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Page:United States Statutes at Large Volume 45 Part 1.djvu/1948

 INDEX. cxcvii Ojficer" Ar"'riontinued. Pare. appropriatIOn for retired __________ 329,1353 for retired. on active duty ______ 329, 1353 for rental allowance____________ 329,1353 for subsistence allowance ________ 329,1353 for additional pay to, furnishing their own mounts _______________ 329,1353 limitation after June 30, 1930____ 1353 for mileage, etc________________ 330,1353 for private property damages____ 330, 1354 for disposal of remains oL ______ 354, 1375 recovery of bodies ___________ 355,1375 deficiency appropriation for mileage __ 42, 49, 938, 1619 for disposition of remains, etc_ __ 936, 1672 for reimbursements for certain rent- als in Philippines_________ 1623,1674 acceptance authorized by designated, of decorationa tendered by foreign governments in appre- ciation of services rendered_____ 745 credited for active duty in Philippine Constabulary, as to retirement, pay, etc______________________ 720 emergency retired list created of persons serving in World War, as officers other than of Regular Army, hav- ing incurred physical disability__ 735 Medical Corps, credited for active serv- ice in Medical Reserve, etc., for computing longevity, etc_______ 996 pay forbidden to retired, selling sup- plies, etc., to the Army or De- partment_________________ 330,1353 to, retired before reaching 64, em- ployed by parties making direct sales to Department or Army 330,)353 payment of expense for recovery of • bodies of, authorized __________ 248 period pay of commiBBioned warrant___ 1187 total pay, etc., of commiBBioned warrant 1187 maximum allowed________________ 1187 no reduction of any person now in service_ _ __________ _______ ___ 1187 Officers, Manne Corps, appropriation for pay and allowances, active list_________________ 638,1466 for subsistence allowance _______ 638,1466 for rental allowance ____________ 638,1466 for retired ____________________ 638, 1466 for mileage, without troops ______ 639, 1467 for transporting dependents oL __ 639, 1467 for funeral expenses ____________ 640,1467 deficiency appropriation for mileage, etc., without troops____________ 909, 1649 acceptance authorized by designated, of decorations tendered by foreign governments in appreci- ation of services rendered______ 745 death allowances to beneficiaries of, on active list___________________ _ on retired list, on active duty______ _ additionaldeJlCndent relatives added_ restricted to Regular Marine Corps__ emergency retired list created of persons serving in World War as officers other than of Regular Marine 710 710 710 710 Corps, having incurred physical disability _______ ____ ___ ____ __ 735 Officers, NaIJY, appropriation for pay, active list___ 631,1459 for rentalallowance ____________ 631,1459 for subsistence allowance ________ 631, 1459 Officer" NalJy--Continued. . p .... appropriation for pay of retired____ 631, 1459 for hire of quarters ashore_______ 631, 1459 for death gratUity______________ 631, 1459 deficiency appropriation for transport- ing, etc., remainl oL__________ 1618 acceptance authorized by designated, of decorations tendered b;r foreign governments, in appreci- ation of services rendered______ 744 additional pay for submarine duty_____ 412 advances authorized to, for emergency expenses on shore duty ________ 712 all active service in warrant rank com- puted for promotion to chief war- rantrank____________________ 1180 8BBignment of line, not below lieuten- ant, for engineering duty only, upon application, etc_ _________ 498 duties, grades, etc_________________ 498 assignment to duty on foreign mail contract vessel service, on vol- unteeringtherefor_____________ 695 below rank of Vice Admiral to be re- tired from active service when 64 years old__________________ 1142 retirements at that age, since August 29,1916, validated____________ 1142 death allowances to beneficiaries of, on active list________________ .. ___ 710 on retired list, on active duty___ _____ 710 additional dependent relatives added_ 710 restricted to Regular Navy________ 710 electricians eligible for appointment 88 ensigns ___________________ .__ _ 1084 emergency retired list created of per- sons serving in World War as officers other thaD of Regular Navy having incurred physical disability____________________ 735 liability requirement for retirement from active service of, repealed_ 1142 precedence of line, transferred to staff corps since July 1, 1923________ 498 retired, ma, be appointed in the diplo- matic servlce_________________ 1482 service of, on airships, equivalent to sea duty____________ .: __ _ __ __ _ 498 time extended for modification of age and service requirements for retirement and promotion of line captains, commanders and lieutenant commanders ________ 1557 commiBBioned service of Academy graduates, computed from June 30, of end of academic course___ 1557 OjJicerll' Reserve Corp" Army, appropriation for pay and allowances, active duty _______________ 348,1369 for mileage, J4njt ______________ 348, 1370 Official Bonds payment of annual premiums accepted as renewal by postal officials__ 247 OjJicial Gazette, Patent OjJice, appropriation for printing, etc______ 84, 1115 OjJicial HefH'!!er, oj Debatell, appropriation for, House of Represen- tatives ____________________ 523,1393 for Senate_____________________ 520,1390 Ogden, Utah, deficiency appropriation for publio bl.lllding at ________________ 922, 1660

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text: Talk:Day v. Washburn (64 U.S. 309)/Opinion of the Court

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/1949

 cxcviii INDEX. Olio, Pap. cooperation with, for location and erection of memorial museum to General Anthony Wayne, on site of Fori; Defiance, Ohio_________ 1009 care, etc., by the State____________ 1009 coDBtruction suspended until sum available from State___________ 1009 may acquire, after coDlP1etion, bridge aerou Maumee River, in Lucas COunty______________________ 1559 Ohio River, at Ashland, Ky ______ 119,153 atAugu~J Ky_________________ 436 at Mays,~Y'- 304,306 at Moundsville, W. VL__________ 1440 at New Cumberland, W. Va______ 741 at New Marlinsvillet..W. Va. __ 298,1473 at Ravenswood, W. va__________ 318 at Ripley, Ohio_________________ 769 at Sistersville, W. Va. ___ ___ __ ___ 135 at Wellsburg, W. Va____________ 503 Sandusky Bay, at Sandusky________ 1162 relieved from responsibility for 10118 of Nationa! Guard property by tornado at Lorain in 1924______ 985 Ohio River, bridge authorized across, at Ashland, Ky ________________________ 119,152 at Augusta, Ky___________________ 435 at Cairo, Ill______________________ 196 at Cannelton, Ind_________________ 1431 at Carrollton, Ky_________________ 1316 near Cincinna.!~ Ohio______________ 1512 at Golconda, lU___________________ 319 at Henderson, Ky_________________ 485 at Louisville, Ky _________________ 146 at McKees Rocks, Pa_____________ 1172 at Madison, Ind__________________ 133 at Maysville, Ky ______________ 306,1696 at MaysvilleIKy.andAberdeen,Ohio_ 304 at Mound City, 111________________ 316 at Moundsville, W. Va____________ 1439 at New Cumberland, W. Va________ 741 at New Martinsville, W. Va_____ 297,1472 at Owensboro, Ky., and Rockport, Ind_________________________ 1222 at Pittsburgh, Pa_________________ 1167 at Ravenswood, W. Va____________ 317 at Ripley, Ohio___________________ 769 at ROckport, Ind_________________ 472 at Shawneetown, Ill_______________ 478 at Sistersville, W. Va______________ 135 at Wellsburg, W. Va______________ 503 bridge fz01:27, 25 September 2010 (UTC)~s_sTarmstroBot (talk)__01:27, 25 September 2010 (UTC)~e~ 1074 time extended for bridging, at Augusta, Ky_________________________ _ at Cairo, Ill _____________________ _ at Golconda, 111 __________________ _ 1253 1535 1527 at Maysville, Ky., and Aberdeen, Ohio ____________________ 1182,1430 at Mound City, Ill________________ 1529 between Owensboro, Ky., and Rock- port, Ind ___________________ _ between Rochester and Monaca____ _ at Sistersville, W. Va_____________ _ at Wellsburg, W. Va _____________ _ Ohio River and Tributaries, 146 112 1528 1530 project for flood control of, to be sub- _mitted________ _______ _____ ___ 538 Oil and Gas DepoBits on Public Lands, permittees granted further additional time for drilling operations, ete_ _ 252 extension of expired permits_ _______ 252 Oil IJnd Oil Shale, Public Lands, Pap. appropriation for surveys, ete., 0'- _ 203, 1565 Oil City, Pa., bridge authorized across Allegheny River, at. ________ ___________ 114 time extended for bridging Allegheny Rive~at 1321 Oil Conservation Board, Federal, deficiency appropriation for expenses; reappropnation ____________ 887,1626 Oil, Gas, and Oil Shale, appropriation for lDvestigations, dis- seminating information of min- ing, economio development, etc., of________________________ 102,1132 deficiency appropriation for investiga- tions, etc.; unexpended balance reappropriated_ ______________ 903 Oil Lands, deficiency appropriation for expenses of suits to cancel leases of naval; unexpended balance reappropri- ated _______________________ 4,1625 Oil PoUution oj Navigable Water3, - deficiency appropriation for Conference, ete.,on______________________ 1652 Oil Shale, appropriation for maintenance of plant, experimental refinery, ete ______ 102 deficiency appropriation for develop- ment, etc., of, operation of plant, etc__________________________ 16 Ojinaga, Mexico, bridge authorized across Rio Grande, between Presidio, Tex., and__ ___ 116 consent of Mexico required________ 116 Okanogan County, Wash., deficiency appropriation for paying local taxes to, on Colville Indian lands________________________ 899 payment to, of taxes on trust allotted Colville Indian lands in________ 447 deductions for payments for Indian tuition, etc___________________ 447 amount authorized__ _______ ____ __ _ 447 a full settlement for all claims____ 447 Okanogan Irrigation District, Wash., transfer authorized of Okanogan project, to___________________________ 739 payment required yearly in 31 install- ments _______________________ - 739 upon completion, all Federal rights, title, ete., to be conveyed______ 739 assignments of Federal claims under contracts with water users_ ____ 739 operation during season of 1928, prior to execution of contract________ 739 power reserved in contracts to resume control when necessary ________ 739 control to be resumed if annual pay- ments not made in stated time__ 740 OkJuskee County, Okla., transferred from the northern to the eastern judicial district of Okla- homa________________________ 440 Oklahoma, appropriation for establishing fish cul- tural station in, auxiliary to Neosho station, Mo_ __________ 99 deficiency appropriation for pro rata share of expenses of Commis- sioner locating boundary be- tween Texas and______________ 21 for drainage assessments on Indian lands in______________________ 1639

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text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/1950

 INDEX. CXClX: Oklahomo-Continued. approval authorized of assessments, etc., within drainage districts, upon restricted Indian allot- mentsin ____________________ _ limitation on assessment payments not applicable _______________ _ amount authorized for paying ap- proved assessments in Little River drainage district No. 2 __ _ reimbursable __________________ _ compact authorized between, and Colo- rado and Kansas, for division of waters of Arkansas River, etc__ and New Mexico, for division of waters of Cimarron River, etc __ and New Mexico and Texas, for divi- sion of waters of Rio Grande, etc., Rivers _________________ _ isolated tracts of public lands in, may be sold at auction ______________ _ may acquire, after comJlletion, bridge acr088 Canadian River, at Fran- cis _________________________ _ restricted allotments to Five Civilized Tribes, in excess of 160 acres, sub- ject to taxation by ___________ _ Oklahoma and Tex08, President requested to confer with Gov- ernors of, to ascertain if negotia- tions will be entertained for agreement between United States and the States, as to ac- ceptance of lands transferred to each by decree of the Supreme Court ______________________ _ if conference accepted, consent of Congress given to the States to enter into a compact respecting Paae. 1155 1155 1155 1155 1507 1503 1502 457 1547 733 1444 the matter __ ____ ____ __ __ ____ _ 1444 President to proceed with conference,. and suggest an agreement to be presented to Congre88 and the Legislatures for ratification ___ _ compliance with obligations of the agreement authorized when rati- fied ________________________ _ ratification required of the compact or agreement by each of the States "Oklaho'::'~ ~:f::,ehip; --- appropriation for alterations and repairs for modernizing _____________ _ deficiency appropriation for moderniz- ing, etc_____________________ _ limit of cost increased for modernizing_ Oklahoma City, Okla., deficiency appropriation for public building at __________________ _ authorized to sell designated public squares, patented to__________ _ proceeds to be devoted to public pur- poses_______________________ _ terms of court at __________________ _ Oklahoma E08tem Judicial District, counties constituting _______________ _ terms of court, at Ada____________ _ Ardmore______________________ _ Chickasha ____________________ _ I>urant _______________________ _ Ilugo ________________________ _ Muskogee ____________________ _ Okmulgee.. ____________________ _ PaWs Valley __________________ _ 54835°-29-PT 1-123 1444 1444 1445 1468 25 1085 1660 427 427 1518 1518 1518 1518 1518 1518 1518 1518 1518 1518 Oklahoma E08tern Judicial Diatrict-Con. Pap. terms of court, at Poteau____________ 1518 South McAI~r_______________ 1518 rooms at Ilugo, Poteau, Ada, Okmul- gee, PaWs Valley, and Durant__ 1518 clerk's office at Muskogee, deputy, at AIdmore_____________________ 1519 Okfuskee County transferred to, from the northern dlstricL _ _ _ ______ 440 Oklahoma Experiment Station, deficiency appropriation for payment of additional endowment_ _ _ _ ____ 1632 Oklahoma Judicial DiIItrieta. counties constituting northern district- terms ________________________ _ eastern district- _________________ _ terms ________________________ _ western district__________________ _ terms ________________________ _ Oklahoma Northern Judicial DiIItrict, counties constituting_______________ _ term!, of. court, at Bartlesville_____ _ MIamL ______________________ _ Pawhuska ____________________ _ Tulsa ________________________ _ 1518 1518 1518 1518 i518 1518 1518 1518 1518 1518 1518 rooms at Pawhuska, Miami, and Bartlesville _ _________________ 1518 clerk's office at Tulsa________________ 1518 Okfuskee County transferred to the eastern from_ _ _ __ _ __ ___ _____ _ 440 Oklahoma Western Judicial District, counties constituting_______________ _ terms of court, atEnid ___________ _ Guthrie ______________________ _ Lawton_______________________ _ Mangum _____________________ _ Oklahoma City ________________ _ VVoodward ____________________ _ rooms at Mangum _______________ _ 1518 1518 1518 1518 1518 1518 1518 1518 clerk's office at Oklahoma City; deputy at Guthrie ___________________ 1519 Okmulgee, Okla., appropriation for public building___ 922, 1043 terms of court aL__________________ 1518 Oldfield, William A., late a Representative in Congress, deficiencY' appropriation for pay to WIdow oL___________________ 1623 Ouen, William, name placed on yellow fever honor roll and presented gold medaL_____ 1409 to receive $125 monthly_____________ 1410 Olyphant, Pa., deficiency appropriation for publio building aL _________________ _ 33 Omaha Agency, Nebr., appropriation for support, etc., of In- dians at __________________ 223,1584 Omaha, Nebr., bridge authorized across Missouri River, between Council Bluffs, Iowa, and_________________________ 733 Omaha, Nebr., Council Bluffs, Iowa, and, may bridge ¥!ssouri River" between tho two CltIes____________________ 733 Operating Force, Public Building" appropriation for pay oL _________ 185,1047 deficiency appropriation for ___ 49,1619,1663 Operating Supplies, Public BUildings, appropriatIon for fuel, lights, water, etc_______________________ 185, 1048 telephone switchboard contracts autho~ed___________________ 1048

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text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/1951

 cc INDEX. Opm-ating Suppliea, Public Building_ Pap. Continued. deficiency appropriation for_ _ _________ 42, 4~937, 1619, 1672 Opium, etc., appropriation for expenses, enforcing law restricting sale, etc., oL_ 170,1035 Optical Glasa, etc., appropriation for investigating prob- lems in production oL_ ______ 92, 1122 Optometry, D. C., not included in :provisions of Healing Arts Practice Act, D. C ., 1928__ 1326 Oraibi Indian Sanatorium, Ariz., appropriat!on for "~'lstruction and equlpment___________________ 1582 Orchard, etc., Fruita, appropriation fo! investigating diseases of___________________________ 549 Ordnance and Ordnance Storea, Army, appropriation for ________________ 342,1364 deficiency appropriation for__________ 431 49,935,1619, 1622, 167~ balances of appropriatioDB, proceeds of sales of ordnance material, cov- ered in_ _ _ ___________________ 365 Ordnance and Ordnance Storea, Navy, appropriation for procuring, etc ___ 630,1458 deficiency appropnation for ____ 47,934, 1618 Ordnance Annez Building, D. C., Army, custody, etc., ofl.transferred to office of Public Jiuildings and Public Parks of National Capital______ 888 Ordnance, Army and Navy, loans or gifts of condemned or obso- lete, authorized to soldiers' monUDlent associations, Grand ArDlY and American Legion posts, war veteran associations, etc__________________________ 773 Ordnance Department, Army, appropriation for civilian personnel, Office of Chief of, War Depart- ment _____________________ 32~ 1350 for fortification seacoast defenses, United States_____________ 336,1359 insular poBSessions ___________ 336,1359 Pan&Dla Canal______________ 336,1360 for services and supplies_ ______ 342, 1364 employment of consulting engineers author~ed ________________ 342, 1365 for airplane bombs, &Dlmunition for small &rDlS, etc_______________ 342 for small arDlS, and machine gun practice_ _ _ _ __ ________ ______ _ 342 for ammunition for military salutes_ _ 342 for manufacture of arDlS at arsenals, etc__________________________ 342 for preserving, etc., ordnance stores_ _ 342 for purchase, etc., for troops____ .. _ _ _ 342 for automatic machine ri11es________ 343 for purchase, manufacture, etc., of tanks, and &rDlored vehicles_ __ 343 for Field Artillery armament______ 343 for proving grounds_______________ 343 for Rock Island, Ill., bridges____ 343,1365 for Moline-Rock Island bridge_____ 343 for testing machines_ __ __ ____ __ __ __ 343 for repairs of arsenals, etc_____ 344,1365 for gaugesl jigs, etc., for manufac- ture 01 arms and &rm&Dlent_ 344, 1365 Ordnance Department Armu-Continued. Pa&&. appropriation for John W~ Stockett, as payment for Government use of his gun inventioDB; condition__ _ 1381 deficiency apJ?,ropriation for removing projectiles to Picatinny Arsenal . from Lake Denmark, N. J_ __ __ 36 for repairing, rebuilding, etc., Pica- tinny Arsenal, N. J___________ 36 for distributing war trophies_ ______ 36 formanufactureofarDls__________ 43,1619 for ordnance service ___________ 43, 49, 936 for ordnance stores, etc_______ _____ 43, 49, 1619, 1622, 1672 for &Dlmunition __________ 43,49,936,1622 for proving grounds_______ 43,49,936,1622 for Field Artillery arDlamenL ____ 49,1622 for ammunition storage facilities_ 928, 1665 for repairs to arsenals_ _ _ __________ 936 for fortification expenses___________ 1619 for salaries, 1929, under__________ 1690 balances of appropriations, evacuation of ordnance depots, covered in_ _ 365 for terminal storage, etc., covered in_ 365 Ordnance, Navy, no money appropriated for, to be used for any othel' purpose_________ 1249 transfers of used, etc., material not prohibited_ _ _ ___ ______ ____ ___ 1249 Oregon, authorized to exchange for recreational purposes revested lands of Ore- gon and California Railroad, and Coos Bay Wagon Road grants__ 429 leased lands exempt from county taxes________________________ 426 limitation on acceptance and dis- posal of exchanged lands_______ 429 minimum prices for sales of agricul- tural and timberlands.. ________ 429 disposal of receipts._______________ 429 granted Castle, Tourist, and Elephant Rocks, in Pacific Ocean, for park pu~oses- 148 may acqUIre, after completion, bridge across Columbia River, at Arlington____________________ 1023 Oregon and California Railroad Company, appropriation for survey, sale, etc., of revested lands oL __________ 203,1565 for fire protection, etc., revested lands oL_________________ 554,1204 revested lands of, in desi~ated area, added to Crater NatIOnal Forest, Oreg... __ ____ ___ ___ ___ ____ ___ 450 appraisalof. _____ ____ _____ ____ ___ 451 transfer of amount from national forest receipts to Oregon and California land grant fund_____ 451 sale of timber authorized on revested grant agricultural lands oL .... _ 597 rules,etc.,for cutting to be prescribed_ 597 Oregon and California Railroad Grant Lands, exchanges for recreational purposes, of public lands, extended to revest- ed, in Oregon.___ _____ ____ ____ 429 Oregon Caves, Siskiyou National Forest, Oreg., SUDl authorized for improvements, within and near, for the visiting public_______________________ 1407

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text:
United States v. Noe

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

It was a claim for an island in the Sacramento river, in California.

The case is stated in the opinion of the court.

It was argued by Mr. Black (Attorney General) and Mr. Stanton for the United States, and by Mr. Benham for the appellee.

The arguments upon the merits of the case generally need not be stated, as the decision of the court turned upon a single point, which was treated by Mr. Benham thus:

The land was not occupied, but it was situated in a very remote quarter of the country, in the midst of hostile Indians. This rendered settlement impossible for several years after the date of the grant, and until political disturbances arose, which prevented the grantee from occupying it up to the change of flags.

In regard to this point, the case is stronger than Fremont's. Elwell's inability to make a diseno at the time the petition was presented was stated as in that case, and, as the evidence discloses it, for the same reasons. Here its preliminary production was dispensed with, as in that case, and the conditions usually imposed were not inserted in the grant. Yet, in the Fremont case, where the conditions were imposed, the court expressed themselves as being encouraged in holding him excused for his default, because the Mexican Governor had dispensed with the diseno, for the reasons urged.

There could not, however, be default in this case, for no time was fixed for performance.

Arredondo's Case, 6 Peters S.C.. R., 745.

The presumption of abandonment cannot arise.

There was no denouncement, and the right was unimpaired at date of cession. Denouncement was necessary to divest the grant.

Fremont's Case.

Mr. Justice CAMPBELL delivered the opinion of the court.

title: United States v. Noe


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/1952

 INDEX. cci Oregon-Washington Bridge Company, Pap. construction of bridge across Columbia River at Hood River, by, legal- ized__ ________ ____ ___________ 285 Organized Res6f'V68 ArmJ/, appropriation 'lor Officers' Reserve Corps, pay and allowances, ac:- tive dutv __________________ 348,1369 for mileage; limit_______________ 348, 1370 for Enlisted Reserve Corps, pay, etc _______________________ 348, 1370 for correspondence instruction courses ___________________ 348, 1370 for training manuals, blank forms, etc_______________________ 348, 1370 for headquarters and camps; miscel- laneous expenses ___________ 348,1370 purchase of new airplanes_____ 348,1370 medical and hospital treatment, pay, etc., if injured in line of duty _____________________ 348,1370 burial, etc., expenses, if dying in line of duty _______________ 348,1370 maintenance of divisional and regimental headquarters ____ 349, 1370 no other funds to be used _____ 349,1370 pay ofreserve officers restricted_ 349, 1371 allowance when training as indi- vidualofficers_________________ 349 care of Veterans' Bureau patients by Medical Reserve Corps_ _ 349, 1371 deficiency appropriation for__________ 43, 49936,938,1620,1622,1672 members of Officers i Reserve Corps and enlisted reserves, injured in vol- untary aerial flights, allowed hos- pital treatment, etc____________ 462 limitation on pay, etc_ _ _ __________ 462 Orland Irrigation Project, Calij., appropriation for maintenance, etc., of __ c ____________________ 328,1590 Orren Street NE., D. C., appropriation for paving, etc., Oa.tes to Levis Streets; from gasoline tax fund_ _ ___________________ 1271 Osage Agency, Okla., appropriation for support, etc., of Indians at; pay of tribal offi- cers and employees, from trust funds_____________________ 224,1586 Osage Indians, Okla., appropriation for instruction of children; from tribal funds __________ 220,1580 for Saint Louis boarding school, re- newal of contract__________ 220,1580 for oil and gas production ex- penses __________ - - _____ ___ 224, 1586 for visits of tribal council to Wash- ington ____________________ 224, 1586 for monument to tribal members of, who lost their lives in World War______________________ 225,1587 deficiency appropriation for expenses, murder tnals_________________ 899 oil and other mineral lands reserved to, until April 8, 1958; royalties from, to be disbursed to members of the Tribe_____ _________ ___ _ 1478 lands held in trust continued subject thereto until January 1, 1959___ 1479 unleased land to be offered for oil and gasleases ____________________ 1479 homesteads of Indians, without com- petency certificates, exempt from taxes; limit______________ 1479 Oaage 1ndiana, Okla.-Continued. surface owners to paid for damages thereto from mining operations; regulations for_______________ _ suits anowed in Federal court_____ _ payments from trust funds__________ _ 'lisposition of property, etc., to estates of deceased Indians without com- Pap. 1479 1480 1480 petency certificates___ ____ ____ _ 1480 restrictions applicable to unallotted Indians born since July 1, 1907, and their heirs________________ 1481 validity of contracts for debL ______ 1481 property in trust for such Indians, of less than one-half Osage blood, etc., not subject to forced sale, etc_____________________ 1481 competency certificates to unallotted Indians at discretion of the Secretary____________________ 1481 outstanding obligations of .restricted Indians to be paid from funds thereof______________________ 1481 competency certificates may be grant- ed after payments of all debts_ _ 1481 quadrennial elections of Tribal officers, etc__________________________ 1481 Oshkosh, Wis., appropriation for public building___ 180, 1043 Osteopathy, D. C., licenses required to practice__________ 1334 Otis Street NE., D. C., appropriation for paving, etc., Sixteenth to Eighteenth Streets; from gasoline tax fund_ _ _ _ _________ 1271 for paving, etc., South Dakota Avenue to Twenty-fourth Street; from gasoline tax fund__ _ ___ ___ 1271 Otoe Agency, Okla., appropriation for support, etc., of Indians at. ____ ____ _____ __ 2 23,1584 Ottawa, Ill., appropriation for public building__ _ 922, 1043 Ottawa River, Ohio, preliminary examination for flood con- control of, and tributaries______ 1164 for removing causes of pollution_ _ _ _ 1164 Ottoman Empire ('68 Turkey). Ottoman Empire, Former, appropri~tion for expe~ses of American prISoners, etc., In____________ _ 76 Ouachita River, bridge authorized. across, at Calion, Ark_ 308 in Union and Ashley Counties, Ark__ 1075 time extended for bridging, at Harrison- burg, La_____________________ 279 at Monroe, La____________________ 57 toll charges authorized by Arkansas on bridge across, at Calion, Ark_ 744 Overhead Wirea, D. C., temporary permission for extending, during inauguration of Presi- dent, 1929, by telegraph, tele- phone, and radio companies____ 1141 Overseas Highway, Fla., survey, and rePort on cost of bridges on, from Key West to the mainland, directed___ _____ ______________ 591 Owen Place NE., D. C., appropriation for paving, etc., Montello to Trinidad Avenues; from gaso- line tax fund_________________ 1272 Owensboro, Ky., bridge authorized across Ohio River. between Rockport, Ind., and___ 1322

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text: Talk:United States v. Noe

title: Talk:United States v. Noe


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

Robert Elwell, in a petition to Governor Alvarado, that bears date in 1841, represents that he had resided in the country sixteen years, was married to one of the natives, and had a numerous family, and had been employed in commercial business; that his capital had been impaired, and he had been reduced to enlist as a private soldier in the militia, and had served in the year 1838, under the command of the Governor, in the south, and had received no compensation. He solicits of the Governor, as a generous recompense to his subordinate, and also with a view to promote the progress of agriculture, to confer upon him a concession of a parcel of land situated in the northern frontier, and forming an island in the Sacramento river, eighteen leagues from the establishment of Don Aug. Sutter, containing five square leagues.

The Governor, in March, 1841, 'in consideration of the services and merits specified,' grants the land asked for, the claimant to abide the reports, as to whether the land is vacant, with whatever else that is proper, and that he shall furnish the diseno, in order to commence the expediente.

Two days before the claim was presented to the board of commissioners in 1852, Elwell conveyed his claim to the appellee. He (Elwell) was examined as a witness, and testifies that he had presented a diseno some three months after he had exhibited his petition; that there was no information or formal report made to the Governor, and that he had never occupied the land or had judicial pessession delivered to him; that there was no officer to perform these duties.

There is some testimony to show that Noe had a tenant on the land in 1851, who inhabited a small house, and that the whole region of the Sacramento above Sutter's fort was not in a situation to be occupied, owing to the dangerous character of the Indians.

The board of commissioners rejected this claim; but, on appeal, their sentence was reversed by the District Court, and the claim confirmed to the entire island, provided it did not contain more than eleven leagues. From this decree cross-appeals have been prosecuted to this court.

As an inducement to the allowance of his petition, the applicant refers to the services he had rendered to the Governor in a military campaign; but the consideration of the grant is the proposed improvement of the Department, by the settlement and occupation of its waste lands. The authority of the Governor to make the grant is derived from the laws that provide for that object.

The decree of the Governor indicates that the title was to be perfected in the usual manner; and, consequently, that it was to be subject to the conditions of colonization. An interval of eleven years elapsed from the date of this decree till the presentation of the claim to the board of commissioners in 1852. During this time, the applicant took no step towards the completion of his title, or the fulfilment of the obligations it imposed. There is no expediente in the archives to show the segregation of this island from the public domain, nor report to the Departmental Assembly or the Supreme Government to testify that a citizen had been enlisted, 'to give impulse to the progress of agriculture in the country.' There was no delivery of judicial possession, nor any other assertion of right, by which the inhabitants could be charged with notice of this claim. A great change has taken place in the condition of the country; and other persons have assumed to settle and improve the land, which the applicant failed to do.

It is a general principle of equity, to grant a decree of specific performance only in cases where there is a mutuality of obligation, and when the remedy is mutual, and that it will not be rendered in favor of one who has been guilty of an unreasonable delay in fulfilling his part of the engagement, or who has slept for a lengthened period on his rights, and comes forward at last, when circumstances have changed in his favor, to enforce a stale demand. And it would be manifestly unjust to revive long antecedent covenants and dormant engagements in California, since the change in the condition and circumstances of that country, where it is evident that they were treated as abandoned, and imposing no obligation previously to that change.

The only explanation for the laches of the applicant is found in the testimony of the witnesses Castro and Combs, who say: 'The whole of the region of country of the Sacramento above Sutter's fort, or New Helvetia, was not in a situation to be settled upon by individual grantees, owing to the hostilities of the Indians;' 'that the Indians were numerous and hostile.'

But this fact existed at the date of the decree in 1841, and will account for the abandonment of the purpose, that the applicant seems to have entertained at one time, of making a settlement. It is hardly probable that he could have anticipated the revolution that took place long afterwards in the condition of the country, and was then preparing to avail himself of the advantage to be derived from it.

In the United States v. Kinsgbury, 12 Pet., 476, the claimant sought to excuse the non-performance of the condition, because 'the country was in a disturbed and dangerous state, from the date of the grant, and for a long time previous, till the transfer of the province.' The court say: 'All the witnesses concur in stating there was no more danger after the appellee petitioned for the land than there had been before and at the date of the application. The appellee, then, cannot be permitted to urge as an excuse in fact or in law, for not complying with his undertaking, a danger which applies as forcibly to repudiate the sincerity of his intention' to improve the land when he petitioned, as it does 'his inability from such danger to execute it afterwards.' The court say: 'That concessions of land upon condition have been repeatedly confirmed by the court, and it will apply the principles of its adjudications to all cases of a like kind. It will, as it has done, liberally construe the performance of conditions precedent or subsequent in such grants. It has not nor will it apply, in the construction of such conditions in such cases, the rules of the common law. But this court cannot say a condition wholly unperformed, without strong proof of sufficient cause to prevent it, does not defeat all right of property in land, under such a decree as the appellee in this case makes the foundation of his claim.'

In De Vilemont v. United States, 13 How., 261, the court say: 'The only consideration on which such a title could be founded was inhabitation and cultivation, either by De Vilemont himself or his tenants; and having done nothing of the kind, he had no right to a title; nor can the excuse be heard, that he was prevented from a compliance with the conditions by the hostility of the Indians, as he took his concession subject to that risk.'

In the cases of the United States v. Fremont, 17 How., 560, and United States v. Redding, 18 How., 1, the court have considered the effect of the conditions usually accompanying the grants to land in California, and how far their fulfilment is to be exacted in determining the validity of those claims. The court say, in the first case, 'there is nothing in the language of the conditions, taking them altogether, nor in their evident object and policy, which would justify the court in declaring the lands forfeited to the Government, where no other person sought to appropriate them, and their performance had not been unreasonably delayed.'

In the latter case, it is shown that the grantee displayed good faith and reasonable diligence to perform the conditions annexed to his grant; and all presumptions of an abandonment of his claim were repelled by affirmative and satisfactory proof.

But, in the present instance, we find nothing to have been done to place the claim of the applicant upon the records of the Department; and the duty of a colonist was wholly disregarded. Within the doctrine of the cases we have cited, the claim must be treated as one abandoned prior to the date of the treaty of Guadalupe Hidalgo, and is not entitled to confirmation.

Decree of the District Court reversed; cause remanded; petition to be dismissed.


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/1953

 ccii INDEX. OtHmboro, Ky.- Continued. time extended for bridgin~ Ohio River, between Rockport, Ind., and __ _ OtDyMfl Irrigation Project, Oreg., 146 appropriation for construction_____ 229, 1591 P. P4Cific Coast, appropriation for surveys oL _______ 96, 1126 for care of Navy insane on______ 634, 1462 station to be established on, at mouth of ~::lQ~rd~::r~___h::_TarmstroBot (talk) 1156 P4Cific Southwfl8t Expoaition, Long Beach, Calif·, articles imported solely for display at, admitted in bond free of duty _ _ 396 duty imposed if sold, etc___________ 397 exhibits from executive departments, etc__________________________ 397 without Government expense_______ 397 Packer, and Stockyards Act, appropriation for expenses executing_ 547, 1198 deficiency appropriation for executing_ 46, 933 Page, WiUiam Tyler, Clerk of the HOUle of Repre8entatives, appropriation for services, etc., com- piling contested election ex- penses_______________________ 524 Pagfl8, appropriation for House of Represents- tives _____________________ 522,1392 for Senate_____________________ 519, 1389 Paiute Agency, Nev., appropriation for support, etc., of In- dians aL _________________ 223,1583 Paiute and Bho8lwn6IndianB, etc., lands set aside for adjoining Summit Lake, Nev _ __________________ 160 Paiute Indian Reservation, Nev., deficiency appropriation for operating irrigation drains for lands oL__ _ Paiute Indians, Nev., appropriation for irrigation charges, 17 etc., allotted lands of; repay- ment_____________________ 213, 1575 for (jperating drains to Truckee- Carson Imgation district___ 213,1575 Pala and Rincon Indian Reservations, Calif., appropriation for irrigation projects OD.. 210, 1572 Pan American Confermu on Conciliation and Arbitration, deficiency appropriation for expenses_ _ 912 Pan American Conference on HighwaY8, Second, deficiency appropriation for ~nses of partiCIpating, at Rio de Janeiro_ 912 amount authorized for expenses of par- ticipation in, at Rio de Janeiro_ _ 403 Pan American Postal Union, free transmission in domestic mails of correspondence of diplomatio corps of countries of, stationed in United States______________ 1177 consular official maiL_____________ 1177 Pan American Sanitary Bureau, appropriation for quota, etc________ 72,1103 Pan American Union, appropriation for quota for support oL 71, 1102 for printing and binding for ______ 71,1102 Pan American Union-Continued. Pac-. cooperation of Secretary of State au- thorized with, in surveys, etc., for building Inter-American High- ways________________________ 1697 erection of office building for, on Gov- ernment land in District of COlumbi8____________________ 590 site; approval of plaDB by Commis- sion of Fine Arts_______________ 590 exempted from t&xatiOD..___ ___ _ _ _ _ _ _ 590 Pana11la, appropriation for minister to_______ 65, 1096 for annual payment to___________ 73,1104 deficiency appropriation for monu- ment to General Simon Bolivar, in city of Panama_____________ 911 aids to navigation authorized, with consent of, on· Jicarita Island and Morro Puercos, in Pacific Ocean approach to Panama Canal_______________________ 1262 Panama Canal, appropriation for all expenses, objects specified __________________ 363, 1385 pay of officials and employees_ _ 363, 1385 for contingent expenses; vehicles, etc_______________________ 363, 1385 damages to vessels passing through locks______________________ 363,1385 losses or damages to property taken _____________________ 363, 1385 claims for damages to lands, etc. 363, 1385 expenses, sales of unserviceable material, etc______________ 363, 1385 emergetlcy expenses_ _ _ __ __ __ _ 363, 1385 traveling expenses__ _______ ___ 363, 1385 for maintenance and operation___ 363,1385 forsalaryofGovernor ___________ 363,1385 for purchase ofsupplies _________ 363, 1385 for payment to alien cripples_ ___ _ 363, 1385 for continuing dam across Chagres RiveratAlhajuela__________ 363,1386 for maintenance, etc., hydroelectric plant,etc _________________ 364,1386 dam, etc., to be known as Madden Dam,etc_____________________ 1386 for sanitation, hospitals, etc______ 364, 1386 surgical appliances to injured em- ployees ___________________ 364, 1386 for civil government expenses; court officials ___________________ 364, 1386 purchase from Army surplus, etc., stocks ____________________ 364, 1386 for general expenses from specified BOurc68 ___________________ 364, 1386 net profits to be covered into the Treasury __________________ 364, 1386 for operation of waterworks, etc., for Panama and Colon _ _______ _ 364, 1386 for surveys, Atlantic entrance to__ 96,1126 for relief and protection of American seamen in__________________ 68,1098 for fortification expenses________ 336,1360 for air stations, hangars, gas pla~ts, etc. payable from designatea funds_ __________ _____________ _ 338 for Weather Service expensesin __ 543,1194 deficiency appropriation for salary, district judge_________________ 39 for revision of laws of Canal Zone_ _ _ 931 for fortifications___________________ 936 for investigation, etc., to determine the practicability of enlarging, to meet future needs of shipping _ 1667

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


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/1954

 INDEX. eClU Panama Canal-Continued. Paae. deficiency appropriation for salaries, etc., 1929, under_____________ 1691 balances of appropriations for military posts, covered in______________ 364 for Army quarters, covered in______ 364 aids to navigation authorized in Pacific Ocean approaches to, on Jicarita Island and Morro Puercos, Panama_____________________ 1262 no reduction of pay, etc., of retired warrant officers and enlisted men serving in_ _ _ _ _ ___ _______ 310 revision and codification of Canal Zone laws authorized_______________ 596 survey,_ et.c:,.88 to additional locks and facilities of___ ___ __ ____ __ _____ 1539 Panama Canal Zone, appropriation for relief and protection of American seamen in_ ______ 68, 1098 Panama, Panama, provisions for permanent maintenance of Gorgas Memorial Laboratory at site in Canal Zone, or_______ 491 Panama Railroad Company, notes of, held by United States Treas- urer to be canceled and returned_ 532 Papago Indian Reservation, Ariz., aflpropriation for improving water supply______________________ 204 for land for agency reserve_ ____ ____ 207 deficiency appropriation for road from Tucson to Ajo, via Indian Oasis within______________________ _ for constructing fence along east 18 boundary____________________ 899 sum authorized for fence along eastern PapagoI::di:z:~7ri°:'~- 617 appropriation for water supply for villages oL ________________ 209, 1572 Paper, appropriation for developing standards ofquality,etc.,oL __________ 92,1122 for study of woods suitable for making pulp and__ _________ ___ ______ _ 1205 for investigating hemp for manufac- tureofpulpand____________ 554,1205 Paper, DUtinctille, appropriation for expenses, United States securities ___________ 166,1032 amountimmediately available for United States and national currency___ 915 Paradise Valley, Wa&h., deficiency appropriation for sewage disposal system, Mount Rainier Park________________________ 1644 Paraguay, appropriation for minister to _______ 65,1096 Paratuberculosis of Animals, appropriation for eradicating, etc__ 546, 1196 Parco, Wyo., lease of lands to, for public aviation field; conditions, etc___________ 448 Paris Green, etc., appropriation for preventing sale, etc., of adulterated_____________ 566,1218 Paris, Tenn., appropriation for public building_____ _ deficiency appropriation for public building at__ __ ______ ___ ____ __ 1660 180 Park Police, D. C ., appropriation for salaries _________ 679, 1296 for uniforms, equipment, etc ____ 679, 1296 Park Police, D. C. - Continued. Pap. deficiency appropriation for additional pay and allowances_ _ _ ________ 893 BGlaries of, to be same as of District Metropolitan police_ __________ 429 Parker-Gila Valley Reclamation Project, Ariz., study, etc., of lands in Arizona to be embracedin__________________ 1063 report to Congress of finding_______ 1063 Parker I-See-O Po,t AU American Legion, Lawton, Okla.!. . patent to, of land in \Jomanche County, for post building______________ 1091 Parkersburg, W. Va., deficiency appropriati'm for public building at________________ ___ 1660 Parka and Playgrounds, D. C., lands may be acquired for, reserving limited rights to grantors, not impairing park purposes_______ 1070 permanent rights in adjoining property may be acquired to prevent use thereof impairing public use____ 1070 Park8, D. C ., Small, appropriation for condemning lands for _______________________ 656,1273 Parlatoria Dat.e Scale, appropriation for research on ______ 558, 1208 for suppressing spread oL _______ 565,1216 amount for Arizona and California making joint contribution______ 1216 deficiency appropriation for eradicating_ 14 Parliamentarian, House of Repreaentatille8, I appropriation for, assistant_ _ _ _ _ _ 520, 1390 Pam8 IBland, S. C ., deficiency appropriation for marine barracks, steel bridge across ArchersCreek________________ 25 parcels of lighthouse reservation, trans- ferred to Secretary of the Navy_ 1025 retentions for lighthouse uses_______ 1026 Participating CertijiC4teB, prOVisions relating to, in Settlement of War Claims Act____________ 268,269 Partnerships, not taxable under Revenue Act_ ______ 840 distributive shares of, income taxed on Pa&Baic, N~1~ers--  --- 840 appropriation far public building______ 1043 deficiency appropriation for public building at___________________ 922 Passport Bureaw, appropriation for New York, San FranCisco, Chicago, Seattle, New Orleans, and Boston_ _ _ _ _ __ _ 65, 1096 Pa&lIports, deficiency appropriation for refund of erroneously collected, etc., fees_ 910 Patent Office, Deparl4mnt of Commerce, appropriation for Commissioner, and office personneL ___________ 100,1130 employment of temporary typists, etc____ __ __ ____ ____ ____ ___ 100, 1130 for professional and scientific books, etc_______________________ 100, 1130 for producing copies of weekly issue of patents, drawings, etc____ 100, 1130 multlgraphing beads of drawings permitted_________________ 100, 1131 for investigating prior use of inven- tions, etc _________________ 100,1131 for furniture, etc_______________ 101, 1131

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text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/1955

 cciv INDEX. Patent Office, Department oj Commer~ Pap. Continued. appropriation for printing weekly issue <If patents, drawing~ etc_ ___ 84, 1115 for printing, etc., Official vazette, etc_ 84, deficiency appropriation for scientific library _____________________ _ for salaries ______________________ _ for photolithographing____________ _ for furnishing patent specifications, etc., 1915-1925, to Los Angeles, Calif., public library; reimburs- able________________________ _ for salaries, 1929_________________ _ Patents, issue of, authorized without fee, to Government employees, etc., ex- cept of Patent Office, for in- ventions certified to be used in public interest _______________ _ stipulation that Government may use without royalty to be in- cluded in patent _____________ _ jurisdiction in, appeals invested in Court of Customs and Patent Appeals ____________________ _ reissue of any inoperative patent, if error inadvertent in claim, etc., and without any fraud _______ _ for unexpired term of original patent__ several pstents may be issued for separate parts of the thing. patented____________________ _ effect of, as if originally filed in cor- rected form _________________ _ no new matter to be introduced ___ _ honorably discharged veteran of World War who served between April 6,1917, and November 11,1918, may make application for ex- tension oL __________________ _ statement of facts to accompany applicstion __________________ _ patentee of, invention granted prior to November 11, 1918, and unexpired ___________________ _ ownership between April 6, 1917, and November 11, 1918__________ _ income from, was reduced by war service _____________________ _ was exploiting invention when in- ducted into the service_______ _ consent to extension of all parties having rights,etc., to the patent_ period of extension applied for, lim- ited to three times length of war service _____________________ _ reenlistment subsequent to No- vember 11, 1918, excluded ____ _ extension to be granted licensee ____ _ confi!TarmstroBot (talk)f:3~t~_~f_01:28, 25 September 2010 (UTC) :01:28, 25 September 2010 (UTC) TarmstroBot (talk) nor lawful manufacturing of inven- tion before passage of this Act__ legal representative of veteran, in case of death, etc., may make application, etc ______________ _ on examInation by Commissioner, if . application come to regulations, etc., notice of application to be published in Official Gazette __ _ opposition by person claiming appli- cation is not true in fact ______ _ hearings on filing notice of opposition_ 1115 46 898 1637 1637 1680 467 468 1476 732 732 732 732 732 1012 1013 1013 1013 1013 1013 1013 1013 1013 1013 1013 1013 1013 1013 1013 1014 Patents--Continued. PIIP. on examination byCommissioner; denial of extension, if opinion against apti:N;!::r~ppli~i~t - oil- -ie-- 1014 usal________________________ 1014 if no opposition, certificate of exten- sion to be issued______________ 1014 publication of notice, etc________ 1014 patent to have effect of having been originally granted for seventeen years plus the extension_______ 1014 infringement proceedings after ex- piration of original patent______ 1014 rights, etc., of United States, not affected_____________________ 1014 uncertified copies ofspecifications, etc., from 1915 to 1925, to be fur- nished Los Angeles, Calif., pub- lic library; payment, etc______ 1497 Patents, Commissioner of, appropriation for ________________ 100,1130 Paterson, N. J., appropriation for public building______ 1043 de1'iciency appropriation for demolition of present building and con- struction of new post office, etc_ _ 922 Patter80n Street NW., D. C ., I appropriatiOli for paving, etc., Chevy Chase Parkway to Nevada Ave- nue; from gasoline tax fund____ 1269 Patuxent River, bridge authorized across, near Burch, ~d_________________________ 1490 Paul8 Valley, Okla., terms of court at____________________ 1518 Paw Paw, W. Va., construction legalized of bridge across Potomac River, aL___________ 1077 Pawhuska, Okla., appropriation for 8aint Louis Indian ~ission Boarding School at_ 220,1580 terms of court at____________________ 1518 Pawnee and Ponca Indian Hospital, Okla., appropriation for improvements______ 1582 Pawnee and Sioux Indlans, appropriation for monument on site of battle between, in Hitchcock County, Nebr________________ 1587 Pawnee Indians, Okla., appropriation for fulfilling treaties with _____________________ 222, 1583 Pawtucket, R. I., appropriation for public building___ 180, 1043 Paxton, Ill., deficiency appropriation for public building at_ ____ __ ____ __ __ ___ _ 33 Pay Clerks, Army, appropriation for, retired _________ 329, 1353 Pay, etc., Army, appropriation for officers, line and staff______________________ 329,1353 for National Guard officers _____ 329,1353 for warrant officers_ _ ______ _____ 329, 1353 for aviation increase, officers__ __ _ 329, 1353 for longevity, officers ___________ 329,1353 for enlisted men, line and staff ___ 329, 1353 for National Guard, enlisted men_ 329, 1353 for aviation increase, enlisted men_ 329, 1353 for Philippine Scouts, enlisted men ______________________ 329, 1353 for longevity. enlisted men ______ 329,1353 for retired officers_ _ ____ _ _______ 329, 1353

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text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/1956

 INDEX. Pay, etc., Army--Continued. Page. appropriation for retired officers on ac- tive duty _________________ 329,1353 for retired enlisted men_ _ __ _____ 329, 1353 for retired enlisted men on active duty______________________ 329,1353 for retired pay clerks___________ 329,1353 for retired veterinarians_________ 329,1353 for civil-service messengers at head- quarters __________________ 329,1353 for contract sur~eons--- 329,1353 for nurses; hOSPital matrons _____ 329,1353 for rental allowances, etc________ 329,1353 for subsistence allowances _______ 329,1353 for additional pay, officers furnishing their own mounts __________ 329,1353 accounted for as one fund _____ 329,1353 horses to an officer reduced after June 30, 1930_________________ 1353 deficiency appropriation for, fiscal year 1926________________________ 35 for, fiscal year 1927, including "Inci- dental expenses, 1927" _ _ _ __ ___ 35 for, --44~49~937~i6iKi622~i672, di4 for longevity _____ 49,937, 1619, 1672, 1674 for (estates of decease d sol- diers) ______________ 1619,1672,1674 Pay, etc., Navy, appropriation for officers __________ 631,1459 for rental allowance ____________ 631,1459 for subsistence allowance ________ 631,1459 for hire of quarters _____________ 631,1459 for retired officers ______________ 631,1459 for retired enlisted men _________ 631,1459 for reenlistment extra pay_______ 631,1459 for interest on deposits, enlisted men ______________________ 631,1459 for petty officers, seamen, etc ___ 631, 1459 for machinists, apprentice seamen, etc_______________________ 631,1460 for, and allowances, Nurse Corps_ 631, 1460 for, and allowances, Fleet Naval Reservists_________________ 631,1460 for property losses ______________ 631, 1460 for death gratuities_____________ 631,1460 deficiency appropriation for _ __ __ _____ 42, 44,4~934,937, 1618, 1621, 1671, 1673 additional, for submarine and diving duty________________________ 412 Pay, Marine Corps, appropriation for, and allowances __ 638,1466 deficiency appropriation for __ __ _ ___ ____ 25, 42,44,48,934,1618,1621,1671 for travel allowance of discharged enlisted men _______________ 909,1649 Pay, Navy, appropriation for, miscellaneous ___ 624, 1452 attendance at technical, etc., meet- ings ______________________ 624,1452 intermittent employment of ex- perts_____________________ 624, 1452 officers and midshipmen on shore patrol duty________________ 624,1452 advertising, etc ______________ 624, 1452 interned persons and prisoners of war ______________________ 634, 1452 damages claims______________ 624,1452 restriction on use in naval dis- tricts_____________________ 624, 1452 deficiency appropriation for miscel- laneous _____________________ 42,44, 47,934,937,1618,1621,1648 for increased compensation to em- ployees, 1929_______ __ ______ __ 1648 Pay ReadjU8tment, Army, Navy, etc., allowance for travel by p'rivately owned conveyances, whlle traveling un- der orders; money rate _______ _ not applicable to expenses under Subsistence Expense Act of 1926_______________________ _ grades and service entitling officers to pay of fourth period _________ _ officers appointed to fill vacancies in t::'fM.~t;:L_ _TarmstroBot (talk) 01:28, 25 September 2010 (UTC)_~e! exceptloll8 ______________________ _ Cout Gllard officers _____________ _ amendm :nt effective from July 1, 192)_______________________ _ no back pay, etc., to accrue _______ _ pay allowance fourth period, exception repeeJed ____________________ _ retired pay to include increases for active duty performed since re- tirement____________________ _ retired officers on active duty, while on leave or sick, to have same pay as officers on active list_______ _ if death occurs, benefits accorded to dependents _________________ _ pay of commissioned warrant officers on active list ________________ _ total base pay, allowances, etc., of com- missioned officers established __ _ warrant officers of Navy and Coast Guard established____________ _ no reduction of pay, etc., of any person now in service_______ . . ____ ___ _ Director of Coast and Geodetic Survey to have pay and allowances of a rear admiral (lower half) ______ _ extension of words "child" and "chil- dren," as used for dependents __ Payne, James, deficiency appropriation for services__ _ "Peace," Oil Painting, appropriation for purchase of, by Joint Committee on the Library ____ _ Peach Disea8e, Phony, appropriation for control, etc., of. __ _ _ Peacock, J. H.~ ~tc., may bridge Mississippi River at Prairie du Chien, Wis ______________ _ Pearl Harbor, Hawaii, appropriation for naval station, im- provements to channel and har- bor_________________________ _ for acquiring private fishery rights __ for submarine base, public works, etc_ for naval station, public works____ _ for naval air station, public works__ Pearl River, bridge authori.zed across, at Edinburg, ~i s s ______ _______ _______ ___ _ in Leake County, ~iss ___________ _ in ~adison and Rankin Counties, ~i s s _____ _____ _____ _____ ___ _ Pearl River Valley Lumber Company, may bridge Pearl River, in Leake County, ~iss_. ______________ _ in ~adison and Rankin Counties, ~i s s _________ _________ _____ _ Pecan8, appropriation for investigating dis- eases oL ____________________ _ for investigating, etc., growing, mar- keting, etc., oL ___________. __ ccv 975 975 719 720 720 720 720 720 788 774 774 774 1187 1187 1187 1187 1187 1254 884 526 1216 198 636 636 636 1464 1464 975 421 421 421 421 549 551

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text:
United States v. Alviso

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

The case is stated in the opinion of the court.

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

The arguments upon the value of the title are omitted.

Upon the subject of possession, the counsel for the appellee said:

In such a case as this, lapse of time may operate for, but not against, the petitioner. As was said by the Court of Appeals of Virginia, its weight 'is thrown if favor of the party who insists that the state of things existing during that lapse shall not be disturbed.'

Evans, &c., v. Spengin, &c., 11 Grat., 622.

In these cases the court said: 'The appellees seek only to preserve the existing state of things; they and those under whom they claim have been in possession of the subject in controversy, and have held it since August, 1809, at least. They are demanding nothing at the hands of the appellants; they seek to defend their long-continued actual possession by means of their superior equitable title-a title fully proved by the direct testimony, and confirmed by the lapse of time. There is nothing on the record on which to found the allegation that the appellees, or those under whom they claim, have abandoned or waived their rights; on the contrary, from 1805 or from 1809 they have, in the most emphatic manner, asserted these rights, by holding and enjoying their property.' With a change of dates, according to the facts, these remarks emphatically apply to the present case.

Mr. Justice CAMPBELL delivered the opinion of the court.

title: United States v. Alviso


text: Talk:United States v. Alviso

title: Talk:United States v. Alviso


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/1957

 ccvi INDEX. Pecos River, etc., compact authorized between New Mex- Page. ico, Oklahoma, and Texas, for division of waters oC__________ 1502 Pecuniary Claims Arbitration, BritiBh- American, deficiency appropriation for expenses __ Peek, B. F., etc., may bridge Mississippi River, at Bet- tendorf, Iowa________________ _ 48 759 time extended for bridging Mississippi . . Rive!) at Bettendorf, Iowa, by _ _ 1512 Peekskul, N. r ., deficiency appropriation for replacing present post-office building__ ___ 1660 Pegel, Herman, payment to Germany, for heirs of, de- ceased while a seaman in Amer- ican merchant marine ________ _ Pell City, Ala., bridge authorized across Coosa River, at_____ .. ____________________ _ Pembina, N. Dak., 414 295 deficiency appropriation for public building at___________________ 1660 Penal ana Correctional Institutions, (see Penitentiaries, and Prisons, United States). Pendleton's FeTTY, bridge authorized across Sabine River, aL_________________________ _ Penitentiaries, United States (see also Pris- ons, United States), 611 appropriation for maintenance, etc __ 82, 1112 for Leavenworth, Kans __________ 82,1113 for Atlanta, Ga_________________ 82,1113 for McNeil Island, Wash_________ 82,1113 for Industrial Institution for Women, Alderson, W. Va ____________ 82,1113 for Industrial Reformatory, Chilli- cothe, Ohio ________________ 83,1113 for probation system ____________ 83,1114 defici~ncy appropriation for Leaven- worth, Kans____________ 21,906,1646 for Atlanta, Ga_____________ 21,906,1646 for McNeil Island, Wash_____ 22,906, 1646 for Industrial Reformatory, Chilli- cothe, Ohio _______________ 906, 1647 for motor vehicles___ _____ ______ ___ 906 for salaries, etc., 1929, under_______ 1684 Penn Street NE., D. C ., appropriation for paving, etc., west of Queen Street; from gasoline tax fund _______________________ _ Pennell, Elizabeth Robins, claim of security from, waived under 654 legacy of Joseph Pennell to Library of Congress___________ 1446 Pennsylvania, appropriation for reimbursing for ma- rine school expenses ________ 625,1453 may acquire, after completion, bridge across Delaware River, at Bur- Mon:!h~iaNlii!er at ·Fayette City= at Point Marion _______________ _ Susquehanna River, at Liverpool. __ at Sunbury____________ - _______ _ Pennsylvania and Newark Railroad Com-. pany, 324 1489 395 1319 244 time extended for bridging Delaware River, at Trenton, N. J _ by Pennsylvania Railroad Com- panyand______________________ 440 " Pennsylvania," Battleahip, Pa.e. deficiency appropriation for modt.rn - izmg, etc_ _ _ _ _ ___ _____ _______ 1648 limit of cost increased for Qlodernizing_ 1261 Pennsylvania Election, 1926, deficiency appropriation for services, transporting, etc., to Senate, from Philadelphia and Pitts- burgh, ballot boxes, etc., oL ___ _ Pennsylvania Middle Judicial District, 2 additional judge authorized for_______ 1344 Pennsylvania Railroad Company, acceptance of sum in compromise with, for expenses of ~rading street, etc., due to subSidence by con- structinft, railroad tunnel under First Street east, Washington, D. C _________________________ _ exchange authorized with, of desig- nated tract of Army land in Philadelphia, Pa_____________ _ may bridge Allegheny River, at Oil City, Pa____________________ _ 398 458 114 time extended for bridging Allegheny River, at Oil Cit~, Pa., by _____ 1321 Delaware River, at Trenton, N. J ., by, and Pennsylvania and New- ark Railroad Company _______ _ tract of Army reservation land in Philadelphia, may be sold to __ _ proceeds to be deposited to mili- tary posts construction _______ _ appraisal at expense of company ____ _ no sale for less than value of. __ _ _ Pensacola, Fla., 440 312 312 312 312 appropriation for naval air station, concrete bridge; from balance for hurricane repairs, etc_ ______ 636 for naval air station, landplane field_ 1464 time extended for determming titles and issuing quit-claim deeds to lotsin ______________________ _ Pension Office (8ee Pensions Bureau, In- terior Department). Pensions, 36S appropriation for Commissioner of, and office personneL___________ 226,1588 for fees, etc., examining surgeons, 1927 and 1928______________ 226,1588 for Army and Navy_____________ 226,1588 Navy, from naval fund ________ 226,1588 separate accounts for__________ 226,1588 deficiency appropriation for Army and Navy_____________________ 19,1617, 1621, 1642, 1671 for Army_________________________ 41,46 double, allowed Army, Navy, or Marine Corps, for death or disability from aviation duty____________ 1436 allowed widows and dependents of Navy officers or enlisted men who die from submarine acci- 'dent _______________________ _ minimum to widow and children__ rate for widows of persons who served 90 days durmg the Civil War, and were honorably discharged, or were dischar~ed for disability, 466 467 who were married prior to June 27, 1905, and are 75 years old___ 714 no other pension reduced____________ 715 commencement, if now on pension roll__________________________ 715 of new applicants________________ 715

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

The appellee was confirmed in his claim to two square leagues of land in the county of Santa Cruz, and known as La Canada de Verde y Arroyo de la Purissima, by the board of commissioners and the District Court of California.

His testimony consists of a petition by his brother (Jose Maria Alviso) to the Governor of California, in 1838, for a grant of the land, and permission to occupy it, while the proceedings for the perfection of his title were pending. This petition was granted, and the administrator of the ex-mission of San Francisco, de Assis, was directed to make a report upon the subject.

In 1839, this order was exhibited to the prefect of that district, who agreed to reserve the land for the claimant, and that the claimant might occupy it, referring him to the Governor for a complete title. In 1840, the administrator reported that the land was unoccupied, and was not recognised as the property of the mission or of any private person. The claimant has a conveyance from his brother, the petitioner, dated in 1840.

The testimony shows that his occupation commenced in 1840, and has continued for fourteen years; that he has improved and cultivated the land, and that his family have resided on it.

The claimant appears to have been a citizen of the Department, and no objection was made or is suggested why he should not have been a colonist of that portion of the public domain he has solicited. No imputation has been made against the integrity of his documentary evidence, and no suspicion exists unfavorable to the bona fides of his petition, or the continuity of his possession and claim. He has been recognised as the proprietor of this land since 1840.

Under all the circumstances of the case, the court is not willing to disturb the decrees in his favor.

Decree of the District Court affirmed.


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/1958

 INDEX. ccvii Pension_Continued. Page. rate for widows of ~rsons who served 90 days durmg the Civil War; payment of check issued tu pen- sioner on day of death_________ 715 fces, etc., prohibited________________ 715 punishment for violations________ 715 inconsistent laws modified__________ 715 Pensions Bureau, Interior Departmen:!J appropriation for Army and l'javy pensions ___________________ 226, 1588 for Commissioner, and office per- sonneL _____________________ 226,1588 for general expenses ____________ 226,1588 for special investigations and ex- aminations_ _ _________________ 1588 for traveling expenses _ _ _ _ __ _ ___ 226, 1588 for examining surgeons _________ 226, 1588 restriction on medical examina- tions of claimants, etc_________ 1588 limitation on physician's fee_ _____ 1588 for expenses under Civil Service Retirement Act____________ 226,1588 for Government contribution to re- tirement fund _____________ 227,1588 deficiency appropriation for examining surgeons_____________________ 1642 for special investigations, additionaL 1642 for salaries, 1929_ _ ______ _________ 1683 amount for salaries, 1930, immediately available _ _ _ __ _______________ 1642 People's Counsel, Public Utilities Com- mission, D. C ., appropriation for __________________ 647,1265 Peoria, Ill., may bridge minois River_____________ 392 Perdido Bay, bridge authorized across, at Bear Point, Ala________ ____ _____ ____ ______ 385 Inerarity Point, Fla., to Baldwin County, Ala___________________ 771 Perdido Bay, Fla. and Ala., bridge across, if acquired by counties of Escambia or Baldwin or by Florida and Alabama, may be transferred, etc_ ____ ___ _______ 1510 PerishalJle Farm Products, etc., appropriation for certiiying conditions of shipments of, at central mar- kets_______________________ 56,1212 for preventing dumping, etc., of, by receiver in interstate commerce_ 563, 1214 deficiency appropriation for adminis- tration of agency to prevent dumping of, in interstate com- merce_______________________ _ Permanent International A8sociation 01 Road Congresaes, invitation to hold sixth session of, in United States, authorized _____ _ Perry County, Tenn., time extended for bridging Tennessee Rivc:.r} in Decatur County and __ Perry Point, Md., designated buildings at Veterans' Bur- eau hospital, may be disposed of_ Perry Street NE., D. C., appropriation for paving, etc., Twen- tieth to Twenty-second Streets; from gasoline tax fund _______ _ Perry's Victory Memorial Commission, deficiency appropria.tion for lighting Memorial plazas, etc _________ _ 13 378 53 1486 1271 888 Perryville, Ky., BattVJ 01, appropriation for tablet on site 0'- __ _ _ memorial tablet authorized of Federal soldiers killed at _____________ _ tract of land may be accepted for estab- Persia, lishing national cemetery at___ _ Pap. 1378 160 160 appropriation for minister to_ ______ 65, 1096 for expenses of American prisoners, etc., in ____________________ 76,1107 Personal Property TlUes, D. C., real estate levied for nonpayment of, may be sold by court decree if price offered at auction insuffi- cient for taxes, etc____________ 1226 Per80nnel Classification Board, deficiency appropriation for field in- Peru, vestigations, etc_ _ ____________ 888 appropriation for ambassador to ____ 65, 1096 Petersburg National Military Park, Va., appropriation for continuing estab- lishment oL ____________. . ___ _ 1376 transfer of portion of Camp Lee to, authorized___________________ 1305 Petrified Forest National Monument, appropriation for employees' quarters_ 1599 Petroleum, appropriation for utilization, etc., oL__ 102, 1132 Petroleum Exposition, International, invitation authorized to States and for- eign couIltries to participate in_ 788 Peyote, appropriation for suppressing traffic in, among Indians ____________ 204,1566 Plister, Edwin T. patent for stock raising homestead to__ 1156 Ph(lTmacopreia, United States, appropriation for cooperating in re- vision oL _________________ 566,1217 Pharmacy, D. C' l not included In provisions of Healing Arts Practice Act, D. C., 1928__ 1326 Philadelphia, Baltimore and Washington Railroad Company, acceptance of sum in compromise with, for expenses of grading street, etc., due to subsidence by con- structing railroad tunnel under First Street east, Washington, D. C_________________________ 398 Philadelphia, Pa., appropriation for mint at _________ 175,1011 for purchase of site and building, for use of marine hospitaL _______ _ 180 for Naval Home_______________ 628, 1456 for navy yard, public works_____ 635, 1464 for naval aircraft factory, flying field_ 1464 deficiency appropriation for mint, dy- namo,eto____________________ 917 exchange of tracts of land in, with Penn- sylvania Railroad Company, authorized_ _ ______ __ __ _______ 458 portion of Army reservation inl...may be sold to Pennsylvania. .ttailroad Company____________________ 312 proceeds deposited to credit of Army post construction fund_ __ __ __ __ 312 Philippi, W. Va .. building for post office at, authorized to be erected by Philippi Improve- ment Company_______________ 590

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


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/1959

 ccviii INDEX. Philippi, W. Va. - Continued. Page. building for post office at; lease of; renta~______________________ 590 upon termination of lease, or prior, purchase authorized_ __ '. _ _ _ _ _ 591 amounts authorized for rent, ~tc.___ 591 Philippine Campaign Medal, gratuitous issue of, to persons entitled_ _ 500 Philippine Congressional Medal, gratuitous issue of, to persons entitled_ _ 500 Philippine Cunstabulary, Army officers credited for active duty in, for retirement pay, etc._ _ __ _ _ 720 Philippine Islands, appropriation for pay of Resident Commissioners from. __ _ _ _ _ _ 5 20,1390 for expenses of Resident CommiflSion- ers_________. __ . ____ . _____ 620,1390 for clerk hire, Resident Commission- ers _______________________ 623, 1393 for relief, etc., of American seamen in 68, 1098 for distinctive mail equipment for___ 192, for care, etc., of msane Filipino 1055 soldiers ___________________ 340, 1363 for care of lepers, etc___________ 625,1453 deficiency appropriation for reimburs- in~ Government of, for main- taming alien crews to April 6, 1927 _________ . _____________ _ for Cavite Naval Station, ammuni- 37 tion storage_ ____ ____ _____ ____ 908 for care of insane Filipino soldiers___ 1665 act of legislature amending the corpo- ration law, ratified} etc________ 1434 construction authorized 01 Signal depot warehouse___________________ 1301 reports of acts of legislature, to be con- tinued_______________________ 1348 salaries fixed of justices of ~he supreme court oL _______________ .: ___ _ 997 submission to Congress discontinued, of acts (If the legislature ______ _ sum authorized for heavy seagoing Air 996 Corps retriever in_ _ _ _ __ ___ ___ _ 1425 Philippine Scouts, appropriation for pay of enlisted men_ 329, 1253 Phoenix, Ariz., appropriation for Indian school at. _ 2 1,7, 1578 purchase of additionalland______ 217 bronze cannon, at Fort Jay, N. Y., donated to_ ___ ____ _________ __ 1442 part of public building site grauted to, for street purposes ______ ______ 60 Phoeniz Indian Boarding School Hospital, Ariz., appropriation for care, etc., of :reser- vation patients_______________ 1581 Phoeniz Indian Sanatorium, Ariz., appropriation for maintenance, etc., of; X-rayequipment._ . ______ __ 220,1581 Phony Peach Di&eaae, appropriation for control, etc., of.____ 1216 Phrenology, license tax required for practice of, in District of Columbia ____ ._ _ _ _ _ 646 PhYBicaZ Constants, etc., appropriation for operating testing machines to determine, of ma- teria~ _____________________ 91,1121 Physical Hydrography, , appropriation for continuing researches in___________________ .. .• • _ 96, 1127 Picatinny Arsenal, N. J., Paae. deficiency appropriation for removing projectiles from Lake Denmark, to.__...__. ______.. __._. ___. 36 for repairing, rebuilding, etc___. . .. _ 36 purchase of additional land_ .. __ _ 36 sum authorized for powder blending unit at___. ______ . ________ . __ 1305 Picuris Pueblo Indians, N. Mez., deficiency appropriation for compensa- ting, for propertylosses; purchase for..____ ... _________________ 1638 Pierce Street Iv E., D. C., appropriation for paving]. etc., North Capitol to First i::itreets; from gasoline tax fund _________ ._ __ 654 Pierre, S. Dak., appropriation for Indian school at. 219,1580 Pilgrimages to A merican Cemeteries in Europe, provisions for, of mothers and widows of American forces who died g:£ :~:re1!TarmstroBot (talk)_TarmstroBot (talk),__TarmstroBot (talk) 01:29, 25 September 2010 (UTC) 1508 Pilot Charts, appropriationforpreparation,etc.,oL 643, 1472 Pima Agency, Ariz., appropriation for support, etc., of Indians at______. _ •. _______ 222, 1588 Pima Indian Hospital, Ariz., appropriation for support, etc., of. _ 2 20, 1581 Pima Indians, Ariz., appropriation for irrigation. system, Gila River Reservation _____ 210, 1573 for support,etc.--- 222,1571 Pine Ridge Agency, S. Dak., appropriation for support, etc., of In- dians at _______. ____ . 223, 1571, 1584 Pine Ridge Indian Hospital, S. Dak., appropriation for support, etc., oL_ ._. 1582 for construction, etc_ .. ___ . _______ 1582 Pine Ridge Sioux Indians, S. Dak., per caf~;ds :.~:~e_~t__~o:_!TarmstroBot (talk) _:~_b_~ 747 Pinedo, Colonel Francesco de, distinguished flying cross to be pre- sented to, for aerial journey of 25,000 miles by flying boat____ 482 Pinellas Point, Fla., bridge autnorized across Tampa Bay, from Piney Point, to__________ 405 Piney Branch Road NW., D. C., appropriation for },>aving, etc., Van Buren to Butternut Street (east side); from gasoline tax fund _______ ~________________ 1270 Piney Point, Fla., bridge authorized across Tampa Bay, from Pinellas Point, to________ 405 Pink Bollworm oj Cotton, appropriation for emergency eradica- tion of, in western Texas, etc___ 247 for research on ________________ 558,1208 for control measures, etc., Mexico, etc. ______________________ 564,1216 for extermination measures in co- operation with Mexican authori- ties____. _________________ 564,1216 for reimbursing States for enforced. nonproduction cotton zones __ 565, 1216 pak~i: ~_eTarmstroBot (talk): _c: TarmstroBot (talk).~ 565 deficiency appropriation for emergency eradicating of, in Arizona, etc__ 13 for eradication of_____________. __ 4 4,933

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text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/1960

 INDEX. CClX. Pink Bollworm of Cotton-Continued. deficiency appropriation for enforcing, PU8. etc., noncotton zones provisions_ 895 available only for compensation of crop of 1928__________________ 896 contributions of States required__ 896 payment to farmers for loss due to non- production of cotton, when States have established noncot- ton zones to eradicate, in affected area________________________ _ amount authorized to be appropriated_ in cooperation with State authorities_ not available unless live bollworm be 888 688 688 found in county, etc___ _______ 689 determination of loss in Texas as pro- vided by laws thereoL_. . ____ ___ 689 in other States when similar legis- lation provided _______________ 689 subject to approval of Secretary of Agriculture___ ___ _____________ 689 compliance required with all quar- antine and control regulations_ _ 689 appropriation available only for crop of 1928________________________ 689 unless thereafter a State shall pay each year a sum equal to expend- iture by United States in such State________________________ 689 Pipestone, Minn., appropriation for Indian school at_ 217, 1578 Pittsburgh and Wellt Virginia Railway Company, may bridge Monongahela River at . Charleroi, Pa_________________ 1180 Pittsburgh, Cincinnati, Chicago, and St. Louis Railroad Company, construction of bridge across Ohio River, at Steubenville, Ohio, by, legalized______________ __ __ ___ 1074 Pittsburgh, Pa., appropriation for mining experiment station, care, etc_ __________ 102, 1133 for public building________________ 1043 deficiency appropriation for public buildingat__________________ 31,923 bridge authorized across Monongahela River, at____________________ 1173 Ohio River, at____________________ 1167 sewer outlet in Allegheny River, legal- ized_________________________ 1483 any necessary changes in, to be made_ 1483 time extended for bridging Mononga- hela River, at________________ 384 Pittsfield, Mass., appropriation for acquiring land and extending public building at____ 180 PittsyllJania County, Va., reconstruction of bridge authorized across Dan River in___________ 1159 Plant Disease Survey, appropriation for maintenance, etc_ 549, 1200 Plant Du&t Ezplosions, al'propriation for investigating methods of preventing__ __ __________ 55'1, 1207 Plant IndUstry Bureau, Department of AgricuUure, appropriation for salaries and expenses_ 549, 1199 investigations, etc____________ 549, 1199 cost of buildings limited ______ 549, 1200 employinK.experts, etc________ 549,1200 for Chief of Bureau and ')ffice person- neL ______________________ 549,1200 Plant Industry Bureau, Department of Pace. Agriculture-Continued. appropriation for investigating plant, tree, andfruit diseases; ofpecaDs_ 549 for plant-disease survey, etc_____ 549,1200 for citrus canker eradication, etc_ 549, 1200 local contributions required ___ 549, 1200 no payment for destroyed trees_ 550, 1200 for investigating, etc., tree discaRcs; chestnut tree bark; study of new methods of control, etc _____ 550, 1200 for cooperative eradication of white phie blister rust; condition __ 550, 1200 for investigating, etc., vegetable and forage plant diseases_ _ __ ______ 550 for physiology of crop plants, etc___ _ 550 for plant nutrition, etc., investiga- tions _____________________ 550, 1200 for cotton production and diseases__ 1200 for acclimatizing tropical plants, etc_ 550, 1201 cottonseed interbreeding, etc ____ _ rubber producing plants ________ _ for drugs, spices, etc., plants, investi- 550 550 gations ___________________ 550,1201 for crop technological investigations, etc.; nematodes____________ 550,1201 for testing commercial seeds, etc_ 550, 1201 preventing adulterated seed and grain admission ____________ 550,1201 share of expense, International Seed Testing Congress ______ 550,1201 for improving cereal production, diseases,etc_______________ 551,1201 flax cultivation, diseases, etc __ 551, 1201 broomcorn improvement and pro- duction___________________ 551,1201 destroying barberry bushes, etc___ 551, 1201 amount to be contributed by States_ 551, 1201 for improving tobacco production, etc_______________________ 551, 1201 for drought resistant crops, etc__ ___ 551 for sugar plants, etc.; sugar beet investigations _____________ 551, 1201 for improving grazing lands, etc_ 551, 1201 for dry-land farruing experiments, etc_ 551, 1201 Woodward, Okla., experiment sta- tion_________________________ 1201 no new field stations _________ 551,1202 for horticultural experiment station, I Cheyenne, Wyo______________ 551 for utilizing western reclaimed lands, etc_______________________ 551, 1202 for edible nuts, growing, shipping, etc__________________________ 551 for investigating fruit, etc., growing, marketing, etc_____________ 552,1202 for experimental gardensand grounds_ 5521. 120~ for investigating producing, market- ing, etc., truck crops, potatoes, etc__________________________ 552 for nursery plants, etc., investiga- tions, cooperative with States, etc__________________________ 552 for farm, Arlington, Va_________ 552, 1202 for foreign seed and plant introduc- tion experiments, etc_______ 552,1202

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Page:United States Statutes at Large Volume 45 Part 1.djvu/1961

 ccx INDEX. Plant Industry Burea~ Department of Pa&e. I Plattsmouth Bridoe Company, Agricultur~vontinued. may bridge Missouri River, at Platts- appropriation for purchase, etc., of ncw mouth! Nebr_________________ 388 seeds; forage crops investiga- Plattsmouth, Neor., tions, etc _________________ 552,1202 bridge authorized across Missouri River, for biophysical investigations____ 552, 1202 /at __________________________ _ deficiency appropriation for improv- Playgrounds, D. C ., PubliC, ing, etc., grazing lands_________ 12 appropriation for >alaries; employ- for investigating fruit growing, etc_ _ 12 ments restricted ___________ 658, 1275 for general expenses ________ 41,44,46,933 for maintenance_______________ 659,1275 for salaries and expenses____ __ _____ 1617 for expenses of public school, during for botanical investigations, etc____ 1617 vacation __________________ 659,1275 for dry land agriculture investiga- forsupp~e!l,etc.,swimming ;>ools_ 659,1275 tions________________________ 1633 for bathmg pools _______________ 659,1275 for dry land field station, Tucumcari, for expenses of schooL__________ 659,1277 N. Mex______________________ 1633 deficiency appropriation ;or salaries, for study of wilt-resistant \':lrieties 1929________________________ 1692 of alfalfa_____________________ 1633 Plea8ant Street SE., D. C ., 388 for horticultural investigations, etc__ 1633 appropriation for paving, etc., Nic!lols forsaldries,1929__________________ 1677 Avenue to Thirteenth Street; Plant Quarantine Act, from gasoline tax fund________ 1272 employees of Agricultural Department, Pleasure Boat8, Foreign Built, may stop without warrant sus- specillJ tax on users of, repealed; effec- pected persons, etc., and seize tive July 1, 192&______________ 867 and destroy prohibited nursery Pleasure Clubs, stock, etc., where found________ 468 exempt from income tax_____________ 813 Plant Quarantine and Control Administra- Pleuropneumonia, etc., Animal, tionl Deparlment of Agriculture, approp~ation for emergency, prevent- appropriatIOn for Chief of Administra- mg spread ofz.. etc__________ 548,1198 tion, and office personneL___ 564,1216 Plumbing Inspection, u. C ., for enforcing foreign plant quaran- appropriation for salaries, etc., division tines _____________________ 564,1216 oL _______________________ 645,1263 for eradication of pink bollworm of Pneumatic Tube System, New York City cotton____________________ 565,1216 appropriation for maintenance l etc., inspection stations_ _____________ 1216 customhouse to appraisers ware-. for preventing spread of Parlatoria house ______________________ 183,1046 date scale; amount for Arizona Pneumatic Tubes, etc., Postal Service, and California_____________ 565, 1216 appropriation for New York and Brook- Thurberiawcevil_____________ 565,1216 Iyn, N.Y--- ______________ 189,1052 gypsy and browntail moths ___ 565,1216 for Boston, Mass., rentaL ______ 189,1052 European corn borer_________ 565,1216 deficiency abPropriation for New York Japanese and Asiatic beetles___ 565,1216 and rooklyn________________ 26 white pine blister rust________ 565,1216 Podiatry, D. C., phony peach disease_____________ 1216 not included in :provisions of Healing Mexican fruit worm __________ 565,1216 Arts Practice Act, D. C ., 1928__ 1326 for export inspection and certifica- Poinsett County, Ark., tioa oi domestic fresh fruits, etc_ 565, bridge across Saint Francis River in, 1216 legalized_____________________ 442 dfi• .t'f t' Point Lookout, Md., e clency appropna Ion or preven mg appropriation for care, etc., Confederate spread of gypsy, etc., moth_____ 1635 c te at 355 1375 forcontrol,etc.,JapaneseandAsiatic eme ry --- , beetles_______________________ 1635 Point Marion Community Club, for salaries, 1929________________ 1678 may btTarmstroBot (talk) :aTarmstroBot (talk)S;TarmstroBot (talk) 01:29, 25 September 2010 (UTC)-~iTarmstroBot (talk) 01:29, 25 September 2010 (UTC)-~: 395 Federal Horticultural Board trans- time extended for bridging .. Mononga- ferred to__ ---,,--- 565 hela. River at Point Marion, Pa., Chief of, ex officio, chairman of ad- b visory Federal Plant Quaran- y - - 1486 t· Bd 't' f Point Marion, Pa., me oar; comp08l Ion 0 bridge authorized across Monongahela. Board, etc___________________ 565 River, at_____________________ 395 Plant Quarantine Foreign, time extended for bridging Monongahela appropriation for enforcing, etc____ 564,1216 River, at ____________________ 1486 Plants, etc., Agricultural, Point Pleasant and HtmdertJon Bridge Com- appropriation for investigating dis- pany, eases of______________________ 549 may bridge Kanawha. River, at Point pathologica.llaboratory__________ 549 Pleasant, W. Va______________ 408 plant disease survey__________ 549,1200 time extended for bridging Kanawha Platt National Park, Okla., River, by____________________ 1525 appropriation for administration, etc__ 235, Point Plea8ant, La., 1598 bridge authorized across Bayou Bar- 1302 tholomew, at_________________ _ Point Pleasant W. Va., bridge authorized across Kanawha River, at_____________________ 408 Plattsburg Barracktl, N. Y., construction authorized of buildings aL Platt8burg, N. Y., appropriation for public building_ _ 180, 1043 57

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text:
William Sutton v. Bancroft

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

It was submitted on a printed brief by Mr. Watkins for the defendants in error, no counsel appearing for the plaintiffs in error.

Mr. Watkins stated the case, and said that the judgment was rendered on the 22d of May, 1856, since which time the hands of the plaintiffs below have been tied from having execution, and the plaintiffs in error have never appeared in this court, nor have they taken any steps to prosecute their writ of error.

The defendants in error now ask for an affirmance of the judgment, with exemplary damages for delay.

Mr. Justice GRIER delivered the opinion of the court.

title: William Sutton v. Bancroft


text: Talk:William Sutton v. Bancroft

title: Talk:William Sutton v. Bancroft


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/1962

 INDEX. ceXl Point Pleallant1 W. Va.- Continued. Page. time extenGed for bridging Kanawha River, between Henderson, W. Va., and. _________________ 314,1525 Pointe Au.:z: Herbes Lighthouse Reservation, La., sale of portio~ o~, to Louisiana Highway CommlsSlon__ __________ ______ 977 sum to be paid____________________ 977 employees of United States to have free passage over New Orleans Ponchartrain Bridge, etc_______ 977 tract may be used by Bridge Com- pany without charge_ __ _______ 977 sale to Bridge Company, if Highway Commission fails to purchase_ __ 977 price for sale by Bridge Company restricted_ _______ ____________ 978 right of way to be provided from tract to the bridge, etc.; boundaries_ _ 978 use of property restricted__________ 978 Poisonous Foods, Drugs, etc., appropriation for expenses, preventing sale oC ___________________ 566, 1217 for expenses preventing sale of, in District of Columbia_______ 669, 1285 Poisons, appropriation for executing Federal Caustic Poison AcL _________ 567,1218 Poisons, etc .• punishment for unauthorized mailing, etc.,oL_____________________ 1072 Poland, appropriation for minister to _______ 65, 1096 Police Court. D. C., appropriation for salaries _________ 669, 1286 for expenses, witness fees, jurors, etc _______________________ 670, .i286 for repairs to building __________ 670,1286 deficiency appropriation for jurors, ___ 9,891 for personal services, 1928 and 1929; presiding judge_ ___ __ ___ ___ ___ 891 Police, D. C., appropriation for signal system _____ 659,1275 improving system in 15th precinct_ 1276 for salaries, officers, etc_________ 665,1282 present assistant property clerk_ 665, 1287 allowance for mounts, etc., reduced_ 1282 for personal services____________ 665, 1282 for contingent expenses _________ 665,1282 detection, etc., of crime_______ 665,1282 Armv mounted equipment. ___ 6 65, 1282 for moior vehicles, maintenance, etc_ 665, 1282 for uniforms, etc_______________ 665,1282 for additional site for station 15_ ___ 1282 for polic~ boat, additional amount.. _ 665 for garage for station 14 ___________ ' !. 665 for construction, station 15__ ____ __ _ 666 for steam heating plant for station 9_ 666 for House of Detention _________ 666,1282 for harbor patroL _____________ 666,1283 fo" relief fund allowances _______ 666, 1283 deficiency appropriation for wharf re- _pairs, harbor precinct _________ _ for House of Detention ___________ _ for salaries, 1929________________ _ in recognition of conspicuous services in line of duty one gold medal and one silver medal are to be awarded annually to two mem- 891 1629 1692 bers of the___________________ 1556 committee to make the awards_____ 1556 preference to holder& of, in making promotions__________ ____ _______ 1556 Policemen and FirefMn's Relief Fund, Page. D. C., appropriation for allowances from __ 666, 1283 deficiency appropriation for allow- ances, etc_ _____ ____ _____ __ ___ 9 Polk, James K., former President of the United States, memorial plaza to be established in Nashville, Tenn., to the memory of former Presidents Andrew Jackson, Andrew Johnson, and_ 1020 PoUution of Navigable Streams and Lakes, appropriation for investigation oL __ 75, 1040 Polo Ponies, purchases for Army, limited to Military Academy____________________ 246 Pomona, Calif., deficiency appropriation for public building at.__________________ 1660 Ponca Agency, Okla., appropriation for support, etc., of In- dians at __________________ 223, 1584 Ponce, Porto Rico, contract authorized for repairs to cus- tomhouse at.________________ 596 Pontiac, Mich., appropriation for extending, etc., public building______________________ 181 Poor, D. C., appropriation for relief of the _____ 677, 1294 for transportation of paupers ____ 677,1294 deficiency aprropriation for transporta- tion 0 paupers____ ___________ 893 Popes Creek, Md., time extended for bridging Potomac River, from Dahlgren, Va., to _______________________ 115,1322 Port Arthur, Tex., bridge authorized across Lake Sabine, at___________________________ 609 may dam Neches River, above Beau- mont, Tex_ _ _ ________________ 1450 time extended for bridging Lake Sabine, at__________________________ 1524 Port Huron, Mich., bridge authorized across Saint Clair River, at _________________ 454, 1483 eonsent of Canada required_____ 454,1483 Port Huron, Sarnia, Point Edward Inter- nat-ional BridJle Company, may bridge Saint Clair River, at Port Huron, Mich., to Sarnia, Canada 454 consent of Canada required_ _ ______ 454 Port Wallhington Narrows, time extended for bridging, in Bremer- ton, VVash___________________ 1159 Portal, N. Dak., deficiency appropriation for public building at__ __ ____ __ __ ___ __ __ 1660 Portland, Me., appropriation for public building__ _ ___ 1043 deficiency appropriation for public buildine; at________________ 923,1660 purchase of SIte for lighthouse depot, authorizedat_________________ 1262 Portland, Oreg., appropriation for acquiring site and erecting public building________ 181 price restriction on sale of present building__ ____ ___ ___ __ __ _____ 181 for public building; cost increased___ 1043

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

The plaintiffs in error were sued on a promissory note executed by them. They did not pretend to have any defence. They entered a false plea, which was overruled on demurrer. They refused to plead in bar. Judgment was entered against them in due form, for want of a plea.

They do not pretend to allege any error in the proceedings. The judgment is therefore affirmed, with ten per cent. damages.