text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/1973

 ccxxii Public Buildings-Contlnued. appro~riation for Tyrone, Pa________ _ for VVaukegan, Ill________________ _ for VVatertown, N. Y _____________ _ for VVhite Plains, N. Y ___________ _ for VVichita, Kans__________________ for VVilkes-Barre, Pa _____________ _ for VVoonsocket, R. L ____________ _ for VVorcester, Mass______________ _ for Youngstown, Ohio ____________ _ for VVashington, D. C ., Department of Agriculture, administration building ____________________ _ for VVashington, D. C ., extensible building, construction________ _ for VVashington, D. C ., Arch~ves Building, site and construction__ for Washington, D. C ., Department of Comme~ construction___ _ for VVashington, JJ. C ., Government Printing Office, construction __ _ for VVashington, D. C ., Internal Rev- enue Building, construction___ _ for remodeling, etc:J.. old buildings__ _ for VVashington, JJ. C" acquiring triangle properties, for sites... __ _ deficiency appropriation for projects under section 3 of Publio Build- ings Ac!t 1926, Akron,Ohio___ _ for Athens, -l~nn _________________ _ for Batavia, IlL _________________ _ for Bayonne, N. J ____ _____ _____ __ _ for Branford~Conn for Buffalo, wyo_________________ _ for Caribou, Me_________________ _ for Central City, Nebr____________ _ for Chicag2f.,I11., marine hOSPitaL __ _ for Cody, wyo __________________ _ for Coeur d'Alene, Idaho__________ _ for Des Moines, Iowa ____________ _ for Detroit, Mich., marine hospitaL _ for Donora, Pa__________________ _ for East Las Veg~.1 N. Mex_______ _ for East Orange,.N. J ____________ _ for Fallon, Nev__________________ _ for Fort Fairfield, Me____________ _ for Fort Plain, N. Y _____ _____ ____ _ for Globe, Ariz __________________ _ for Jamestown, N. Dak __________ _ for Lancaster, S. C _______________ _ for Leominster, Mass_____________ _ for Lewistown, Pa_______________ _ for McKees Rocks, Pa____________ _ for Madison, VVis ________________ _ for Marianna, Fla________________ _ for Metropolis, Ill________________ _ for Millville, N.J ________________ _ for MiBBoula, Mont ______________ _ for Montclair, N. J _____ _____ _____ _ for Montevideo, Minn____________ _ for Mount Carmeldll ____________ _ for Newburyport, M8.BB ___ ___ __ ___ _ for Olyphant, Pa_________________ _ for Paxton, Ill___________________ _ for Red Bluff, Calif ______________ _ for Sand Point, Idaho ____________ _ for Sayre, Pa____________________ _ for Shelbyville, Ky _______________ _ for Southbridge, Mass____________ _ for Syracuse, N. Y _______________ _ for Tamaqua, Pa________________ _ for Tarentum, Pa________________ _ for Tomah!.VVis __________________ _ for Utica, .N. Y __________________ _ for VVaynesburg, Pa______________ _ INDEX. Paae. 1044 1044 1044 1044 1044 1044 1044 1044 1044 1044 1044 1044 1044 1044 1045 1045 1045 32 32 32 32 32 32 32 32 32 32 32 32 32 32 32 32 32 32 32 33 33 33 33 33 33 33 33 33 33 33 33 33 33 33 33 33 33 33 33 33 33 33 33 33 33 33 33 Public Buildinga-Continued. de1icien-w. \f.r01:31, 25 September 2010 (UTC)o_TarmstroBot (talk)r_01:31, 25 September 2010 (UTC) for VVilmington, Ohio_____________ _ for VVilson, N. C _________________ _ for VVinchester, Mass_____________ _ for VVyandot~J Mich_____________ _ .for Yonkers, N. Y _____ _____ _____ _ for J>rojects under section 5, Public Buildings Act, 1928, Birmingham, Ala ________________________ _ for Chicago, Ill., post-office site____ _ for Chicago, Ill., marine hospitaL __ _ for Memphis, Tenn ______________ _ for Corinth, MiBB ________________ _ for A~cultural Department, Ad- Dllnistration Building________ _ for :01:31, 25 September 2010 (UTC):TarmstroBot (talk) 01:31, 25 September 2010 (UTC)::-TarmstroBot (talk) 01:31, 25 September 2010 (UTC): for Liberty Loan Building, D. C ., additional stories ____________ _ for District of Columbia, removal of water mains and sewers, inci- dent to construction, under Public Buildings Act. __ __ __ __ _ for J>rojects under section 5, Public Buildings Act.,)926__________ _ for Albuquerque, N. Mex _________ _ for Alburg, Vt___________________ _ for Anderson, Ind________________ _ for Babb-Piegan, Mont___________ _ for Baltimore, Md., post office, etc__ for Battle Cree!, Mich____________ _ for Beaumont, Tex_______________ _ for Beecher Falls, Vt _____________ _ for Blaine, Wash_________________ _ for Bloomington, Ill______________ _ for Bogalusa, La_________________ _ for Boise, Idaho__________________ _ for Boston, M88IJ ________________ _ for Bridgeportl.COnD _____________ _ for Brooklyn, N. Y ____ ____ ___ ____ _ for Calexic~ Calif________________ _ for Canon l,;ity, Colo_____________ _ for Canton, Ohio_________________ _ for Casper, VVvo _________________ _ for Chicago, Iil., post office, etc ____ _ for ClarksbUrg, W. Va____________ _ for Cumberland, Md _____________ _ for Douglas, Ariz _________________ _ for El Dorado, Ark_______________ _ for El Paso, Tex_________________ _ for Fairfield, Iowa _______________ _ for Fall River, Mass______________ _ for Fitchbu!g.! M&BB ______________ _ for Fort Fairneld, Me_____________ _ for Galveston, Tex _______________ _ for Greensbor,!! N. C __ __ ___ __ __ __ _ for Hartf,!r~l vonn_______________ _ for Haverni}lJ M8.BB _______________ _ for Havre, Mont_________________ _ for Highgate Sl>rings, Vt__________ _ for Honolulu, Hawaii_____________ _ for Houlton, Me _________________ _ for Iowa City, Iowa_______________ _ for Ironwood, Mich ______________ _ for Junction Cit" Kans __________ _ for Kenosha, VVlS ________________ _ for KingsportJ. Tenn______________ _ for Klamath .l'-alls, Oreg __________ _ for Lewistown, Mont______________ _ for Long Beach, Calif____________ _ for Lubbock, Te.J: ________________ _ Page. 34 34 34 34 34 34 34 34 34 34 34 34 34 34 34 918 918 918 918 919 919 919 919 919 919 919 919 919 919 919 919 919 919 919 920 920 920 920 920 920 920 920 920 920 920 920 920 920 920 921 921 921 921 921 921 921 921 921 921 921 921 921

�


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/1974

 Public Building-Continued. deficie~, a:_ri_ !~=__= for Lynchbu,,", Va _______________ _ for McMinnvillel.Jenn ___________ _ for Mancheste!:t N.H ________ .. ___ _ for Memphis, Tenn ______________ _ for Milwaukee, Wis ______________ _ for Morgantow!ll W. Va __________ _ for NewBern, N. C _______________ _ for New Orleans, La., quarantine station _____________________ _ for New Philadelphia, Ohio _______ _ for New York, N. Y ., courthouse, etc_ for New York, N. Y ., post office, etc_ for Noyes, Mmn__________________ _ for Ogden, Utah _________________ _ for Okmulgee, Okla ______________ _ for Ottawa, Ill. ________ ________ _ _ for Passaic, N. J __________________ _ for Paterson, N. J ____ ____ ____ ___ _ _ for Pittsburgh,t?a _______________ _ for Portland, Me_________________ _ for Portsmouth, Va ______________ _ for Racine, Wis__________________ _ for Reno, Nev___________________ _ for Richmond, Va________________ _ for Rouse· Pointl.N. Y ___________ _ for Saint Johns, N. Dak __________ _ for Salisbury, N. C ____ ___ ____ ___ _ _ for Salt Lake City, Utah__________ _ for San Bernardino, Calif _________ _ for San Ysidro, Calif _____________ _ for Savannah, Ga________________ _ for Seattle, Wash_ .. ______________ _ for Sheffield, Ala_________________ _ for Sioux Falls! S. Dak ___________ _ for South Bena, Ind ______________ _ for South Saint Paul..z .Minn _______ _ for Spartanburg:!!. \j____________ _ for Springfiel~ Mass_____________ _ for Sterling, \jolo ________________ _ for Tampa, Fla__________________ _ for Taylor, Tex __________________ _ for Toledo, Ohio _________________ _ for Topeka, Kans ________________ _ for Trenton, N. J ________________ _ for Trout River, N. Y ____________ _ for Tucson, Ariz _________________ _ for Tulsa, Okla__________________ _ for Tyrone, Pa__________________ _ for Woonsocket, R. L ____________ _ for Youngstown, Ohio ____________ _ for acquisition of triangle properties in District of Columbia______ -- for projects under section I) of Public Buildings Act, 1926 ____ _ for Altoona, Pa_________________ _ for Appleton, Wis ________________ _ for Atlanta, Ga__________________ _ for Aurora, 111. __________________ _ for Baltimore, Md., marine hospital. for Beaumont, Tex___ . __ ___ __ __ __ _ _ for Benton Harbor, Mich _________ _ for Boston, Mass., immigrantstation_ for Brockton, Mass ______________ _ for BrunswiCk, Me_______________ _ for Buena Vista, Va______________ _ for Calexico, Cali!. ______________ _ for Carbondale, IlL ______________ _ for Cedar Rapid!'J lowa___________ _ for Champlain, N. Y _____________ _ for Chate&ugaYl.N. Y __ __ __ __ __ _ _ _ for Claremont, N. H _____________ _ for Cleveland, Ohio ______________ _ INDEX. ccxxiii Paae. 921 921 922 922 922 922 922 922 922 922 922 922 922 922 922 922 922 922 923 923 923 923 923 923 923 923 923 923 923 923 923 924 924 924 924 924 924 924 924 924 924 924 924 924 924 924 924 925 925 925 925 1656 1656 1656 1656 1656 1656 1656 1656 1656 1656 1656 1656 1656 1656 1657 1657 1657 1657 1657 Public Buildinga-Continued. deficiency appropriation for Clovis, N.Mex _____________________ _ for Corvallis, Oreg _______________ _ for Crete, Nebr__________________ _ for Derby Line, Vt_______________ _ for Detroit, Mich ________________ _ for Dodge City, Kans ____________ _ for East Richford, Vt ____________ _ for Eust~.Me for Fort worth, Tex _____________ _ for Framingham, Mass ___________ _ for Georgetownd)eL ____________ _ for Gloucester, Mass _____________ _ for GreenwOO<1, Miss _____________ _ for Hamilton, Ohio ______________ _ for Harrodsburg, Ky _____________ _ for Hoboken, N. J ______________ _ _ for HoquiamdVash ______________ _ for Jackson, Miss ________________ _ for Kokomo, Ind _________________ _ for Kosciusko, Miss ______________ _ for Lafayette, Ind ________________ _ for Lakeland, Fla ________________ _ for Las Vegas, Nev_______________ _ for Lenoir, N. C _________________ _ for Lexington, Ky________________ _ for Limestone, Me _______________ _ for Little ROCk, Ark______________ _ for Lowell, Mass _________________ _ for Mansfield t La ________________ _ for Marshfiela, Wis ______________ _ for Mason City, lowa ____________ _ for Mexia, Tex __________________ _ for Milford, COnn ________________ _ for MinneaPQIis, Minn____________ _ for Nampa, Idaho________________ _ for New Orlea~t La______________ _ for New York, N. Y ., remodeling old appraisers' stores building_____ _ for New York, assay office ________ _ for New York, N. Y., courthouse site_ for Stapleton, N. Y ., marine hospitaL for New York, N. Y ., parcel post building. __________________ _ _ for Ogden, utah _________________ _ for Oklahoma City, Okla__________ _ for Paris, Tenn __________________ _ for Parkersburg, W. Va___________ _ for Peekskill, N. Y _______________ _ for Pembina, N. Dak_____________ _ for Pomona,t_Calif________________ _ for Portal, N. Dak_______________ _ for Portland, Me_________________ _ for Prescott, Ariz ________________ _ for Princeton, N. J _______________ _ for Racine, Wis__ • _______________ _ for Red Bank, N. J _____________ _ _ for Richfor& Vt. _______________ _ for Rock H' ~.S. C _______________ _ for Rutland, vt__________________ _ for Sabine Pass, Tex., quarantine station _____________________ _ for Sacramento, Calif_____________ _ for Saint Louis, Mo., post office, etc__ for Saint Paull..Minn _____________ _ for Salisbury, N. C ___ ___ ___ ___ __ _ _ for San Francisco, Calif___________ _ for San Luis, Ariz ________________ _ for Santa Ana, Calif_____________ _ for Scottsbluff, Nebr______________ _ for Stamford, Conn_______________ _ for Sterling~9010 _____________ _ for Sumas, wash_________________ _ for Sweet Grass, Mont__ ... .. _______ _ _ 1657 1657 1657 1657 1657 1657 1657 1657 1657 1657 1658 1858 1658 1658 1658 1658 1658 1658 1658 1658 1658 1658 1658 1658 1659 1659 1659 1659 1659 1659 1659 1659 1659 1659 1659 1659 1659 1660 1660 1660 1660 1660 1660 1660 1660 1660 1660 1660 1660 1660 1660 1661 1661 1661 1661 1661 1661 1661 1661 1661 1661 1661 1661 1661 1661 1662 1662 1662 1662 1662

�

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


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/1975

. CCXXIV INDEX. Public Building_Continued. p .... deficiency appropriation for Tecate, Calif__ ________ _____ ___ _____ _ 1662 for Trenton, Mo__________________ 1662 for Union Springs, Ala_____________ 1662 for Uniontown, Pa________________ 1662 for Urbana, Ohio__________________ 1662 for Vermilion, B. Dak______________ 1662 for Warren, Pa___________________ 1662 for Washingtont..,. D. C ., reimbursing Economics Huilding Company__ 1662 for Waterbury, Conn______________ 1662 . for Wauk~an, IlL________________ 1662 for West Warwick, R. L___________ 1663 for Washington, D. C ., acquiring tri- angle properties_______________ 1663 for New York, N. Y., customhouse and post office_______________ _ 31 for Marcus Hook, Pa., quarantine station_ _ _ _______ ___ ___ ___ ___ 31 for Carville, La., marine hospitaL_ 31, 1655 for San Francisco.z.. Calif., Mint______ 31 for Pittsburgh, ra., postoffice and court house__________________ _ 31 for New York, N. Y ., quarantine statio~ repairs, etc____________ 32 for Davis uonstruction Company___ 32 for outside profellSionalservices_____ 3_21 916,161>3 for repairs and preservation________ 42, 44, 48, 935, 937, 1619 for mechanical equipment_________ 42, 48,935,937,1619 forfurniture, etc_ 42, 49, 935, 937, 1619, 1672 for operating supplies_ 42,49,937,1619,1672 for general expenses _____ 48,935,937, 1619 for vaults and safes _____________ 49,1619 for operatingforce _________ 49,1619,1663 for additional pay, architectural and engineering personnel. _ _ _ _ _ _ _ _ 916 rent of additional quarters for, etc_ 916 for remodeling and enlarging build- ings______________________ 91~ 1655 for Baltimore, Md., immigrant sta- tion_________________________ 917 for Galveston, Tex________________ 917 for New York, N. Y ., post office re- pairs,etc___________________ _ for Norfolk, Va__________________ _ for Philadelphia, Pa., Mint _______ _ for Washington, D. C ., Treasury Buildings ___________________ _ for Liberty Loan Building ________ _ for Missoula.J -MonL ____________. . _ for BeattIe, wash________________ _ for Saint Louis, Mo______________ _ for claim of contractor for war con- 917 917 917 917 917 918 918 918 ditions loss__________________ 1614 for rent of temporary quarters, etc., D. C________________________ 1614 for model of Government buildings in the triangle, District of Co- lumbia____________________ ~_ 1614 for site for Supreme Court Building_ _ 1614 for assistant custodians and janitors_ 1619 for Bronx, N. Y ___ ___ __ ___ ___ ___ _ 1655 for Malden, MBBlI__________ _______ 1655 for Columbia, S. C ________________. 1655 for Fort StantonJ • N. Mex__________ 1655 for Jamestown, va________________ 1655 for New York City, appraisers' stores_______________________ 1655 for Long Island City, N. Y_________ 1655 for Norfolk. Va___________________ 1655 Public Buildinl1-Continued. Birmingham, Ala., sale of old post office authorized___________________ _ condemnation proceedinKs for acquir- ing sites, ete., for Federal build- ings in District of Columbia___ _ contracts for joint telephone service au- thorized for _________________ _ payable from designated appropria- tions___ - ___________________ _ Des Moines, Iowa; authority for sale of present building, repealed ____ _ Duluth, Minn., granted easement over site for new building. ________ _ Fort Wayne, Ind.; granted easement over portion of post office site__ franchise accepted for rerouting pneu- matic tube service from New York City customhouse to new appraisers' stores ____________ _ Hartford, Conn.; present building con- veyed to, on completion of the new ________________________ _ Leominster, Mass.; easement for widen- ing street granted to__________ _ Manchester, N. H.; sale authorized of part of site__________________ _ New Orleans, La.; authority for sub- treasu!J': at, repealed__________ _ New York City; entrance upon sub- treasury site for rapid transit railwaYJ.consented to_________ _ Philippi, W. va.; lease of building at, for post office, constructed by Philippi Improvement Company, authorized __________________ _ to become Federal property on termi- nation of leMe, etc___________ _ payment for_____________________ _ payment of rent, etc., authorized __ _ Phoenix, Ariz.; part of site granted city for street purposes ___________ _ Savannah, Ga'l part of building site, conv~eCl to the city in exchange_ transfer to Duluth, Minn., of old Fed- eral, and site, on completion of newone ____________________ _ price, etc_______________________ _ United States Supreme Court Building Commission created to procure plans, etc., for new building on acquired site in District of C0- lumbia _____________________ _ time extended for submitting plans for, to Congress______________ _ PuiJ~..: Buildinl1l1 Act 19$8, Amendments, acquirinl{ designated lands, etc., in Dis- tnct of Columbia as sites for ex- ecutive departments, etc., di- rected _______________ - __ __ _ _ _ additional sum authorized to be ap- propriated for _______________ _ on completion of buildings, Office of Public Buildings ana Parks to have charge thereof. ___ ___ __ _ _ contracts authorized for demolishing buildings, clearing land, etc___ _ for architectural landscape treat- ment, etc___________________ _ amount authorized to be appropriated for site, construction, etc., under prior laws, increased__________ _ yearly aggregate limited __________ _ balances available subsequently__ _ P.ae. 1307 1418 916 917 1415 601 1414 533 955 1017 1155 1422 1153 590 591 591 591 60 1503 600 600 1066 1261 51 52 52 52 52 137 137 137

�


text:
United States v. Bolton

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

The circumstances of the case are fully stated in the opinion of the court.

It was argued by Mr. Black (Attorney General) and Mr. Reed for the United States, and by Mr. J. Mason Campbell and Mr. Walker for the appellee.

The record and arguments consisted of four large printed books, and a report of them would occupy a volume. A condensed view would be very apt to be unsatisfactory, and perhaps unjust; and therefore the points and arguments will be entirely passed over.

Mr. Justice CATRON delivered the opinion of the court.

title: United States v. Bolton


text: Talk:United States v. Bolton

title: Talk:United States v. Bolton


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/1976

 INDEX. ccxxv Public Building' A~ 1928, Amendments-- Page. Continued. amount authorized to be appropriated; total authorized for projects in Districtof Columbia__________ 138 annual expenditure limited; use of balances subsequently_________ 138 yearly distribution of expenditures outside District of Columbia_ _ _ 138 limitation annually in anyone I State,etc____________________ 138 total amount amended_____________ 138 Public Buildings and Public Parks, D. C., appropriation for salaries _________ 678,1295 for care of grounds, etc_________ 678, 1295 for tourists' Camp, Potomac Park_ 678, 1295 for temporary services, etc ______ 678, 1295 for contingent expenses _________ 679, 1295 for motor vehicles _____________ 679, 1295 for maintenance of portions of parks for outdoor sports and band concerts __________________ 679,1295 forAnacostiaPark _____________ 679,1295 for Rook Creek and Potomac Park- way______________________ 679,1295 for Meridian Hill Park__________ 679, 1295. for Franklin Park comfort station_ _ 679 for constructing sea wall, East Po- tomacPark __________________ 1295 for architectural, etc., services ___ 679,1295 for park police ________________ 679,1296 deficiency appropriation for police, ad- ditional pay, etc______________ 893 for salaries, 1929_________________ 1694 park police salaries to be the same as Metropolitan _police _ __________ 429 Public Buildings and Public Parks 0/ the National Capital, Office 0/, appropriation for office personneL __ 583, 1241 for general expenses ____________ 583,1241 for Washington Monument and grounds __________________ 583,1241 for Lincoln Memorial and reflecting pool______________________ 583, 1241 for Lincoln's deathplace ________ 583, 1241 for grounds of executive depart- ments____________________ 583,1241 for care, etc., of public buildings under ____________________ 583,1241 fc:.~ Winder Building,' electric eleva- tor _______________________ 583,1241 for rent and maintena.nce of build- ings, etc__________________ 583, 1241 funds for rent, etc., of buildings for departments, etc., may be trans- ferred to Director_____________ 1241 for uniforms for employees ______ 583,1241 for printing and binding for _____ 583,1241 deficiency appropriation for office per- sonnel_______________________ 6 for care, etc., of public buildings____ 6 uniforms for employees__________ 6 for expenses ______________ 888,1631,1673 funds from transferred buildings added_______________________ 888 for expenses, 1929 and 1930________ 1627 for demolition of temporary build- ing, No.7 Eighteenth and C Streets NW__________________ 1627 for salaries, 1929 ______ -___________ 1676 care, maintenance, etc., of certain War Department buildings transferred to__________________________ 888 buildings erected on acquired sites in the DiStrict to be under_____ __ 52 Public Building8 and Public Park8 0/ the Pa... National Capital, Office oj-Con. care, maintenance, etc.; Mount Weath- er, Va., station transferred from- Secretary of Agriculture to_____ 1625 devel0I>ment of Mall Parkway by Director of, authorized _ _ ______ 1696 area included and jurisdiction con- ferred_ _ ____ ___ ___________ ___ 1696 Director made executive and disbursing officer of National Capital Park, etc., Commission______________ 727 to acqUIre site and construct ware- house storage building for use of General Supply Committee, de- partments, District Govern- ment, etc____________________ 1343 prepare plans, etc., of buildings; and charged with custody, etc., thereof______________________ 1343 amount allowed, for special techni- cal personal services___________ 1343 may select site and grant permission for erection of monument to Oscar S. Straus on public grounds______________________ 1540 to choose Bite and supervise erection of monumental urn from Cuba, in Washington, D. C____ ______ 713 to select site and supervise erection of monument to Major General Artemus Ward_______________ 689 to serve on National Memorial Com- mission for erection of a build- ing as a tribute to achievements of the Negro in America_______ 1699 to supervise erection of statue of Samuel Gompers on public grounds in Washington, D. C __ 193 Internal Revenue Bureau's quarters in National Press Building, D. C ., placed under care oL__________ 169 iron gates between White House grounds and State, etc., Depart;- ment Building presented to Spiegel Grove State Park, Fre- montIOhio___________________ 422 portion of SIte of McKinley High and Langley Junior High Schools, made available for authorizea bathing pooL _ _______________ 583 quartering space for troops attending Presidential Inauguration, 1929, authorized by Director of______ 1261 six artificial bathing pools to be located, constructed by Director of. _ ___ _ 1412 control may be transferred to Com- missioner or retained b,v Director_ 1412 Public Convenience Stations, D. C ., appropriation for maintenance, etc_ 657,1274 for new station, Thirty-second and M Streets, from unexpended bal- ance for station No. 5_ ___ __ __ _ 657 for Franklin Park, alterations_ _ _ _ __ 679 Public Camp Grounds, appropriation for protection, etc., with- in national forests_ _________ 554, 1204 Public Debt Service, Treasury Department, appropriation for office personnel and other expenses___ : .. ____ ____ _ 166, 1032 for CommissIOner of the Public Debt_ 166, 1032 radio advertising of refunding operations, etc., to be paid from "Expenses of loans" _ _ _ _ ___ 166, 1032

�


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

In March, 1852, the appellee presented his claim to the commissioners for settling land claims in California for a parcel of land situated in the county of San Francisco, and bounded north by what was formerly known as Yerba Buena; northwest by lands of the presidio of San Francisco; west by the lands of Francisco Haro; south by the lands of Sanchez; and east by the bay of San Francisco, with a reservation of the curate's house, the church of Dolores, and other previously granted lands within the external boundaries of the tract, which include 29,717 acres; and the claims previously granted within those boundaries are 19,531 acres; leaving, as the unquestioned claim of Bolton, 10,186 acres. The original claimant is Jose Prudencia Santillan, a secular priest, who, together with his general agent, Manuel Antonio Rodriguez de Poli, in April, 1850, upon the recited consideration of two hundred thousand dollars, conveyed it to Bolton, the appellee. An interested party testifies that, in 1851 and in 1854, it was worth, at a low estimate, more than two million of dollars. The claim was confirmed in 1855 by the board of land commissioners, and in 1857 their decree was affirmed in the District Court. The grant to Santillan bears date the 10th February, 1846. It purports to have been made by Pio Pico, 'first member of the Assembly of the Department of the Californias, and charged with the administration of the law in the same,' and to be signed by Covarrubias, as secretary. It recites that the priest Santillan has petitioned for a grant, for his own benefit, of all the common lands known as belonging to the mission of Dolores, as well as the houses of the rancherias of the mission, which were in a state of abandonment; and that thereupon the Governor had proceeded to grant them, subject to conditions:

1. He shall pay, as a compensation for said grant, all the debts that exist against the mission.

2. He shall petition the proper judge for the judicial possession, in virtue of the grant, of all the lands and houses conveyed; and in the mean time, the possession which he has of the houses and lands, in his capacity of administrator, appointed as such by the prelate of the missions of the college of Our Lady of Guadalupe, in Zacatecas, for the temporalities of the mission of Dolores, shall serve as legal.

3. The judge who shall give the possession shall have it measured and marked with the customary landmarks, the contents being three square legues, more or less.

4 and 5. That the houses of the curate, and the church of Dolores, and the property which some persons hold under good titles, shall be respected, and that the title be recorded.

The claimant exhibits a letter from Covarrubias to Santillan, dated 15th January, 1846, which informs him of an order made by the Governor to the administrator of the mission to make formal delivery of all the appurtenances of the mission Dolores to Santillan, that he (Santillan) may administer the temporalities of the mission.

In March, 1850, Santillan published a notice in a newspaper in San Francisco, which stated that the Governor, Pio Pico, on the 10th February, 1846, had granted to him all the uncultivated lands and all the unoccupied houses appertaining to the mission; that the grant was made and is recorded in the city of Los Angeles, and that it was written by Covarrubias, then secretary of the Governor; that in the month of January, 1846, an order had issued to the administrator of the mission, to put Jose Prudencia Santillan in possession of the temporalities of the mission, which was done; and that the grant, being made one month after, recognises and refers to this order of the Government, and provides that the possession under the order was for the purposes of the grant. This notice was designed to warn persons from trespassing on the land, or purchasing titles from the justice of the peace, acting in the capacity of alcalde in San Francisco. The grant itself was recorded shortly after in the county records of San Francisco; and in May, 1852, the claim was filed, with a petition demanding its confirmation, before the board of land commissioners, sitting at San Francisco.

In its support, four principal witnesses were relied on, namely: Jose Maria Covarrubias, Cayetano Arenas, Jose Matias Moreno, and Narcisco Botello. Covarrubias's deposition was filed with the petition. He was secretary of the Government when the grant bears date, and deposes that he wrote the document; that Governor Pio Pico signed it, and that he, Covarrubias, countersigned it as secretary; all of which was done in the secretary's office at Los Angeles, at the time the grant bears date. He says the paper there exhibited was one of those delivered to the party, and that he believes it is a substantial copy, if not a literal one, of an order of the Governor for the purposes therein stated.

Arenas states that he was employed as an officer in the office of the secretary of the Government; that he saw the grant now filed before the board of land commissioners, produced at the office of the secretary of the Government in the month of February, 1846, about the time it bears date. 'It is a document given out by the Government to padre Santillan.' He declares the signature of the Governor and secretary to be ginuine; that he saw the document made; also, that had the grant remained in the secretary's office, it is probable he should have seen it. Being asked whether a note of the grant was ever made in any book of titles, he answers that there were then only loose sheets of paper kept on which to note titles at Los Angeles, the regular book being at Monterey; and that a note of this title was made on said loose sheets of paper. 'I wrote the note of this title myself.' The sheets of paper were stitched together.

Moreno proves that he was appointed Government secretary as successor of Covarrubias, and came into office on the 1st day of May, 1846, and continued to act as secretary until the country was conquered in July following. He is asked on behalf of the claimant, 'Whilst acting as secretary, did you ever see a paper purporting to be a petition of Jose Prudencia Santillan for a grant of the land of the ex-mission of Dolores, or any other paper in relation to said grant?' and answers, 'I never did.'

He further states, that he had never seen any such grant, or any papers relating thereto. 'All I recollect is, that I saw the name of padre Santillan in the book in which the note of titles was taken; it was on the last page, but I do not know whether it was in relation to a grant or not. The book contained nothing but the notes which were taken of titles.

Narcisco Botello deposes, that he was a deputy of the Departmental Assembly during the first four months of 1846, and seved as one of the committee on public lands; and during that time the original expediente and grant made to Santillan, of the mission of Dolores and its lands, came up for action before the Assembly; that the title was duly submitted and approved. He swears to its confirmation in the most precise terms. To meet this evidence, it is suggested for the United States that the Assembly never acted on sales of land made by the Governor of mission property; and this may be true; but the grant to Santillan was not a sale of the mission of Dolores. It is in form an ordinary colonization grant, made according to the act of 1824 and the regulations of 1828, and under their authority; nor can the recital in it-that Santillan shall pay the debts of the mission affect the title. The title is vested, whether the debts were or were not paid. The petition and grant were undoubtedly proper papers to be submitted to the Assembly for approval.

Under the acts of colonization, the records of the Departmental Assembly in 1846, during the time that Botello says he acted on the committee of public lands, are well preserved. The different meetings and daily proceedings of that body are minuted in regular form, in the journals. From these it appears that its first session for 1846 commenced on the 2d day of March, and on that day Norega and Arguillo were appointed the committee on public lands; and in the session of the 4th of March, Senor Botello obtained a leave of absence for a term not exceeding three months. His absence is usually noted at the end of each day's proceedings, and his name does not again appear as an acting member until the 15th of June. On the first of July, he was elected temporary secretary of the Assembly, in the absence of Olvera, the regularly-appointed secretary. Botello certainly did not belong to the committee of public lands during the year 1846.

The first report of the Governor to the Assembly respecting the disposal of lands was of forty-five grants to sundry individuals, and was made the 8th day of May, and referred to the committee. The committee reported favorably, and the grants were confirmed in the session of June 3d. The decree of confirmation includes grants down to May 3d, 1846. That of Santillan is not among them.

The decrees of confirmation are distinct, regular, and definitive, and there is no reason to suppose that any grant that had been made was reserved from the Assembly. And, in addition, Moreno proves that, whilst he acted as secretary to Governor Pico, he never sent to the Departmental Assembly any expediente or grant of lands to Santillan. And as it was his official duty to do so, he can hardly be mistaken. We deem it true beyond controversy that Botello was not one of the committee on vacant lands; that the claim of Santillan was not presented to the Departmental Assembly; and that the statement of Botello, in his deposition of his official relation to this grant, is without any foundation in truth.

Covarrubias having stated that padre Santillan filed a petition for a grant of the mission lands of Dolores, and that Governor Pico made an order on which the grant was founded, it becomes necessary to inquire whether such petition and order ever existed in the archives; and secondly, the probability of their being lost, as not the slightest evidence now exists in the archives of any petition, order, or the record of a grant.

Moreno states that he took possession of all the archives, when he came into office as successor of Covarrubias. Arenas says this was the next day after Covarrubias had resigned, in February, 1846. Moreno states that it was on the 1st day of May, 1846. It is certain that Moreno submitted to the Assembly the titles confirmed in June. He proves that no such papers were ever seen by him; and as he was examined on behalf of the claimant to prove the authenticity of this grant, and whatever might conduce to that end; and as he was interrogated relative to the existence of papers properly connected with it, if authentic, and remaining in the public repository under his official care; and as he denies knowledge of the deposit or existence of such papers, his testimony raises a strong presumption that the requirements of the colonization laws were not complied with on this subject. We are confirmed in this opinion by the examination of other testimony.

Arenas says he took the name of the title and the number and date of the grant; that is to say, of the grant then before him, and then delivered to Santillan. But he says nothing of the petition nor decree conceding the land. All that Covarrubias states is, that there was a petition and decree of the Governor, on which papers the grant was founded. But he does not swear that they were filed or recorded.

As respects the probability of a loss of Santillan's title papers, Moreno proves, that when the United States forces suppressed the Mexican Government of California, in August, 1846, by order of Governor Pico, he deposited the archives belonging to the Secretary's office in boxes, and placed them in the house of Don Louis Vigines, in Los Angeles; and he knows nothing further of them. And Olvera proves that he made a similar deposit of the records of the Departmental Assembly at the house of Don Louis Vigines. This occurred about the 10th of August, 1846. He says that he then had expedientes in his charge as secretary of the Assembly. How many does not appear. Up to this time, it is not assumed that any documents were lost.

Commodore Stockton directed the removal of these archives, and for that purpose they were taken possession of by Colonel Fremont; and after some delay and some exposure, they were eventually delivered to Captain Halleck, of the United States army, at Monterey, then acting Secretary of State under the military Governor of California. Captain Halleck proves that, when delivered to him, they were in a bad condition, being much torn and mutilated. They were shortly after arranged, numbered, and labelled.

It is a historical fact, that the expedientes and grants made for some ten years before the year 1846 are referred to in an index, and in a register known as the Toma de Razon-the former made by Manuel Jimeno, who was the Government secretary before Covarrubias. And as the title papers to which reference is made in this index, and the register, are found in the archives as they now exist, it is reasonable to suppose that those expedientes made in 1846 were carried with equal safety, as they came into Colonel Fremont's hands, according to the testimony of Moreno and Olvera, in the same condition; and, according to the testimony of others, they were transported in the same manner, and were continued in the same custody; and it is true, that the expedientes of 1846 are apparently as well preserved as the others; but from the loss of the Toma de Razon, and the absence of a contemporary catalogue like Jimeno's index, we have not the same assurance of their entire existence.

Be this as it may, the claimant was bound to prove that records showing a substantial compliance with the laws of colonization did exist when the copy he produces was given to Santillan before he could be heard to prove their loss and their contents.

In deciding on this controversy, we are to be governed by the laws and usages of the Mexican Government administered in the Department of the Californias (as respects the granting of lands) before the conquest of the country, and according to the principles of equity. These are the rules prescribed by the act of March 3, 1851, sec. 11.

The laws and usages applicable to this claim are found in the regulations of 1828.

Lands were to be granted 'for the purpose of cultivating or of inhabiting them;' and the mode of obtaining a grant is prescribed to be by an address to the Governor, setting forth the petitioner's name, profession, &c., describing distinctly, by means of a map, the lands he asks for. Then the Governor was to obtain the necessary information whether the petition embraced the legal conditions, both as regards the land and the applicant. This being done, the Governor was required to proceed to make an order for the formal grant to be drawn out, which he should execute.

Sec. 11 directs that a proper record shall be kept of all the petitions presented and grants made, with maps of the lands granted.

This record is the evidence of grant. It being made, the Governor (sec. 8) shall sign a document, and give it to the party interested, to serve as a title, wherein it must be stated that said grant (to wit, the record) is made in exact conformity with the provisions of the laws. In virtue of this document issued to the party, possession of the lands shall be given. But the document is not sufficient of itself to prove that the Governor has officially parted with a portion of the public domam, and vested the land in an individual owner. This must be established before the board of commissioners by record evidence, as found in the archives, or which had been there, and has been lost. The titulo given to the party is merely a certificate by the Governor of the acts that have been done in the regular course of official procedure towards the disposal of a part of the public domain. Among individuals, this certificate serves the purpose of evidence. But when the Government institutes inquiries in reference to the subject, it is entitled to require the production of that official record, which it has prescribed to its officer, for its own security, and as a necessary condition of a legal administration, and a necessary precaution against fraud. That a petition was presented by Santillan is stated incidentally, but indistinctly, by a single witness, (Covarrubias;) and this unsatisfactory statement is disproved by the absence of the record and the evidence of his successor, Moreno. The claim, as presented to the board of commissioners and the District Court, has no legal foundation to rest upon.

The degree of record evidence which is required to support a claim of the above description is considered and adjudged in the case of Cambuston, (20 How., 59,) and more at large in the decision made at this term in the case of Fuentes against the United States; so that a further consideration on that head is not required in this case.

Such being the legal condition of this claim, the next question is, how does it stand on its equities?

The grantee is one of the eighteen secular priests who were in California. He arrived at the mission of Dolores either in 1844 or 1845, probably in the latter year. He was of Indian extraction, and in necessitous and distressed circumstances. A number of witnesses say he subsisted on alms. A grant to a priest for his own benefit is a singular fact in California. The bishop elect since 1850 says: 'I learned that padre Santillan obtained a grant of land from Governor Pio Pico. I know of no other instance excepting this, and have heard of no other case in which the grant has been made to a priest personally, and for his own benefit.' Berreyesa, when pressed for the reason for the retention of a casual conversation in his memory for so long a period, says: 'It was an unusual thing for a mission to be granted to a padre, for it was thought that the padres could not hold such property, and it seemed strange to me.'

But the grant was made to this necessitous padre upon the primary condition that, 'in consideration of this grant, he shall pay the debts of the mission which exist up to this time.' It would seem that a grant of land with such a condition, to such a person, was a vain thing. There is no testimony to show what the amount of the debt assumed by Santillan was, to whom it was owing, when and how it was contracted, or what security was required for its payment. Neither Pio Pico nor Covarrubias afford the slightest information of the manner in which the consideration was to be paid.

Until the spring of 1850, none of the large community then building up a city on the land in dispute had any suspicion that this poor man claimed to be owner in his own right of ten thousand acres of land, with an outer boundary including three other grants, and embracing nearly thirty thousand acres.

He had made some claim for the church as a priest and administrator of the mission, and had caused the papers of the mission to be examined by a competent lawyer, and endeavored to repel intruders at his door by some title which he supposed might exist among the documents of what had been an important missionary establishment. No title was found which vested this property in the church, and superseded the public title; and then this claim was first made known to the public.

There were at that time a thousand settlers on the land claimed, holding their possession and titles by purchases made from a justice of the peace, appointed under the authority of the military Government of the United States in California, and who professed to make grants not exceeding fifty varas square, but with a reservation of the claims of individuals and that of the United States. Of course, these claimants expected to receive an acknowledgment, or some recognition, of their title by the United States. The padre Santillan seems to have been much excited by his contest with these occupants. In September, 1849, he constituted O'Connor, an attorney at law, and Salmon, a merchant, his attorneys, and authorized them to enter into possession, for the uses and benefits of the mission of Dolores, and of which he was pastor, of lands, tenements, and hereditaments, that he had a right to enter into, possess, and enjoy, and the same dispose of by lease, for the benefits and objects of the mission, with all the powers that he possessed by virtue of his pastoral care and tutorship, in his own right and the rights of others represented by him. 'He also empowered them to ask, demand, recover, and secure, the sum or sums of money now due or owing for occupancy and use of the lands, houses, tenements, and hereditaments, belonging to the parties represented by him, or belonging to him, by virtue of his office.'

The attorney mentioned in this deed is a leading witness to discredit the genuineness of the grant.

He had no notice or imagination of its existence when this power was accepted. In November, 1849, the padre Santillan, with Dr. Poli, made a journey to Santa Barbara, the place of residence of Covarrubias, and on his return intimated to his friends 'that he had been to the Governor, and that the Americans could not rob the church any longer;' that he had the paper, 'in which were all his hopes;' 'that he was well off;' and used other exultant expressions, which denote that the acquisition of the deed was newly made, and that a great change was effected by it in his condition and feelings. In the month of March, 1850, he announced to the public of San Francisco that such a grant was in his possession, with other circumstances before detailed, and in the month of April conveyed the land to the claimant.

The testimony does not disclose what was the depository of this grant in Santa Barbara, nor when nor under what circumstances it was placed there, nor under what circumstances withdrawn. Neither Santillan nor Dr. Poli have been examined as witnesses; nor was Pio Pico interrogated in reference to the authenticity of the grant.

There is no proof to show that any of the conditions of the grant have been fulfilled. The testimony as to the payment of any portion of the mission debts is vague and unsatisfactory. There was no judicial possession sought or obtained, and no claim made for the land as the grantee thereof, to give the community at large any information concerning it.

Our opinion consequently is, that the validity of the grant has not been sustained, and that the decrees of the board of commissioners and the District Courts are erroneous and must be reversed, and that the cause be remanded to the District Court, with directions to dismiss the claim.


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/1977

 ccxxvi INDEX. Public Debt SeTfJice, TrelUury Depart- p. . .. ment-Continued. appropriation for distinctive paper_ 166,1032 deficiency appropriationfor _______ 935,1618 for distinctive paper_ _ _______ ____ __ 1653 amount immediately available for dis- tinctive paper for United States and national bank currency____ 915 Public Health H08pitaU (8ee Marine Hos- pitals). Public H ialth, I ntemational Office oj, appropriationforannualquota______ 72,1103 Public Health Senoice, Treaaury Depart- ment, appropriation for civil personnel, Office of Surgeon GeneraL________ 173,1039 for pay, etc., Surgeon General, medi- cal officers, etc_____________ 173, 1039 for acting assistant surgeons_____ 173,1039 for all other employees _ _ _ ______ 173, 1039 for freight, travel, etc __________ 173,1039 transporting remains of officers, etc., dring in service _______ 173,1039 for Hlgleruc Laboratory________ 173,1039 for SCIentific books, etc_________ 173,1039 for medical examinations, hospital services,etc _______________ 174,1039 inspectionofaliens ___________ 174,1039 beneficiaries of, etc., other than Veterans' Bureau patients, etc __ 174, 1039 general expenses; furnishing, uni- forms, etc_________________ 174, 1039 receipts by Immigration Service to becoveredintotheTreasury_ 174, 1039 restriction on use_____________ 174, 1040 forquarantineservice___________ 174, 1040 for prevention of epidemics ______ 174, 1040 for field investigatlons __________ 174, 1040 for interstate quarantine service __ 175, 1040 for rural sanitation studies; condi- tional demonstration work, etc__ 1751 104u local cooperation required_____ 175, 1040 forre~ulatingsale of viruses, etc__ 175, 1040 for Division of Venereal Diseases_ 175, 1040 for control of salt marsh mosquitoes, in Southern States____________ 175 for allotments of Veterans' Bureau for details from ____________ 587, 1246 deficiency appropriation for hospitals, personnel and maintenance _____ 31, 44, 161~ 1622, 1654, 1671 for prevention of epidemics_ 31, 42, 48,1619 for quarantine service_____________ 31, 48, 916,935,1619,1671 for care of seamen, etc______________ 42 for hospitals_______________ 42,48,935,937 for freight, transportation, etc______ 42,48 for pay of other employees________ 48,935 for field investigations ____________ 48,935 for bygienic laboratory___________ 48, 1619 for medical and hospital services_ __ 48, 935 for salaries, etc., transferred from Veterans' Bureau_____________ 48 for rural sanitation studies______ 916,1654, for control of biologic products_ _____ 1619 for pay, etc., medical officers and pbarmacists__________________ 1654 for acting assistant surgeons_ ___ __ _ _ 1654 for narcotic farms________________ 1654 for salaries, 1929, under__________ 1688 creation of Narcotics Division in, to have charge, etc., of the narcotic farms___ •••• _ __ ._. ___ ___ ___ _ 1086 Public Health SeTfJice, TTelUury Depart- Pap. ment--Continued. details of medical officers of, for work with Mines Bureau ________ 103,1133 retired Coast Guard officers and en- listed men entitled to treatment at hospitals, etc., of-______ _____ 603 Public Landa, appropriation for Commi89ioner of the General Land Office, and office personneL ________________ 202,1564 for general expenses ___________ 202, In64 for surveyin~, etc______________ 202, 1565 metal section corners_ ___ _____ 203, 1565 Alaska national forests___________ 1565 allotment for revested Oregon and California and Coos Bay Wagon Road lands _______________ 203, 1565 oil and oil shale lands ________ 203, ~565 not available in States advancing money therefor ____________ 203,1565 reimbursement for surveys not chargeable hereto __________ 203,1565 for registers ___________________ 203,1565 for contingent expenses; restriction_ _ 203, 1565 for opening new land offices, etc_ 203, 1565 for expenses, timber depredations_ 203, 1565 for protecting, from fraudelent en- tries______________________ 203, 1565 for swamp land claims ____ .. ___ _ 203, 1566 for fighting forest fires, etc_ _____ 203, 1566 for opening Indian reserv/J,tions_ 203, 1566 for expenses, hearings in entries_ 203, 1564 deficiency appropriation for registers and receivers_________________ 46 for contingent expenses____________ 46 for protecting, etc_________________ 46 for registers___ _ _________ ____ ____ __ 1637 acceptance of, from Governor of Idaho, and patent for, issued to city of Buhl________________________ 644 added to Absaroka and Gallatin For- ests, and Yellowstone Park_____ _ Bryce Canyon National Park______ _ Challis National Fores~t Idaho ____ _ Challis and Sawtooth ~stional For- 603 147 415 ests, Idaho____________________ 415 Crater National Forest, Oreg______ 450 revested Oregon and California grant lands within area included_ 450 Gunnison National Forest, COlo____ 4B'l Idaho National Forest____________ 415 Missoula National Forest, Mont_ 59~ 1426 Montezuma National Forest.!.Colo_ _ 711 additional, added to Missoula ~ational Forest, Mont., description cor- rected_______________________ 1426 grant to Alaska for Agricultural College and School of Mines_ __ _ 1091 adjustment of claims for, in Lake County, Fla__________________ 619 Alaska abandoned military, etc., res- ervations to be sold under laws of, applicable thereto__________ 371 authorization for homestead entries in Yellowstone National Forest re- pealed_______________________ 622 coal prospecting permits may be ex- tended two years_____________ 251 applicable to expired, subject to intervening rights_____________ 251 compensation of registers of land offices_______________________ 684 at Juneau, Alaska_______ :_ __ __ __ _ 684

�


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


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/1978

 Public Lande-Continued. conveyances from Central Pacific Rail- way Company in San Joaquin County, Calif., of land grant, legalized ____________________ _ desert land entry by Charles G. Jarrent to ~ve patent____________ _ entrymen to have .patent, if no prospect of secunng water, on paying designated sums______ _ exchange of, authorized with Gunnison- Mayfield Land and Gruing Company for addition to Manti National Forest, Utah________ _ designated lands to be added to Larsen Volcanic National Park_ for lands for Bear River Migratory Bird Refuge in Utah__________ _ for privately owned lands within Lin- coln National Forest, N. Mex., for adding thereto____________ _ in Box Eider County, Utah, for State lands, for experimental sheepgrowing_______________ _ with Oregon, for recreational pur- poses, extended to rev8sted Oregon and California Rail- road and Coos Bay Wagon Road land grants____________ _ unreserved for State lands of Mon- tana, lor grazing leases, etc___ _ grant of additional lands to Arizona f,)r disabled miners' hospitaL __ to Utah for disabled miners' hospital ____________________ _ lot in Lopez Island, Wash., abandoned military reservation, to San Juan County for public park granteiuJr:uS:ii"ui~ - Ut~h: - to--pTarmstroBot (talk)i water supply ________________ _ Cabazon Water Company, Riverside County, Calif., for water supply_ Centerville, Utah, to protect water supply _____________________ _ Idaho for fish culture____________ _ Mendon, Utah, to protect water NewsuUi~c~'- -for--~i~bufsi~g-d-;,: signated counties, etc., for interest paid on designated bonds,etc __________________ _ reimbursing Silver City_________ _ remainder, etc., added to State schoolfund _________________ _ selection and disposal of lands ___ _ determination of distribution ___ _ South Dakota fot park purposes, in Custer State Park ___________ _ homestead entrymen in designated counties in Colorado, unable by incursion of crickets or grass- hoppers, to maintain required residence, not subject to contest therefor ____________________ _ rights ~tB:blished on termination of Invaslon__________________ _ entries heretofore canceled reinstated, If leave of absence warranted__ _ residence counted only when actually on the land _________________ _ in Faulkner County, Ark., released to equitableowners____ - _- - - - - - - - isolated tracts in Oklahoma may be sold byauction__________________ _ INDEX. CCXXVll Pap. 1428 1156 1548 370 644 1186 1154 1188 429 1430 1252 1252 1091 452 435 453 1142 451 775 775 775 775 775 501 1157 1157 1157 1158 1187 457 Public Land_Continued. isolated tracts; not exceeding a half sec- tion ma, be sold at auction after 30 days notice ____________ - -- sale to adjoining owner allowed of mountainous or rough quarter sections______ - - -- -- - no valid rights defeated ________ _ lease of, to Parco Wyo., for public aviation field__ - --- -- -- -- - - --- to Yuma County, Aria., for munici- pal aviation field ____________ _ leases of, for public airports, authorized_ leasing, etc., of deposits of sodium compounds on 1 modified ________ · of lands for grazmg by stockmen, authorized by cooperative a~ ment with Montana and private owners in designated area_ - - -- mineral entries allowed on, with- . drawn &8 watering places for stock-raising homesteads __ - - - - - Oregon granted designated islands for parkpu~ _______________ _ patent authorized to Bozeman, Mont__ to California of described lands after dedication thereby of Calaveras Big Tree Groves &8 a State park -- holders of title for more than 20 years, having improved, etc., thereof; paYlllent re~uired____ - - - -- -- issue to Lillian Badger____________ _ to Parker I-See-O Post aU American Indian Legion Lawton, Okla., in Comanche County_________ _ to James C. WIDox _____________ _ pavingl,..etc., International Street on Mexican frontier, authorized, near Nogales, Ariz ___________ _ prospecting permits for oil and gas on, extended two years, if existence under, not determined ________ _ extended to expired, subject to interveningnghts____________ _ quitclaim to Paris M. McPhetridge____ _ relinquishment of title to, in Washing- ton County, Ala., claimed by Seth Dean __________________ _ reservation of lands in Utah for use of Kanosh Band of Indiana______ _ reserved for Pueblo Indians in New Arexico _____________________ _ right of way granted across, to Imperial County, Calif., for highway pu~- sale authorized of designated accreted lands in Mississippi and Louisi- ana, no1; lawfully appropriated under public land laws________ _ preference right of owners to file application for purchase ______ _ proof of ownership! etc., required__ appraisals to be maae upon filing of application __________________ _ exclusive of increased value by development, etc., by applicant_ patent to applicant, on receipt of notice of appraisal, and payment of appraised value_ .. . ___ ____ __ _ proceeds to be covered into the Treasury under land laws_____ _ patent bued on application in case of unperfected entry on which final proof has not been submitted. __ issue of, on completing entry ____ _ Pap. 253 253 253 448 149 7~8 1019 380 1144 148 1405 428 1188 1157 1091 1157 589 252 252 1157 972 1161 717 249 422 423 423 423 423 423 423 423 423

�


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/1979

 cc:xxviii Public Land-Continued. sale authorized of designated aooreted lands in Mississippi and Louisi- . ana; rules, etc., to be ~cribed__ set aside in Inyo Coun~, Calif., for Indiallll of Indian Ranch______ _ for Indians of Walker Reservation __ at Koosharem Utah, for Koosharem Band of hdianll, ____________ _ for Paiute and Shoshone Indians, at Summit LakeI...Nev __________ _ setting.apart of, for .nadlands National Monument,8. Dak___________ _ for Grand Teton National Park, Wyo________________________ _ stock-raisi!lg homestead entry of Edwin T. Pfister, to be patented_____ _ James R. Rice,patented__________ _ Carolina Salazar, validated________ _ Vera M. Watts, validated_________ _ timber sales authorized on revesteQ timber lands and &g!icultural lands of Oregon and California Railroad and Coos Bay Wagon Road grants________________ _ rules for cuttinS to be prescribed___ _ time extended for determining titles to lots in Pensacola, Fla________ _ further extended for paying install- ments due on ceded lands of Cheyenne River and Standing Rock Reservations, N. Dak., and S. Dak_____________________ _ town site of Saint Marks, Fla., to be surveyed into lots, etc., ap- praised, and sold at public auction_____________________ _ lands for cemetery and public park reserved ____________________ _ tract reserved for sole use and benefit of San ndefonso Pueblo Indians_ tracts of, not in excess of 160 acres, held in good faith by citizens, in peaceful adverse poa.session for more than 20 years,l7l8Y be pat- ented to claiDiant ____________ _ payment required______________ _ if area in excess, subdivision to be determined by the Secretary___ _ minerals contained therein reserved to United States _______. . __ _ __ _ disposal of, under leasing laws___ _ consideration of adverse claims ____ _ appraisal, etc., of lands on applica- tion for purchase there'lf______ _ basis of, etc___________________ _ use of, for electric transmiB8ion lines under Boulder Canyon Pr0- ject Act______________________ _ withdrawal from public entry of, found to be irrigable by: works author- ized by Boulder Canyon Project Act_________________________ _ to be opened under reclamation law_ preference to persons serving in World War, etc______________ _ withdrawal of, directed from watershed of Rio Pueblo de Taos, N. Mex_ withdrawn from ent!Y, site of battle between Ne.l Perces and Army under Nelson A. Miles _______ _ from mining entries, for reforesting watersheds in l..os AngeleB County, Calif_______________ _ INDEX. Pqe. 423 162 160 162 160 1553 1314 1156 1157 1157 1157 597 597 365 25( 254 1161 1069 1069 1069 1069 1069 1070 1070 1070 1061 1063 1003 1063 372 621 956 Public Library, D. C ., Pap. appropriation for personal services__ 648. 1265 for substitutes, temporary services etc_______________________ 648, 1265 station restrictions; exception__ 648, 1265 for Sundav and holiday opening __ 648, 1266 for books; periodicals, etc_ ______ _ 648, 1266 advances for book, etc., purchases_ ~1 . boo for binding____________________ 648, 1266 for contingent expenseII- 648, 1266 for acquiring Bit. for northeast branch____________________ 648,1266 for rent, Chevy Chase and Wood- ridgebranches____________ ~ _ __ 1266 Public M OM1/IJ, appropriation for contingent espen.ses.. _ 166, 1031 Public Moo'1llJ, Public Landa, clerk in General Land Office may be designated to act for Commis- sioner as receiver of, in absence of regular depoaitary_______ 202,1664 Public Printer, appropriation for, Deputy, and office personnel _________________ 530,1399 directed to deliver Supreme Court Re- porta to Attorney General, upon request______________________ 1144 salary established of, and Deputy Public Printer________________ 1006 Public Printing and Binding (su also Government Printing Office), appropriation for working capital for authorized work ___________ 630,1399 for Government Printing Office, sal- aries,etc _________________ 530,1399 for neceB8&rY employees ________ 530,1400 for paying salaries for holidays etc_______________________ 530,1400 for leaves of absence ___________ 530,1400 for general expenses_ ___________ 530, 1400 inks, glues, etc., made at Govern- ment Printing Office may be sold to departments, etc ____ 530,1400 forindexingCon~onalRecord- 530,1400 for Government Printing Office __ 530,1400 fol' Architect of the CapitoL _____ 530, 1400 for Superintendent of Documents_ 531, 1401 for Department of State _________ 64, 1096 fol' Pan American Union_________ 71, 1102 for DepaIiment of Justice _______ 77, noa for Supreme Court______________ 79, 1109 for Court of Claims _____________ 79, 1110 for Department of COmmerce ____ 84,1115 for Patent Office ________________ 84,1115 for Department of Labor _______ 106,1136 for Treasury Department_______ 164, 1030 for Budget Bureau____________ ,_ 167,1033 for Post Office Department_____ 187,1050 for Interior Department________ 202,1564 for War Department___________ 327,1350 tor Library of COngress _________ 529,1399 for Department of Agriculture___ 541, 1191 for Executive Office ____________ 573,1230 for Arlin~on Memorial Bridge Com- miBBlon ___________________ 57~ 1232 for Board of Mediation_________ 575,1233 for Board of Tax Appeals _______ 576, 1233 fvr Efficiency Bureau____ :. _ __ _ _ _ 576,1233 fur Civil Service Commission ____ 576, 1234 for Commission of Fine Arts_ ___ 577, 1234 far Employees' Compensation Com- ~on ___________________ 57~ 1235

�


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/1980

 INDEX. ccxxix. Public Priming and Binding-Continued. l'~. appropriation for Federal Power Com- mission___________________ 579,1236 for Federal Radio Commission___ 579, 1236 for Federal Trade Commission ___ 579, 1237 for General Accounting Office; de- cisions of Comptroller Gen- eral______________________ 580, 1237 for Housing COrporation________ 580,1238 for Intel-state Commerce Commis- mon ______________________ 582,1240 for National Advisory Committee for Aeronautics____________ 582,1240 for Office of Public Buildings and Public Parks of the National Cap,ita!.. --- -- ____ 583,1241 for Smlthsonian Institution; Ameri- can Historical Association _ _ 584, 1242 for Shipping Board____________ 585,1243 for GeOgraphio Board__________ 585,1243 for Tariff COmmission__________ 585, 1243 for Veteran!!' Bureau___________ 588,1246 for Navy Department and Navy_ 643, 1471 for District of COlumbia________ 649, 1267 for District Supreme Court and Court of Appeals __________ 671,1288 for Alaska Railroad_______________ 1604 for additional building, Government Printing Office________________ 1044 deficiency appropriation for Library of COn~ ~ 1624 for Employees' Compensation Com- udsMon______________________ 5 for InterstateCommerce CommisMon_ 6 for Tariff COmudsMon_____________ 6 for supreme court and court of ap- for ~':t~;n~-~iju~tice-~:-47:i6i7, 1aJ for Department of Commerce______ 896 for Court of Claims_ ______________ 905 for Tariff Commission, 1929________ 1628 for Department of State_ __________ 1651 authorized of Official Papers of the Territories___________________ 1412 estimates, etc., required for Congres- sional work _______________ 530, 1400 payments by departments, etc., for work ordered _____________ 531,1401 monthly or quarterly adjustment of _______________________ 531,1401 to be credited to working capital for printing and binding ____ 531,1401 all estimates for, to be included in the Budget in a single item for each Department, etc___________ 531,1401 details required if part of other items____________________ 531, 1401 not applicable to Engraving and Printing Bu~u ___________ 531,1401 restriction on paying detailed em- ployees ___________________ 531,1401 salaries of Public Printer and Deputy Pablic Printer established______ 1006 Public Reservatione, D. C., appropriation for sidewalks and curbs around ___________________ 65~ 1273 Public Roads Bureau, Department of Agriculture, appropriation for Chief of Bureau, and office personneL ___________ 560,12ll for expenses of inquiries of systems, operations,etc_____________ 560,1211 for methods, materials, etc______ 560,1211 for experimental highwa~s, etc__ 560, 1211 for farm irrigation investlgations_ 560, 1211 Public Road. Bureau, Department of Agri- Pap. culture-:Continued. appropriation for drainage of farms swamps, etc.; plans, etc_____ 560,1211 for mvestigating farm domestic water supply ___________________ 560,1211 deficiency appropriation for Mount Vernon Memorial Highway, Va_ 895 for general expenses_______________ 933 for salaries, 1929_________________ 1678 authorized to surve!., and report on the cost of bndges on Overseas Highway, from Key West to the ~d____________________ 591 Public 8choo18, D. C ., . appropriation for salaries, administra- tive and supervi!lory officers_ 660, 1276 for clerks ar.d other employees__ _ 660, 1276 for personal services, department of school attendance, and work permits___________________ 660,1276 restriction on appointments______ 1276 normal schools expanded into Teachers' COlleges____________ 1276 for teachers and librarians ______ 660,1276 restriction on soliciting subscrip- _ tions _____________________ 660,1276 for vacation schools and playgrounds_ 660, 1277 for retirement pay _________________ 660, 1277 for night schools, salaries; contingent expenses__________________ 660, 1277 for deaf, dumb, and blind_______ 661, 1277 for Americanization work and in- _ structing foreigners ________ 661,1277 for community center department___ 661 .. 1277 for care of buildings and grounds_ 661, 1278 for smaller buildings and rented rooms; atypical classes_____ 661,1278 for schools for tubercular pupils__ 661, ~ 278 for transporting crippled pupils______ 1278 for manual, etc., tralDing expenses__ 661, 1278 for fuel, light, and power________ 661, 1278 for furniture, etc_______________ 662,1278 !dorgan School_________________ 662 McKinley Technical High_______ 662 Langdon SChooL_______________ 1278 Burrville SChooL________________ 1278 old Bell and Cardozo Schools, new equipment___________________ 1278 Francis Junior High_____________ 1278 health school for colored pupils___ 1278 E. A. !laul Junior High__________ 1278 building at Nineteenth Street and Columbia ltoad_______________ 1278 building on Grant Road__________ 1278 Fourteenth and Upshur Streets___ 1278 Raymor..d SchooL_______________ 1278 for McKinley Technical High, equip- ~ent,etc- ___ 1278 for contingent expenses _________ 662,1278 for office appliances, etc., Business . H igh and Cardozo High________ 1278 for additional furniture, etc., for nonnal schools_______________ 1278 no bond required for Army supplies to cadets__________________ 662,1278 for textbooks and supplies to pupils_ 662-l 12711 for kindergartens; school gardens, etc_______________________ 662, 1279

�


text:
Adams v. Norris

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

It was an ejectment brought by Adams and Grimes, citizens of Massachusetts, against De Cook and Norris, to recover a rancho in California. The amended complaint reduced the parties to Adams, plaintiff, against Norris, defendant.

Adams claimed, as representing the heirs at law of one Eliab Grimes, and Norris under a codicil to the will of Grimes. The question therefore was, whether the will should stand.

Grimes, who was a Mexican citizen by naturalization, made a codicil to his will in 1845, by which he devised the rancho to his nephew, Hiram Grimes, under whom Norris claimed. The codicil was signed by himself and executed 'before me, in the absence of the two alcaldes.

'ROBERTO T. RIDLEY, Sindico.

'Witnesses: NATHAN SPEAR.

GUILLERMO HINCKLEY.'Upon the trial, the plaintiff made out his title, when the defendant offered the original will and codicil in evidence, the will never having been probated.

The witnesses were all dead. Hinckley died in 1846, Spear in the fall of 1849, and Ridley in April, 1852. Grimes, the testator, died in November, 1848.

The first exception was as follows:

The plaintiff admitted the genuineness of the signatures to the documents A and B, and they were given in evidence without objection; but the plaintiff objected to the admissibility of document C, upon the following grounds:

First. Because a paper offered in evidence as a will or codicil without probate, and which has never been duly probated, cannot be admitted in evidence for want of such probate, and does not become a will until probated.

Second. Because the courts of the United States have no probate jurisdiction; and no document or paper purporting to be a will can be probated in any court of the United States.

The court overruled the said objections, and admitted the said document to be given in evidence, and permitted the defendant to offer proof of the execution of said document, the the same not having been admitted to probate by any probate or other court.

The complainant then and there immediately excepted to the ruling of the court, and the exception was then and there allowed.

It would be tedious to follow the trial through the numerous points made, prayers to the court, and rulings thereon; and unnecessary, because the substance of them is stated in the opinion of the court. The jury found for the defendant, and the plaintiff brought the case up to this court.

It was argued by Mr. Benjamin and Mr. Cushing for the plaintiff in error, and by Mr. Johnson and Mr. Stanton for the defendant.

The California cases referred to in argument were the following:Panaud v. Jones, 1 California Reports, 497.

Castro v. Castro, 6 California Reports, 158.

Grimes's Estate v. Norris, 6 California Reports, 621.

Tevis v. Pitcher, 10 California Reports, 465.

1 McAllister's Reports, (this case,) 253.

The arguments of the counsel upon both sides, investigating minutely the provisions of the Hispano-Mexican law in force in Mexican California, and referring to the authorities upon that branch of jurisprudence, would not be interesting to the generality of the readers of this volume, and are therefore omitted.

Mr. Justice CAMPBELL delivered the opinion of the court.

title: Adams v. Norris


text: Talk:Adams v. Norris

title: Talk:Adams v. Norris


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/1981

 CCnK INDEX. Public SchooZ" D. C . - Continued. p .... appropriation for kindergartens; pay- ments to teachers in nature atudy,etc- 662,1279 for a:~t_01:32, 25 September 2010 (UTC)~:..TarmstroBot (talk)en~2, 1279 free tuition to children of Army, Navy, etc., outaide the District_ 662.1 12711 for improving school grounds; funds available; day labor, etc____ 662,1279 for repairs, etc., to buildin~ _____ 662,1279 for refitting ola McKinley High and Shaw Junior High__________ 663, 1279 for rent_______________________ 663, 1279 for playgrounds, maintenance, etc_ __ 663 .1 12711 I for :cleTarmstroBot (talk) 01:32, 25 September 2010 (UTC),_~_TarmstroBot (talk);_::a, 1279 for buildings and grounds_______ 663, 1279 for construction, McKinley Technical High________________________ 663 for building on Grant Road________ 663 for construction, E. A. Paul Junior High, Brightwood_____ '" __ _ _ 663, 1279 at Fourteenth and Upshur Streets_ 663 for Takoma School, JtYJD,D&Sium, etc__ 663 for Raymond Schoof; addition______ 663 for elementary school at Nineteenth Street and Columbia Road__ 663, 1280 for Wheatley School} gymnasium and 88S8D1bly hall; funds available__ 663 for Francis Junior High addition___ 663 for Burrville School, addition_______ 663 for S. J . Bowen School, addition____ 664 for building, to replace old Bell p..nd Cardozo SChools ___ ,_ __ __ __ __ __ 664 for athletic field for ~oint use of Lang- ley Junior High and McKinley High________________________ 664 for construction, John Eaton SchooL 1279 for junior high building in Reno_____ 1279 for junior high, near Kingsman build- ing__________________________ 1280 for new health school for colored pupils_______________________ 1280 for new buildiJut for Business Hi~, adjoining "Macfarland Jumor H~gh_ ______ __ ____ ___________ 1280 disposition of old building________ 1280 for Park View School, addition______ 1280 for Buchanan School, addition______ 1280 for Dunbar High, stadium SeId____ 1280 disbursed as one fund; restricted to specified buildings_________ 664,1280 contract requirements ________ 664, 1280 for building and playground sites___ 664 health school for colored pupils, site_ _ _ ___ ___ _______ ____ __ ___ 664 site for building to replace old Bell and Cardozo Schools_ _________ 664 restriction on purchase price___ 664, 1281 unexpended balances continued available, etc______________ 664, 1281 for extensible building on Grant Road; funds available_________ 1281 plans to be prepared by municipal architect, etc______________ 664, 1281 exit doors to open outward, etc.; u!1locking required _________ 665, 1281 for hygiene and sanitation work in__ 668, 1285 Public Schooll, D. C .--Continued. deficiency appropriation for Garnet- Patterson School, addition; funds available______________ _ for West School l equipment _______ _ for Petworth Scnool, addition _____ _ for expenses of playgrounds during p .... 8 9 9 summer______________________ 659 for securing actuarial data, teachers retirement___________________ 886 for Langley Junior High, equipment, etc_________________________ _ for building, Potomac Heights _____ _ for Western High, athletic field ____ _ 890 890 890 for acquiring land near Peabody School_______________________ 890 for athletic field, Dun~ High____ _ 891 for fuel, light, and power__________ 1629 for salaries, 1929_________________ 1692 Board of Education members not per- sonally liable in damages for official actions tbereoL________ 1139 employment of landscape architect for treatment of grounds of Langley Junior High and McKinley High Schoow______________________ 890 junior high school teachers, salary schedule repealed_____________ 1343 eligibility requirements, etc., fo!z to be established by Board of .l!idu- cation _______________ - - -- - - - - 1344 promotion ~rovisions not applicable to, dunn'S fiscal year 1924_____ 1344 trade teachers given credit for experi- ence in the trades the same as in teaching__________________ 1344 Public Utilitiu, appropriation for investigating stand- ards of measurements of, etc_ 91, 1122 deficiency appropriation for investigat- ing standards ot._____________ 46 Public Utilitie, Commullion, D. C., appropriation for two commissioners, people's counsel, and other personal services___________ 647,1265 for incidental expeDSE'.8 __________ 647, 1265 Public Welfare, D. C., Board of, appropriation for salaries_________ 671,1288 allowance for quarters, etc., to offi- cials continued_______________ 1288 for division of child welfare _______ 671, 1288 receiving, etc., home for children under 17 years of age_______ 672,1288 for support of jail prisoners_ _____ 672, 1289 for workhouse and reformatory_ _ 672, 1289 for additional land for reformatory _ _ 673 for working capital fund for indus- trial purposes_________________ 674 for National Training School for Boys _____________________ 674, 1290 for National Training School for Girls _____________________ 674, 1290 for medical charities___________ 674, 1291 for Columbia H~itaL 675. 1291 for Tuberculosis HospitaL ______ 675, 1291 for Gallinger Hospital __________ 675,1291 for District Trainmg SChooL ____ 676, 1292 acquisition of additionalland____ 1292 for Industrial Home School for Col- ored Children _____________ 076, 1292 for Industrial Home SChooL ____ 676,1292 for Home for Aged and Infirm___ 676,1292 for municipal lodging house, etc_ 676, 1293 for Grand Army Home _________ 676,1293 for Florence Crittent.on Home ___ 676,1293

�