of parcel post authori1 __________________ _ effective date JUlY 1,1928___________ _ receipts authorized for mailing of any ordinary mail; fee to be pre- scribed _____________________ _ INDEX. paae. 940 941\ 941 I 941 Nl 941 941 941 942 942 942 942 942 942 942 942 942 942 942 942 943 943 943 943 943 943 944 9~4 944 944 944 944 1175 Postal Servic&-Continued. p .... receipts authorized for mailing; no Gov- ernment liability incurred by giving_______________________ 1175 registerec' mail, rates of indemnity fees, established. ___ ____ __ __ _______ 469 by de-;>a.rtments, ete., without pay- cent of fee___________________ 469 independent Government institu- tions, Washington, D. C., addcd_ 469 uniform system of registration, and in- demnityfor loss to be established_ 469 rent, light, etc., allowed fourth class postmasters_ ___ _________ ____ _ 724 salaries of mechanics' helpers in motor- vehicle service________________ 998 promotion, after one year's satisfac- tory service, to first grade of general or special mechanics____ 998 substitute clerks and letter carriers, when appointed to be regulars, given credit for actual time served______________________ 1405 substitute clerks, etc_, in motor vehicle service, when appointed to regu- lar statlls, given credit for actual substitute time served_________ 1016 ten-yew.: con~ract~ auth!'rized for for- eign Alr-mall servlce___________ 1449 transportation of mails between United States and foreign ports by any steamships required at the com- pensatioafixed by law_________ 1153 clearance withheld, etc., on refusaL _ 1153 vehicles may be hired from carriers for city delivery and collection serv- ice__________________________ 1252 P08tal Telegraph Company, deficiency apprQPriation for service, House of Representatives______ 881) POBtmalJter General, appropriation for, and office person- n~L _____________________ 186,1049 for care, etc., Department build- ings__ ~ ___________________ 186, 1049 for field service under__________ 186,1050 for power, light, etc., for equipment shops_____________________ 188,1050 for cash rewards for inventions, etc. ______________________ 188,1050 for transportation and delivery of equipment, etc ____________ 188, 1050 for travel and miscellaneous ex- penses_. __ .. ________________ 188,1050 for paying damages claims______ 188,1051 for in3pectors, etc ______________ 188,1051 for rewards, etc________________ 188, 1051 autborized to enter into ten-year con- tracts for air-mail service be- tween United States and posses- sions, and foreign countries. etc., bothways________________ 24 ~ 1 4 49 decision final. as to awards_______ 1450 sUJ:>Ject only to the President and Federal courts________________ 1450 hire vehicles from letter carriers for city delivery and collection_____ 1252 duties of, under provisions of Ocean Mail Se1'\-ice _______________ 692-696 requirement for report by, of claims of postmasters for losses, repealed_ 971 uniform system of registration and in- demnity for loss may be estab- lished by_____________________ 469

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text: Talk:United States v. Pico (64 U.S. 321)/Opinion of the Court


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/1968

 INDEX. ccxvii PostmGllter, Houae 01 Repre8etltatillu, PaJIII. appropriation for, 888istant, money order clerk, messengers, etc_ _ 523, 1393 for mail vehicles _______________ 523, 1393 PostmGllter, Senate, appropriation for, carriers, etc _____ 519,1389 P08tmGlltera, appropriation for compensation ______ 189, 1051 rent, light, etc., to fourth class___ _ 1051 for 888itltant, first and second class_ 189, 1051 for civil-service examinations of Prcs- identiaL __________________ 576, 1234 deficiency appropriation for compensa- tion ________________________ 26,43, 45, 50, 910, 936, 1620, 1650, 1672 allowance of rent, fuel, light, and equip- ment to fourth class___________ 724 authorized to employ m~il messengers and other employees in a dual capacity, or 888ign other duties_ 1441 double pay restrictions waived______ 1441 to be allowed credit for payments to mail messenger, etc., contrary to double pay restrictions, etc____ 1442 to pay mail messengers, etc., amounts refunded by them or deducted from balances due, under double pay restrictions, etc___________ 1442 PotGllh Depoaita, appropriation for explorations, tests, etc_______________________ 104, 1134 deficiency appropriation for methods of recovering___________________ 1634 for explorations, etc_ ______________ 1637 sum" authorized for developing im- proved methods of recovering potash from various_____ . _ __ _ _ 1248 Potatoes, appropriation for investigating diseases of___________________________ 550 Poteau, Okla., terms of court at____________________ 1518 Potomac Allenue SE., D. C., appropriation for paving, etc., E to Nineteenth Streets; from gaso- line tax fund_ ________________ 654 Potomac Park, D. C., appropriation for tourists' camp, East Park _____________________ 678,1295 for continuing sea wall construc- tion ______________________ 679,1295 for acquiring lands connecting Zoo- logical and Rock Creek Parks with _____________________ 680,1296 Potomac Riller, appropriation for constructing Arling- ton Memorial Bridge across_ 575, 1232 deficiency apPl'<?priation for recon- structing Chain Bridge, D. C . _ _ 8 bridge authorized across, at Great Falls, Va__________________________ 442 construction legalized of bridge across, at Paw Paw, W. Va_____ ---_ __ 1077 time extended for' bridgi~, from Dahl- ~dn:__ ~_a_~_ __ _TarmstroBot (talk)_fi5, 1322 at the Great Falls_ _______________ 1552 provisions for preserving, etc., the de- velopment of, between Rock Creek and above the Great Falls_ 1012 Pottawatomie Agency, Kans., appropriation for support, etc., of In- dians at __________________ 222,1583 Pottawatomie Indians 01 Wi8. and Mich., Paae. deficiency appropriation for payments, etc., from unexpended balances_ 901 unexpended balance of appropriation for purchase of allotments for, covered in___________________ 215 Pottawatomie Indians, Wis., payment authorized of unexpended bal- ances of treaty funds to________ 159 Pottery, appropriation for stUdying processes in manufacture 01. ____________ 91,1122 Poultry, appropriation for diffusing commercial information as t'l market prices, etc___________ .: ____________ 562,1212 provisions for pfeventing, etc.• conta- gious diseases of cattle, extended to live _______________________ _ 59 Poultry Congre8s, World'8 Fourth, deficiency appropriation for expenses of exhibit at____________________ 1635 Poultry Feeding and Breeding, appropriation for experiments in ___ 547,1197 Powell National Fore8t, Utah, lands excluded from, addeiJ. to Bryce Canyon National Park________ 147 rower Boat, etc., Routes, Postal Service, appropriation for mail transportation . by _______________________ 190,1052 deficiency appropriation for mail trans- portation by ________________ _ 50 Power Commislion, Federal, appropriation for expenses 01. _____ 579,1236 Prairie Dog8, appropriation for devising methods for destroying ________________ 559,1209 Predatory Wild Animals, appropriation for suppressing rabies in. _______________________ 559, 1209 cooperative program of eradicating, etc., to be considered by Secre- tary of Agriculture_____________ 559 Pre.,cott, Ariz., deficiency appropriation for public building at___________________ 1660 President 01 thll United States, appropriation for compensation____ 573,1230 for Secretary, and office personneL_ 573 for Secretary, two additlOnal secre- taries/ and office personneL____ 1230 for travelmg and entertainment ex- penses ___________________ 573,1230 for protection of the person 01.____ _ 78, 173, ma8, 1~08 for printing ascertainment of elec- toral votes .for, and Vice Presi- dent ________________________ _ 71 for emergency boards to investigate disJ.>utes between carriers and their emplorees______________ 1232 deficiency appropnation for expenses of suits to cancel lE.8.11e8 of oiliands, 4 etc.; reappropriation__________ _ for expenses of Joint Congressional Committee on inaugural cere- monies, March 4,1929________ 1608 for maintenanc~etc., of quarters for, at Mount weather, Va________ 1625 for expe~seB of suits to cancel leases of oil lands, etc.; balance reap- propriated___________________ 1625

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text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/1969

 ccxviii INDEX. Pruident oj the United Statu-Continued. l'ap. authorized and requested to invite Per- manent International Associa- tion of Road Congresses to hold sixth Bel!8ion in United States___ 378 authorized to accept gift from Cuba of monumental urn to be erected in Washington, D. C__________ 713 invitation to take part in Inter- national Dairy Congress, and appoint delegates thereto _ _____ 148 add adjacent timber stands to Yo- semite Park__________________ 1486 advance on list of cOIlllIlAllders of the Nav:r, Commander Albert Cush- ing Read, for completing first tram-Atlantic aeroplane flight__ 790 appoint George E. Kraul, captain of Infantry_____________________ 434 a civil engineer to serve on board for control of MissiSBippi River, etc., floods___________________ 534 three delegates to Twenty-third ~nte~national Congress of Amer- lcanmts______________________ 723 for meritorious services in salV&lre of ships "8-4" and "S-51)", Edward Ellsberg naval construc- tor with rank of commander, Naval Reserve_______________ 1228 R. E . Hawes, Chief Boatswain, Navy, to rank of ensign________ 1228 advance Lieutenant Henry Hart- ley, Navy, 35 numbers on list of ensigns_ ______________ ____ __ _ 1228 members of National Memorial CommiBBion, for erection of building 8.8 a tribute to achieve- ment of the negro in America___ 1699 Mount Rushmore National Me- morial Commission_ ____ ___ __ _ 1300 one member of Pulaski Sesqui- centennial CommiBBion ________ 1222 three members of Nashville Presi- dents' Plaza CommiBBion_ _ ____ 1020 Yellowstone National Park Boundary COmmiBBion________ 1413 aSBign personnel in connection with surveys, etc., for Inter-American Hi~hways ____________________ 1697 award, In the name of CongreSB, gold medals,tothe personI\elof thefirst successful trans-Atlantic flight in naval flying boat" Nc-4"__ _ 1158 cause investigation and survey to determine provisions for future shipping_ facilities by Panama Canal, Nicar~a Canal, etc____ 1539 confer with the GOvernors of Texas and New Mexico for negotia- tions as to acceptance of lands transferred to the States by decree of the Supreme Court_ __ 1445 if conference accepted, to formu- late and suggest compact for ratification_ ___ ___ ____ ______ _ 1445 confer with the Governors of Okla- homa and Texas for negotiations as to acceptance of lands trans- ferred to the States by decree of the Supreme Court_ __ ________ 1444 if conference accepted, to formu- late and suggest compact for ratification__ __ __ ____ __ __ ____ _ 1444 Pruident oj the Umted State--Continued. p .. .. authorized to have Canal Zone laws revised and codified_____ _______ 596 invite American Republics to attend conference of concillation and arbitration at Washington_____ 487 foreign ~vernments to attend in- ternatIOnal conference on civil aeronautics, at Washington, D. C________________________ 1011 foreign governments to send dele- gates to International Congress of Entomology ___ ____________ 482 Great Britain to participate in Hawaiian Islands Sesquicenten- nial_________________________ 247 States, and foreign countries to par- ticipate in International Petro- leum Exposition at Tulsa, Okla_ 788 foreign nations to _participate in Chicago World's Fair in 1933___ 1152 permit attendance of Marine Band at Confederate Veterans' Reun- ion, Charlotte, N. C ___ ___ ___ _ 1150 present Congressional medal of honor to Colonel Charles A. Lind- bergh, Army Air Corps Reserve, for nonstop airplane flight, New York to Paris_ __________ _____ 1 distinguished flying cross to Colonel Francesco de Pinedo_ 482 Dieudonne Coates and Joseph Le Brix__ ___ _____ _______ ___ 482 Ehrenfeld Gunther von H uena- feld, James C. FitzMaurice, and Hermann KoehL .. ____ ___ ___ 482 undertake construction of 15 light crutMlrs, and one aircraft car- rier_______________ ____ ____ __ _ 1165 construction suspended, if inter- national agreement concluded for further limitation of naval armament, which the President is requested to encourage_ _____ 1165 government of islands of eastern Samoa vested in_____________________ 1253 appointment of commiSBioners, in- cluding two chiefs of the islands, to recommend legislation for____ 1253 medical officer aSBigned to, allowed tem- porary rank, etc., of co;oneL___ 570 proclanlation ~y, to announce ratifica- tion of Colorado River compact by seven States_______________ 1058 by six Statesr including California___ 1058 provisions for uansmittal of the votes. of electors of, and Vice President_ 945 requested to designate May 1 as Child Labor Day___________________ 617 direct agencies of the Government to cooperate in promoting the con- struction of an inter-American highway_____________________ 490 negotiate treaties with foreign coun- tries, with which there is no such agreement, providing that natu- ralized Americans of foreign par- entage shall not be liable for militarr service thereof, during a stay In that country_________ 789 Pruidential Elections, electors of President and Vice President to meet the first Wednesday in January following appointment_ 945

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text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/1970

 INDEX. ccxix Presidential Electiom--Contlnued. Pap. certificate of appointment of electors to be mailed to Secretary of State of the United States, by State executives__ ___ ____ ____ __ _____ 946 six duplicates to the electors_ _ _ ____ 946 preservation for one year by the Secre- tary, and open for inspection___ 946 copies to Congress by the Secretary _ 946 six certificates of the votes of the elec- tors to be signed by them with lists, one of votes for the Presi- dent, and one of votes for the Vice President, annexed to the certificate from State executive_ _ 946 one to President of the Senate by registered mail________________ 946 two to secretary of state of the State; disposition_ _ _ ___ _______ 946 two on the day aftelj. to Secretary Stll;t~ of the united States; Q18posltton_ _______ ____ _______ 946 ODe to judge of the district in which electors met__ ________________ 946 it no certificate received by President of the Senate or Secretary of State, request to be made for one from secretary of state of the State_ _ 946 transmittal immediately of the same, by registered mail, to the Presi- dent of the Senate_ _ __________ 947 when no certificate of votes of any State received on fourth Wednes- day in Ja.nuary, special messen- ger to be sent for the certificate in custody of district judge_____ 947 to be transmitted by the messenger__ 947 Presidents' Plaza, NashiJiUe, Tenn., sum authorized for contributing to, &8 memorial to Andrew Jackson, James K. Polk, and Andrew Johnson, former Presidents of the United States_____________ 1020 Nashville Presidents' Plaza Commis- sion established_______________ 1020 composition_ ____ __ ____ __ ____ _____ 1020 contribution subject to equal amount from State, etc_______________ 1020 Presidio of San Francisco, Calil., deficiency appropriation for road con- struction___ _______ __ ____ _____ 927 amount authorized for roads through__ 484 construction of chapel authorized at___ 748 Presidio, Tex., bridge authorized across Rio Grande, between Ojinaga, Mexico, and__ 116 consent of Mexico required_________ 116 Pribilollslanda (see Alaska Fisheries). Price, Utah, appropriation for public building___ 181, 1043 Price, Walter L., deficiency appropriation for services aa clerk of conference minority____ 885 Priest Riller, Idaho, appropriation for graves of national forest fire fighters buried at- 553, 1203 Princeton, N. J ., deficiency appropriation for public building at___________________ 1661 Prison Camps (see Federal Prison Camps). Prison Commission, International, appropriation for annual contribution_ 71, 1101 Prisoners, etc., D. C., appropriation for support of jail___ 672, 1289 Prisoners, etc., D. C. -Continued. Pall!. deficie~c:r appropriation for support of lail_________________________ 1630 Prisoners 01 War, etc., appropriation for expenses of, under Navy Department_________ 624,1452 Prisoners, United States, appropriation for support, etc______ 83, Ill! for 1l1spection of, and prisons _____ 83,1114 deficiency appropriation for support___ 22, 47,907,934, 1610, 161~ 1647 for byn~i{~:01:31, 25 September 2010 (UTC)_!~_~e.~ 1647 expenses of prison camps paye,ble from appropriation for support oL___ 1318 Prison8, United State8 (8ee al80 Peniten- tiaries), . . appropriation for maintenance _____ 83,1112 for Inspection of, and prisoners ___ 83,1114 for expenses ofsuperintendent, etc_ 83, 1114 convicts may be transferred to prison camps from, for building roads and trails____________________ 11l~8 Prize FighU (3ee Pugilistic Encounters). Probation System, D. C., appropriation for, under supreme court_ 670, 1287 Probation SY8tem, United State8 Courta, appropriation for salaries and expeD8e8_ Proceeding8 in COngres8, 83, 1114 appropriation for reporting, House of Representatives ___________ 523,1393 for reporting, Senate ___________ 520,1390 Proces8 Butter, appropriation for investigations, etc_ 549, 1197 Produce Apency Acts, appropnation for expenses enforcing__ 563, 1214 deficiency appropriation for expenses, . to prevent dumping, etc., of perishable farm productsin inter- state commerce_______________ 13 Prohibition Bureau, Treasury Department, appropriation for expenses, enforcing National Prohibition Act____ 170, 1035 for executing Narcotic Acts______ 170,1035 for personal services, etC ________ 170,1035 for supplies ___________________ 170,1035 for motor vehicIes _____________ 170,1035 for office personneL ____________ 170,1035 use of seized vehicles _________ 170,1035 payment for storage of seized goods in private warehoU8eB, restricted_ 170, 1035 distilled spirits may be removed for bottling in bonded warehoU8eB_ _ 1701 1030 moneys recovered from sales of pur- chased narcotics to be credited to ______ ~ ___ ___ ___ ___ ___ ___ _ 1036 deficiency appropriation for enforcing N arcotio and National Prohibi- tion Acts _______ 31,42,48, 1622, 1671 for expenses of____________________ 1613 disseminating information and ap- peal for enforcement__________ 1613 for thorough inquiry into problema of enforcement of prohibition_____ 1613 report with recommendations to Congress____________________ 1613 for additional amount for enforcement of Narcotic Acts______________ 1652 for salaries, etc., 1929______________ 1687

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text:
United States v. Gomez (64 U.S. 326)

Cases cited to sustain the above principles.

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

It was docketed and dismissed at the preceding term of the court, under the circumstances which will presently be briefly stated. The attention of the court was now called to the case by the following motions, namely:

1. A motion by the Attorney General, to vacate the order dismissing the cause, and to recall the mandate.

2. A motion by Gomez, for a mandamus to the District Court, to compel it to file the mandate, and to permit the execution of the decree of the District Court confirming the land claim.

3. A like motion by Gomez, for a like writ to compel the said District Court to dismiss proceedings before it on the part of the United States, which proceedings were an application to open the decree below and to grant a new trial. These two motions may be considered as one.

4. A motion for a mandamus to compel the surveyor general of California to survey the land confirmed to Gomez by the decree of the District Court.

The history of the case is so fully given in the opinion of the court, that a very brief outline of it will be sufficient.

On the 9th of February, 1853, Gomez, by P. Ord, his attorney, filed his petition before the board of land commissioners, praying the confirmation of his claim to a tract of land called Panoche Grande.

On the 26th of March, 1855, the board decided against the claimant. An appeal was had to the District Court for the northern district of California, but upon representation made that the land claimed lay in the southern district, the transcript was sent to that court.

The occurrences which took place there, and the manner in which an appeal found its way to this court from the decree of that court confirming the claim, are narrated in the opinion of this court.

On the 31st day of January, 1859, a transcript of the record was filed in this court, and a motion made on the part of the claimant to docket and dismiss the cause, which motion was granted, and a mandate sent down to the court below. The mandate was, 'that this cause be, and the same is hereby, remanded to the said District Court. You, therefore, are hereby commanded that such proceedings be had in the said cause, as, according to right and justice, and the laws of the United States, ought to be had, the said appeal notwithstanding.'

On the 4th of May, 1859, a motion was made in the District Court, for leave to file the mandate and for leave to proceed under the decree. This motion was resisted by the district attorney, Mr. J. R. Gitchell, on the ground that no appeal had ever been taken by the United States in this case. The records of the court were offered in evidence, and Judge Ogier decided that it was satisfactorily proven to him that no such appeal had ever been taken.

This was the posture of the case when the motions were made which are inserted in the previous part of this report.

The following is the affidavit which is referred to and directed to be published in the opinion of the court.

In the United States District Court for the southern district of California. Vicente P. Gomez ad. the United States:

Pacificus Ord, late attorney of the United States for the southern district of California, being duly sworn, says: That at the June term, 1857, of the District Court of the United States for the southern district of California, held at Monterey, Isaac Hartman represented that he was a member of the law firm of Sloan & Hartman, authorized and retained as counsel for Vicente P. Gomez, in the above entitled cause. That he had as counsel for the said claimant obtained an order from the District Court of the northern district, removing the case to the southern district; and that he was ready and willing to present the same to the court, as soon as the same could be heard. Affiant further says, that shortly thereafter, the court being then in session, the said Hartman, acting as counsel for said claimant, presented the said case to the court by reading the petition for review, and the other papers and transcript in the case to the court, for the appellant. That after so doing, this affiant, acting for the United States, admitted, in open court, that in his opinion the claim was a valid one, and that, in accordance with the rulings of the court in previous cases, the case should be confirmed. That thereupon the court ordered that the decision of the land commissioners should be reversed, and a decree of confirmation entered therein for claimant. Affiant further says, that at the next term of the said District Court, held in Los Angeles, in December, the said Hartman, as counsel in said case, presented to affiant a draft of the decree of confirmation of said claim. That upon reading the same, affiant objected to the said draft, on the ground that the same would cover all the land embraced within the limits of the named boundaries, to the extent of eleven leagues. Whereupon the said Hartman made another draft of a decree, restricting the quantity of land to not more than four leagues; which said draft, after being approved by affiant as United States attorney, was signed by the court. That thereafter affiant drafted an order of appeal to the Supreme Court of the United States in said case, on the part of the United States; and on the last day of the term of said court, Col. Kewen, acting for the United States, at the request of affiant, district attorney as aforesaid, asked for and obtained, as affiant was afterwards informed, the said order in said case. Affiant further says, that at or about the time the said Hartman informed him that he had been retained by the said claimant in said case, affiant informed said Hartman that he had been the attorney for said Gomez before the United States land commissioners; and that, for his services therein, the said Gomez had conveyed to him the one undivided half of the tract of land claimed therein. That he had endeavored for a long time to get the Attorney General to appoint some attorney to represent the United States in cases in which he was interested, but without success. That this case had been unacted upon for a long time; and that as the commissioners had, upon the evidence before them, passed favorably upon the validity of the claim, and though they rejected it, it was only on the ground of want of occupation by the grantee; and that as that ground had been overruled by the Supreme Court, there could be no injury to the United States, and no impropriety on his part, as United States attorney, in appearing and consenting to its confirmation; in all of which views of this affiant the said Hartman then concurred. Affiant further says, that he wrote to the Attorney General of the United States shortly after assuming the duties of the office of district attorney, about December, 1854, stating that he had been employed as counsel, and was interested in several claims then pending on appeal in his district from the land commissioners, and requested that he would cause some attorney to be specially named to represent the United States in such cases. But the Attorney General never made or named any person to act in the matter, as requested. That affiant, being thus left to act in the matter as best he might, did act with the most scrupulous good faith, and to the best of his ability, for the United States, in all such cases. Affiant further says, that he has been informed and believes that the parties who are now and have been endeavoring to impede and defeat this claim, since the confirmation by the United States District Court, are private persons in possession of a valuable quicksilver mine, believed to be within the limits of said grant, lately opened and worked by them, of which one Daniel Gibb, of San Francisco, is believed to be the principal person interested. Affiant further says, that the substantial allegations in certain depositions of said Isaac Hartman and E. W. F. Sloan, dated December, 1859, in said case, are wholly untrue, except as herein admitted.

And further affiant sayeth not.

P. ORD.

The case was argued by Mr. Black (Attorney General) in support of his motion, and by Mr. Johnson and Mr. Gillet against it.

The reporter does not consider that the arguments upon these motions would be interesting to the profession generally, and therefore omits them.

Mr. Justice WAYNE delivered the opinion of the court.

title: United States v. Gomez (64 U.S. 326)


text: Talk:United States v. Gomez (64 U.S. 326)


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/1971

 ccxx INDEX. Prohibition Bureau, Treaaury Depart. Pa.re. ment-Continued. Commissioner authorized to direct special disbursing agents to make advances for enforcing Narcotic Acts_ _______________ 374 statutory provisions against ad- vances of appropriations waived_ 375 storekeeper-gaugers, title of, given to all storekeepers, gaugers, and store- keepers-gaugers_______________ 1496 made full-time employees, and as- signed to other duties by Com- missioner of Prohibition________ 1496 Protection oj Childhood, American Inter- national Imtitu.t8lor, appropriation for annual contribution to___________________________ 1106 deficiency' appropriation for annual con- tnbution to__ ________________ 913 Prollidence Hospital, D. C., appropriation for minor contagious dis- ~ward ________________ 66~ 1284 for care of indigent patients________ 674 deficiency appropriation for _______ 892, 1631 Proving Grounds, Army Ordnance, aporopriation for current expenses, etc_ 343 deficiency appropriation for ________ 49, 1622 PrOllisions, Army (see Subsistence, Army). Provisions, NallY, appropriation for ________________ 632, 1460 deficiency appropriation for ____ 47,934, 1618, 1621 Public Buildings, appropriation for office of Supervising Architect, miscellaneous build- ings_________________________ 176 for Boston, Mass't.!Darine hospitaL_ 176 for Cape Fear, .N. C ., quarantine station_ ____ ____ _____ __ __ ____ 176 for New York, N. Y ., appraisers' stores! etc___________________ 176 for Washmgton, D. C ., Treasury Department elevators_________ 176 for remodeling, etc., buildings___ 176,1045 for rent of temporary quarters, etc_ _ 176 for lock box e~uipment, etc________ _ for Durango, Colo _______________ _ for Fremont, Ohio _______________ _ for Juneau, Alaska, Federal and Ter- ritorial building______________ _ for Long Island City, N. Y _______ _ for Newark, N. J ________________ _ for San Pedro, Cahf______________ _ for sites, construction, etc., under annual limitation, sec t i 0 D 5, Public Buildings Act, 1926___ _ for Albany, N. Y ., site and commenc- ing construction, etc__________ _ for Alexandria, Va., site__________ _ for Amsterda~t N. Y ., site________ _ for Asheville, .N. C. ______________ _ for Baltimore Md., post office, etc__ for Bartlesville, Okla_____________ _ for Bellows Falls, Vt_____________ _ for Binghamton, N. Y ____________ _ for Camden, N. J ________________ _ for Canton, Ga __________________ _ for Conway, Ark _________________ _ for Corinth, Miss ________________ _ for Corsicana, Tex _______________ _ for Dallas, Tex __________________ _ for Denv.:;,, Colo ________________ _ for Duluth, Minn ________________ _ 1045 176 176 177 177 177 177 177 177 177 177 177 178 178 178 178 178 178 178 178 178 178 178 178 178 Public building~ontinued. appropriation for Dunkirk, N. Y __ _ _ _ for East Chicago, Ind ____________ _ for Elizabet N. J _______________ _ for Elmira, .N. Y _________________ _ for Erie, Pa _____________________ _ for Fargo, N. Dak_______________ _ for Flint, Mich ___________________ _ for Fort Wayne, Ind _____________ _ for Fort Worth, Tex ______________ _ for Freeport, 11.. _________________ _ for l1reenviIle J Tex_______________ _ for Hammonn, Ind_______________ _ for Hanover, N. H _______________ _ for Hartsville, S. C ____ ____ ____ ___ _ for Kansas City, Mo _____________ _ for La. Crotlse, Wis _______________ _ for Lancaster, Pa ________________ _ for Lawrence, Kans ______________ _ for Lima, OhlO __________________ _ for Louisvill.eJ Ky________________ _ for Lowell, Mass_________________ _ for Miami, Fla__________________ _ for Mitchell, S. Dak_____________ _ for Newark, DeL ________________ _ fer New Britain, Conn____________ _ for Newburgh, N. Y ________ ______ _ for New Orleans, La______________ _ for Newton, lowa________________ _ for Niagara Falls, N. Y ______ _____ _ for Oakland, Calif________________ _ for Oshkosh, Wis ________________ _ for Paris, Tenn __________________ _ for Pawtucket! R. L _____________ _ for Philadelphi.aJ Pa., marine hospitaL for Pittsfield, Mass ______________ _ for Plattsburg, N. Y ________ _____ _ for Pontiac, Mich________________ _ for Portland, Oreg _______________ _ for Price, Utah __________________ _ for Pullman, Wash________________ _ for Roanoke, Va _________________ _ for Rushville, Ind________________ _ for San Francisco, Calif., marine hos- for la~:!-F;:fCM;i~:=========== for ScottsbluffJ,. Nebr _____________ _ for Scranton: ,1'a _________________ _ for Sedalia, MO __________________ _ for Springfield, 111 ________________ _ for Watertown, N. Y _____________ _ for Waukegan, Ill_________________ _ for White Plains, N. Y ____________ _ for W~chita, Kans _________________ _ for Wilkes-Barre, Pa______________ _ for Wooster, Ohio________________ _ for Worcester, Mass______________ _ for Zanesville, Ohio _______________ _ Page. 178 178 178 178 178 179 179 179 179 179 179 179 179 179 179 179 179 179 179 179 179 180 180 180 180 180 180 180 180 180 ~80 180 180 18~ 180 180 181 181 181 181 181 181 181 181 181 181 181 181 181 181 182 182 182 182 182 182 for Washington, D. C ., Department of Commerce.,!,. construction_ _ __ 182 for Washington, 1). C ., Government Printing Office, construction____ 182 for Washington, D. C ., Internal Rev- enue, construction____________ 182 for square No. 256, Washington, D. C ., sites for public buildings_ 182 for repairs and preservation _____ 183,1045 for mechanical equipment_______ 183, 1045 pneumatic tube service, New York City______________________ 183,1046 for vaults, safes, etc_____________ 183, 1046 for general eXl>l:nses; additional pay to SuperVising Architect. __ _ 184,1046 for skilled employees, etc., Office of Supervising ,Architect_______ 184, 1046

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United States v. Gomez (64 U.S. 326)/Opinion of the Court

This cause was docketed and dismissed in this court upon the motion of the appellee, and a mandate sent to the District Court from which the transcript of its record was obtained, for proceedings to be taken by that court to give to the complainant the benefit of its confirmation to the land in question.

The Attorney General now moves for the recision of the order of dismission, and that the mandate may be recalled.

He does so, alleging that no appeal had been granted to the United States in the court below by which the cause could be brought to this court for its revision; because there was then pending in the court below, when the claimant obtained the transcript, a motion for the review of the decree which had been given confirming the claimant's title; secondly, that the court had also under its advisement a motion concerning an appeal.

And the Attorney General further alleges, that the appeal from the decision of the board of land commissioners rejecting the petition, and also that the appeal from the District Court to this court, are fraudulent.

The charges as to the two first rest upon the records which the appellee presented to this court, to have the cause docketed and dismissed.

The Attorney General relies upon depositions and other papers which are on file in the District Court for southern California, and which have been transmitted to this court by Judge Ogier, to establish the charge of a fraudulent combination between the then district attorney of the United States, Pacificus Ord, Esquire, and the claimant of the land in controversy, and his assignees, to allow them to obtain from the District Court a reversal of the land commissioners' decree rejecting the claim.

W. C. Sims, the clerk of the District Court for the southern district of California, deposes that the document on file, giving notice that the claimant intended to prosecute an appeal from the decree of the board of land commissioners, is in the handwriting of Mr. Ord, with the exception of the figures No. 278 and the signature of E. O. Crosby.

The purpose for which this affidavit was made is, to show the interested connection between Mr. Ord and the claimant of the land, from the beginning of the institution of his suit to establish his right, and its influence upon the official conduct of Mr. Ord afterward, in every proceeding in the cause, after it had been removed from the northern district of California to the southern.

Mr. Ord was originally the attorney of Gomez before the board of land commissioners, and filed his petition there as such on the 9th February, 1853. He was not then district attorney, but he became so on the first of July, 1854, before the land commissioners decided the case against his client. After his appointment, and after an order had been obtained, at his instance, to remove the cause from the northern district of California to the southern, of which he was the district attorney, and whilst the cause was pending in the latter, he took from Gomez, for the nominal consideration of one dollar, a transfer to himself for one-half of the land in controversy. This Mr. Ord admits in his affidavit presented to this court by counsel. The conveyance to him bears date on the 24th of November, 1856. It was acknowledged on the same day by Gomez before a notary public of the county of San Francisco, and was, at the request of Mr. Ord, recorded in the county of Merced on the 26th November, 1857; was also filed for record in the county of Fresno on March 26th, 1858, and again recorded by Mr. Ord in Monterey county the 3d May, 1858. A copy of that conveyance is now before us. These dates show that no record of the conveyance to him was made until after the claim had been confirmed by the district judge, upon his representation that, as district attorney, there was no objection to its confirmation; in other words, that he thought the claim a valid claim, and was within the rulings of the court in other claims of the same kind.

We shall cite the notice in its words, for, as it had been in fact the subject of the court's action, and could not have been so without the knowledge of Mr. Ord, and without his agency, it devolves upon him the task to disprove the declarations of Mr. Hartman of the forgery of the name of the law firm of Hartman & Sloan to the paper. We ought to remark, however, that Mr. Sloan, of the firm, is not shown by any paper to have had any personal agency in the matter. The notice is: 'Now, on this day, came the parties, the appellant by Hartman & Sloan, and the appellee by P. Ord, United States district attorney: Whereupon, on motion of the attorney of the appellant, it is ordered that the transcript and papers transmitted from the northern District Court be filed in this court, and that the petition for a review of the same be entered thereon, and that the claimant have leave to proceed in said cause, the same as if it had been originally filed in this court.' On the same day, a petition was filed for a confirmation of the claim.

After the confirmation of it in the manner as will hereafter be stated, Mr. Sloan, upon being told of the motion, and that it was signed by the firm of Sloan & Hartman, but, in fact, as if the style of their firm was Hartman & Sloan, made his affidavit under a commission instituted by Judge Ogier, that neither as a member of the then firm of Sloan & Hartman, nor otherwise, was he ever retained or employed in the case; that he never wrote nor authorized to be written any petition or other paper in the case; that he never had seen such a petition; that he had never authorized any one to use his own name, or that of the firm of Sloan & Hartman, in the case; and that, if the paper was signed as it is represented to be, it had been without any consultation with him, or his consent or approbation.

The notice for a review of the decision of the board of land commissioners by the District Court, signed, as has been said, by E. O. Crosby, and wholly in the handwriting of Mr. Ord, was given after his connection as attorney for Gomez had ceased, and after he had become the half owner of the land. Mr. Crosby does not appear afterwards in the suit as the retained attorney of Gomez, nor does it appear in any other proceeding in the record of the case that he ever was so. It does not appear that Mr. Crosby was ever recognised by the land commissioners or by the District Court as the attorney of Gomez, from which we infer, as the notice was in the handwriting of Mr. Ord, that Mr. Crosby was his agent for the purpose of obtaining a review of the case in the District Court. Afterward, upon its being found out that the land in controversy was in the southern district of California, and not in the northern, a petition was filed for its removal to the southern district, which was granted.

At this point began those irregularities which, until explained, must leave an unfavorable impression in respect to Mr. Ord's discharge of his official obligations to the United States.

The motion made for the removal of the cause to the southern district is said to have been signed by E. W. F. Sloan, Esquire, and presented by him in open court; and the order said to have been passed recognises that as a fact. On the same day, the firm of Hartman & Sloan is reported in the transcript to have filed a notice of appeal with the clerk of the District Court for the southern district. The paper has all of the formality and substance which such a paper should have, but Hartman & Sloan deny the fact of having had any agency in making such a motion; and these separate affidavits would be sufficient to sustain their disclaimer, were it not, so far as Hartman is concerned, that his subsequent conduct in the case shows a connection between himself and Mr. Ord, which throws suspicion upon both; and that is aggravated by Hartman's deposition, by that of other persons, and by the narrative given by Mr. Ord of his conduct in the suit.

Hartman then makes his affidavit, that he had no knowledge who made and caused the petition to be filed, nor by whose authority and direction the same was done. But he states that, whilst attending the June term of the southern District Court in 1857, Mr. Ord, then United States district attorney, asked him if he would do him the favor to present a claim to the court for confirmation, stating it was a case in which there would be no opposition on the part of the Government. That, not suspecting there would be anything wrong about a claim to which the Government had no objection, he consented to do so; that, on the same day, the court being in session, and he being seated at the bar table, Mr. Ord passed to him the transcript in the case of Gomez and the United States, which he read to the court without any remarks, supposing it to be the case of which Mr. Ord had spoken to him; that after he had finished reading it, Mr. Ord remarked to the court that there was no opposition upon the part of the Government to a confirmation; whereupon the court replied, that there being no objection, the claim would be confirmed, as a matter of course. Mr. Hartman continues his narrative of his further connection with the case and with Mr. Ord, six months after, at the December term of the court, when it was held at Los Angeles. He says that then Mr. Ord remarked to him that it had been omitted, at the time of the confirmation of the claim, to have a decree signed by the judge; that Mr. Ord requested him to draw a decree, and to present it to the judge, to be signed nunc pro tunc. He says that he did so without knowing or suspecting that Mr. Ord had an interest in the land claimed by Gomez. This statement by Hartman of his agency in the confirmation of the claim, and in getting a decree upon it six months afterward at the instance of Mr. Ord, is denied by the latter in his affidavit, excepting as to his declaration to the court that the Government had no objection to the confirmation of the decree. The latter he admits in stronger terms than have been given. We shall use the affidavit for other purposes, and will have it printed in connection with this opinion, in justice to Mr. Ord, that the relations between himself and Mr. Hartman may be properly estimated from their respective declarations concerning it, only remarking now that there is proof that Mr. Hartman had subsequently declared himself to have been the attorney of Gomez in the case; that he had been so in all that he had done in the case; and that he had charged and demanded a fee for his services. It is not necessary for us to attempt to reconcile these differences, but it has certainly turned out unfortunately for Mr. Ord, in raising a violent presumption, from the manner in which they acted in the cause, that there was a concert between them to reverse the decision of the commissioners, and to obtain a decree in the District Court for the claimant.

Besides the motion of the Attorney General to vacate the order dismissing the cause, and to recall the mandate, a motion has been filed by the claimant for a mandamus to compel the judge of the District Court to file the mandate, and to permit the execution of the decree confirming the claim. Another motion has also been made by the claimant for a mandamus to compel the judge to dismiss the proceedings before it upon the part of the United States, to open the decree, and to obtain a new trial. And there is also a third motion for a mandamus to compel the surveyor general to survey the land confirmed to Gomez.

We shall not go into the consideration of these motions, but will confine ourselves to that of the Attorney General, using, however, such depositions as have been made under each of them, which correspond with and confirm the record presented to the court by the appellee, when he moved to have the cause docketed and dismissed.

Judge Ogier, in a return made to the first motion for a mandamus, certifies that the cause was tried by him upon the appeal from the land commissioners, and that he gave a judgment confirming the claim under the following circumstances:

Mr. Hartman presented the cause to the court, stating only its title and its number upon the docket, and Mr. Ord appeared for the Government, and stated that there was no objection by the United States to its confirmation. As a matter of course, without inquiry or examination, that he directed a judgment of confirmation to be entered, but that no decree was given at that term of the court, nor was a motion made for one, or any motion for an appeal by the United States to the Supreme Court. At a subsequent term of the court, E. J. McKewen, representing Mr. Ord, made a motion for an appeal in this cause and in several others; that, being then in doubt if an appeal could be given after the expiration of the term of the court at which judgment was rendered, he took the subject under an advisement, and that then Mr. McKewen suggested that the same point was under consideration in another case before the Supreme Court, which determined him to reserve his decision until that point was ruled here; then that Mr. Hartman offered a judgment of confirmation, Mr. Ord assenting thereto, on behalf of the United States, and it was ordered.

The case remained in this condition, the right of the United States to an appeal being reserved until the 7th day of December, 1858, when Mr. Gitchell, having succeeded Mr. Ord as district attorney, filed a motion for leave to withdraw Mr. McKewen's motion for leave to appeal, and also filed another motion for a rehearing of the cause, substituting the last for a motion which had been made by Mr. Stanton, then in San Francisco, and also representing the United States as its specially retained attorney. A day was then fixed, with the consent of all the parties, for hearing the pending motion. When the day arrived, Mr. Gitchell made a motion for a continuance, with an affidavit setting forth that the decree which had been given for the confirmation of the claim had been fraudulently obtained from the court, Mr. Ord having become the owner of half the land in controversy by a conveyance from the claimant, and that he had conspired with Gomez, or his assignees, to permit the judgment to be given for Gomez without a contest on the part of the United States. A copy of the conveyance from Gomez was filed with the consent of the claimant.

Mr. Gitchell's motion for a continuance was refused, on the ground that the proper motion under his charges was to ask for leave to file a bill of review. But Judge Ogier, feeling and thinking that he had improvidently given a judgment of confirmation, did continue the hearing of the motions to obtain proofs, if any could be had, concerning the contrivance by which he had been imposed upon. A commission was issued by him for that purpose, and under it Mr. Sloan made the affidavit denying all connection and attorneyship for Gomez, as has already been recited in this opinion. The case then remained in the District Court as it was when the motions which were made, without any further action upon that for an appeal.

This narrative has been given from documents, depositions, and declarations of the parties concerned in the case, and also by other persons, apparently disinterested, in respect to the land. They will be found either on the record upon which the cause was docketed and dismissed in this court, or in the book of exhibits sent to this court by Judge Ogier, which were obtained to enable him to act understandingly upon the merits of the case. The case being still before the court, we do not perceive any irregularity in the proceedings. Besides the motion for granting the appeal, the court had jurisdiction of the cause to determine what proceedings the claimant was entitled to under the circumstances of the case, to get the benefit of the decree, by survey or otherwise.

We will now proceed to show, from the record of the case filed in this court by the claimant, and from the official declarations of the clerk of the District Court from whom the record was obtained, that this court had no jurisdiction in the case when it was docketed and dismissed.

Mr. Sims, the clerk of the court, deposes, that in this case a transcript was called for by letter, signed W. W. McGarrahan; that, when that letter was received, no appeal had been allowed to carry the case to the Supreme Court, and that a motion for that purpose was still under the advisement of the court. The deputy clerk, Mr. Coleman, however, sent to McGarrahan a transcript, which was received by McGarrahan; and, that not being satisfactory, it was returned to the clerk, with a letter from McGarrahan, stating in what particulars it was deficient; and among them, that it was deficient in not having a copy of the order for an appeal to the Supreme Court, which McGarrahan suggested would be found on the minutes of the court. To this letter a reply was given by Mr. Stetson, who had succeeded Mr. Coleman as deputy, containing an order for an appeal, as it appears on the transcript before us. It is difficult to determine how such an order found its way into the second transcript of the record, when it was not in the first, and when the clerk deposes that no such order had ever been given. The order for an appeal may have been drawn in anticipation of the action of the court upon the pending motions, and left in the clerk's office unintentionally, and supposed by the deputy clerk to have been passed by the court, or it may have been drawn by Mr. Ord and left in the office, to keep up the semblance of his having faithfully represented the United States in the case, or it may be that some one of the parties interested in the land had surreptitiously placed it in the transcript to accomplish the purpose of having the case docketed and dismissed in this court. Dates will, in some measure, throw light upon the matter. It was written and dated on the same day that the court took under its advisement the motion relating to the appeal. Such antagonism in the action of the court upon the same subject matter of such importance as this was, would, indeed, be extraordinary; and the record shows that it does not exist.

It is a delicate and most unwelcome task which we are performing; but it must be done, in order that violated justice may be vindicated, and that official purity of conduct in our courts may be preserved and be unsuspected.

The record upon which this case was docketed and dismissed, in connection with the book of exhibits sent to this court by Judge Ogier, establish, in our view, the following facts:

That Mr. Ord became the purchaser of half the land in controversy from Gomez, the claimant, when he was the district attorney of the United States; that whilst he was district attorney, he prepared in his own hand the paper, signed by S. O. Crosby, for the removal of the cause from the board of land commissioners to the District Court; that Mr. Ord did not officially, as district attorney, represent the United States in the case in the District Court, in any one particular, but allowed it to be done by others, who were interested in establishing the claim of Gomez, to whom he gave his official confidence, and who are shown by the record not to have been the retained attorney of Gomez; that he permitted a judgment to be taken against the United States without argument, or the production of proof to establish the validity of the claimant's right to the land, by saying to the court, in his official character, that the United States had no objection to the confirmation of the claim. And it is established by the record itself that no appeal has been given to the United States by the court below. Mr. Ord admits that he relies upon the declaration only of the person to whom he confided the order which he drew for an appeal, that it had been granted by the court.

Under such circumstances, we conclude that no appeal had been granted; that the cause was not before us when the appellee made his motion to docket and dismiss it.

A motion to docket and dismiss a cause from the failure of the appellant to file the record within the time required by the rule of this court, when granted, is not an affirmance of the judgment of the court below. It remits the case to the court to have proceedings to carry that judgment into effect, if in the condition of the case there is nothing to prevent it. That is for the consideration of the judge in the court below, with which this court has nothing to do, unless his denial of such a motion gives to the party concerned a right to the writ of mandamus. The case is before us also upon such a motion, but we do not consider it upon the ground that this court had no jurisdiction of the case when it was docketed and dismissed, and that the appellee had no right to make that motion, under the rule of this court. All that we shall now do will be to correct an irregularity in the order given by this court in a case in which we believe it had no jurisdiction, and because the circumstances of it disclose that the judgment in the court below had been obtained by contrivance, and with the consent of the district attorney, in violation of his obligations to the United States, from which he necessarily anticipated a benefit, being then owner of half the land in controversy.

In vacating the order for the dismission of the case, and for recalling the mandate, we do no more than to correct a proceeding improvidently allowed by the court, under a misrepresentation to it of the actual condition of the cause in the court below. Orders of the same kind for misrepresentation have often been made and allowed. We cite two cases from the English reports. In Stewart and E. Drew, petitioners, and P. J. Agnew, in Shaw's Reports, it was held to be incompetent to repeal a case on the merits formerly argued, and on which judgment had been pronounced by the House of Lords, but that the judgment might be amended on a point in which no decision had been given by the court of session, and on which no argument had been had, through misrepresentation stated in the House of Lords by the party against whom the judgment was pronounced. 1 Shaw, 413.

In ex parte James White, Courtenay et al., 4 House of Lords Cases, 313, it was ruled upon petition that a judgment of the house given on appeal cannot be reversed; but when such appeal judgment have been obtained by suppression and misrepresentation, the house will afterwards discharge the order granting leave to appeal, and the order constituting the judgment thereon.

Much was said in the argument of this motion concerning declarations, and a correspondence of the Attorney General in relation to an appeal having been taken in the court below for the United States. It matters not what they were, or how the attorney treated the matter, if he was deceived as to the actual fact of an appeal having been allowed. If it turns out to be that it had not been, any admission to the contrary cannot affect the United States.

Since the case was argued, the counsel for the claimant, with the consent of the Attorney General, has placed before us an affidavit made by Mr. Ord, in explanation of his conduct in the trial of the cause in the District Court, embracing his connection with Gomez, and his purchase from him of half of the land in controversy. We believe it to be proper to give him the benefit of his own narrative, and therefore shall direct his affidavit to be printed in the forthcoming volume of the Reports of this term of the court, with this opinion.

We direct that the order for docketing and dismissing this cause shall be vacated, and that the mandate which followed it shall be recalled.

The motion of the Attorney General for such purpose is granted.


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Page:United States Statutes at Large Volume 45 Part 1.djvu/1972

 INDEX. ccni Public Building--Continued. Page. appropriation for superintendents, in- spectorsl etc., on buildings __ 184,1046 transfer or effects of superintend- ents_______________________ 184, )046 expenses of field force; contingent expenses ________ .. __ __ __ __ __ __ 1046 additional quarters for Supervising Architect in the District._ ____ _ 1046 ground rent, Salamanca, N. Y _ 184,1046 incidental expenses_ _____________ 1046 for outside professional services__ 184, 1047 advisory assistance, construction of Departments of Commerce and Labor buildings____________ 184,1047 for operating force ______________ 185,1047 for furniture and repairs ________ 185,1047 for operating supplies; fuel, light, water, etc_________________ 185, 1048 telephone service contracts_______ 1048 for Supervising Architect, and office personneL ________________ 186,1048 for acquiring sites, construction, etc., of, authorized under sections 3 and 6 of Public Building Acts 1926, 1928___________________ 1041 for Albany, N. Y _ _ _______________ .1041 for Albuquerque, N. Mex__________ 1041 for Alburg, Vt____________________ 1041 for Alexandria, Va________________ 1041 for Amsterdam, N. Y ____ ___ ___ ___ 1041 for Anderson, Ind_________________ 1041 for Asheville, N. C________________ 1041 for Bab~Piegan, Mont____________ 1041 for Baltimore, Md., post office, etc_ _ 1041 for Beecher Falls, Vt._____________ 1041 for Bellows Falls, Vt______________ 1041 for Blaine, Wash_ ________ _______ _ 1041 for Bloomington, IlL______________ 1041 for Bogalusa, La__________________ 1041 for Boise, Idaho_ ____ __ _______ ___ _ 1041 for Boston, Mass.t .post office, etc___ 1041 for Brooklyn, N. x ., post office, etc_ 1042 for Camde~ N. J__ ________ _______ 1042 for Canon \jity, Colo______________ 1042 for Canton, Ga___________________ 1042 for Casper, Wyo__________________ 1042 for Chicago, Ill.LPost office, etc_____ 1042 for Clarksburg, W. Va_____________ 1042 for ConwaY 1 Ark_________________ 1042 for Cumber and, Md ______________ 1042 for Dallas, Tex___________________ 1042 for Denver, Colo _________________ 1042 for Duluth, Minn_________________ 1042 for Dunkirk, N. Y _ _______________ 1042 for East Chicago, Ind_____________ 1042 for EI Dorado, Ark_______________ 1042 for EI Paso, Tex__________________ 1042 for Erie, Pa_ _____ _____ _________ __ 1042 for Fairfield, Iowa________________ 1042 for Fall River, Mass ______________ 1042 for Fargo, N. Dak________________ 1042 for Fitchburg, Mass_______________ 1042 for Flint, Mich_ __________________ 1042 for Fort Fairfield, Me_____________ 1042 for Fort Wayne, Ind______________ 1042 for Freeport, Ill__________________ 1042 for Galveston, Tex., marine hospitaL' 1042 for Greensboro, N. C______________ 1042 for Hammond, Ind________________ 1042 for Hanover, Pa__________________ 1042 for Hartford, Conn_______________ 1042 fc·r Haverhill, Mass_______________ 1042 for Highgate ~rings, Vt___________ 1042 for Honolulu, liawaiL_____________ 1042 Public Building--Continued. appropriation for Houlton, Me ______ _ for Iowa City, Iowa______________ _ for Ironwood, Mich ______________ _ for Junction City, Kans__________ _ for Juneau, Alaska_______________ _ for Kansas City, Mo _____________ _ for Kenosha, Wis ________________ _ for Kingsport.z. . Tenn______________ _ for Klamath .traIls, Oreg--- for Lancaster, Pa________________ _ for Lawrence! Kans______________ _ for Lima, Ohio __________________ _ for Long Beacl Calif ____________ _ for Louisviltez .l.\.y ________________ _ for Lowell, Mass_________________ _ for Lubbock, Tex ______________. . __ for Lynchburg, Va _______________ _ for McMinnville!":renn _______ - _ __ _ for Manchester, N. H ____________ _ for Memphis, Tenn ______________ _ for Miami, Fla__________________ _ for Milwaukee, Wis ______________ _ for Mitchell, S. Dak_____________ _ for Morgantown, W. Va __________ _ for Newark, DeL ________________ _ for Newark, N. J ______ ______ ____ _ for New Bern, N. C ______________ _ for New Britain, Conn ___________ _ for Newburgh, N. Y _____________ _ for New Orleans, La., marine hospital_ for New Orleans, La., quarantine station _____________________ _ for New Philadelphia,Ohio- for Newtontlowa________________ _ for Noyes, Minn _________________ _ for Oakland, Calif _______________ _ for Okmulgeet..-0kla ______________ _ for Oshkosh, wis ________________ _ for Ottawa, Ill__________ . _______ _ for Passaic, N. J _________________ _ for Paterson, N. J ___ __ ___ __ ___ __ _ for Pawtucket, R. L _____________ _ for Pittsburgh, Pa_______________ _ for PlattsburgJ,N. Y ____ ___ ___ ___ _ for Portland, Me ________________ _ for Portland, Ore.g for Portsmouth, Va ______________ _ for Price, Utah __________________ _ for Pullman, Wash _______________ _ for Red Bluff l Calif ______________ _ for Richmona, Va _______________ _ for Rouses Point, N. Y ___________ _ for Rushville, Ind________________ _ for Saint Johns, N. Dak__________ _ for Saint Loui'!!. Mo ______________ _ for Salt Lake \jity, Utah__________ _ for San Bernardino, CaliL ________ _ for San Francisco, Calif., marine hospital_____________________ _ for San Pedro,.Calif______________ _ for Savannah, Ga________________ _ for ScottsblufJJ,. Nebr_____________ _ for Scranton.,t..l"a _________________ _ for Seattle.z. . wash ________________ _ for South oond, Ind______________ _ for South Saint Paul".!. Minn _______ _ for Spartanburg, S. '-' ____________ _ for Springfield, Ill________________ _ for Springfield, Mass _____________ _ for Tampa, Fla__________________ _ for Taylor, Tex__________________ _ for Toledo, Ohio_________________ _ for Trout River, N. Y ____________ _ for Tucson, Ariz _________________ _ Page. 1042 1042 1042 1042 1042 1042 1042 1042 1042 1042 1042 1043 1043 1043 1043 1043 1043 1043 1043 1043 1043 1043 1043 1043 1043 1043 1043 1043 1043 1043 1043 1043 1043 1043 1043 1043 1043 1043 1043 1043 1043 1043 1043 1043 1043 1043 1043 1043 1043 1043 1043 1043 1043 1043 1044 1044 1044 1044 1044 1044 1044 1044 1044 1044 1044 1044 1044 1044 1044 1044 1044 1044

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text: Talk:United States v. Gomez (64 U.S. 326)/Opinion of the Court