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thousand ninety-seven dollars and ninety cents ($3,097.90), which amount, taken together with the amount claimed to have been expended for repairs, made the total amount of said claim six thousand ninety-seven dollars and ninety cents.
The petition further alleged that this claim was disallowed by the Third Auditor of the Treasury in October, 1875, for the reason that that officer could not "allow a claim for rent and repairs of a public park." The petition further alleges no assignment of this claim, and that the municipality of Baltimore, Md., did not give aid or comfort to the late rebellion, but was loyal to the United States throughout the civil war.
The case was brought to a hearing on loyalty and merits on the 16th day of May, 1910.
Messrs. Coldren & Fenning appeared for the claimants, and the Attorney-General by William H. Lamar, esq., his assistant, and under his direction, appeared for the defense and protection of the interests of the United States.
The court upon the evidence, and after considering the briefs and argument of counsel on both sides, makes the following
FINDING OF FACT.
On or about the 1st day of October, 1861, the United States Government, by permission in writing of the mayor of the city of Baltimore, Md., took possession of one of the parks in that city and occupied it until about October 27, 1865, for the purpose of an encampment for its soldiers during the late civil war. The permission in writing above mentioned provided that the Government should pay the city for such damages as might result to said park by reason of such occupation. The property so occupied was reasonably worth the sum of $15,000.
By reason of said occupation said park was damaged in the sum of two thousand nine hundred and ninety-six dollars and ninety-four cents ($2,996.94), no part of which appears to have been paid.
BY THE COURT.
61ST CONGRESS, HOUSE OF REPRESENTATIVES. ( DOCUMENT 2d Session.
JEANNETTE L. KISER, ADMINISTRATRIX.
LETTER FROM THE ASSISTANT CLERK OF THE COURT OF CLAIMS, TRANSMITTING A CERTIFIED COPY OF THE FINDINGS IN THE CAUSE OF JEANNETTE L. KISER AGAINST THE UNITED STATES.
JUNE 11, 1910.—Referred to the Committee on War Claims and ordered to be printed.
COURT OF CLAIMS, CLERK'S OFFICE,
Washington, June 10, 1910.
SIR: Pursuant to the order of the court, I transmit herewith a certified copy of the findings of fact filed by the court in the aforesaid cause, which case was referred to this court by resolution of the House of Representatives, under the act of March 3, 1887, known as the "Tucker Act."
I am, very respectfully, yours,
Hon. JOSEPH G. CANNON,
JOHN RANDOLPH, Assistant Clerk Court of Claims.
Speaker of the House of Representatives.
[In the Court of Claims of the United States. Congressional, No. 12220. Jeannette L. Kiser, administratrix of the estate of Oscar Kiser, deceased, surviving partner of the firm of B. F. Moody & Co. v. The United States.]
STATEMENT OF THE CASE.
This is a claim for furnishing equipments to the Third Iowa Cavalry during the war for the suppression of the rebellion.
The claim was referred to this court on March 31, 1906, by resolution of the House of Representatives referring a bill, as follows:
"[H. R. 12750, Fifty-ninth Congress, first session.]
"A BILL For the relief of B. F. Moody and Company, or their legal representatives.
"Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there is hereby appropriated, out of any money not otherwise appropriated, the sum of eight thousand four hundred and forty-six dollars and sixty-five cents, in full liquidation of a balance due said firm under their contract of date September thirtieth, eighteen hundred and sixty-one, executed by Cyrus Busey, agent, under authority of Major-General John C. Fremont, acting for the United States, for the equipment of the Third Iowa Cavalry."
The claimant appeared in this court on February 6, 1908, and filed her petition, in which it is substantially averred:
That she is the legal representative of the surviving partner of the firm of B. F. Moody & Co., late of the city of Keokuk, Iowa; that said firm entered into an
agreement under the authority of Maj. Gen. John C. Fremont, with one Cyrus Busey, at that time colonel of the Third Regiment Iowa Cavalry, to furnish at prices named, equipments for said regiment, which was subsequently mustered into the service of the United States in the war of the rebellion; that the United States has refused to pay the said B. F. Moody & Co. the full contract price for the materials and clothing furnished and there remains due on said contract the sum of $8,446.65; that no claim was ever presented to any department of the Government for the reason that all papers relating to said transaction were destroyed by fire and this claim was presented to Congress when advised that original papers were on file in the proper department; that she is the owner of the claim, no assignment of which has ever been made.
The case was brought to a hearing on loyalty and merits on the 14th day of December, 1909.
H. M. Foote, esq., appeared for the claimant, and the Attorney-General, by A. C. Campbell, esq., appeared for the defense and protection of the interests of the United States.
The court, upon the evidence adduced, and after considering the briefs and argument of counsel on both sides, makes the following
FINDINGS OF FACT.
I. That claimant's decedent was loyal to the Government of the United States throughout the civil war.
II. That the claimant herein is a citizen of the United States and the owner of this claim, no assignment of the same having been made.
III. That on the 30th day of September, 1861, an agreement was entered into between said firm of B. F. Moody & Co. and Cyrus Bussey, at that time colonel of the Third Regiment Iowa Cavalry, who, by authority of Gen. John C. Fremont, acted as agent of the United States, whereby the said firm of B. F. Moody & Co. agreed, within forty days from said date, for prices mentioned in said agreement, to furnish all of the equipments necessary for equipping the Third Regiment of Iowa Cavalry Volunteers.
In pursuance of said contract said firm of B. F. Moody & Co. furnished equipments for said regiment, which were accepted by the quartermaster of the Third Iowa Regiment Cavalry Volunteers, which, at the prices agreed upon on said contract, amounted to the sum of $81,650.83.
The account for said equipment was presented to the commission appointed by direction of the President of the United States to examine and report upon all claims presented to it on account of supplies furnished to the Military Department of the West, and said commission made deductions in said account to the amount of $8,048.85. Included in said amount so deducted was the sum of $397.80, evidently due to a clerical error of the commission in making a deduction of 78 cents each on 1,650 horse blankets instead of on 1,140, the number contracted for and actually furnished. Said B. F. Moody & Co. accepted vouchers showing the deductions made by the commission and receipted for $73,601.98, in full of all demands against the United States on account of their said claim for $81,650.83.
IV. The claim herein was never presented to any officer or department of the Government prior to its presentation to the commission appointed by the President October 25, 1861, to hear and determine claims against the military department, a set forth in the preceding finding, and subsequently its presentation to Congress and reference to this court by resolution of the House of Representatives, as set forth in the statement of the case, and no reason is adduced showing why it was not earlier presented.
Filed May 23, 1910.
A true copy.
Test this 10th day of June, A. D. 1910.
BY THE COURT.
JOHN RANDOLPH, Assistant Clerk Court of Claims.
A DRAFT OF PROPOSED LEGISLATION RELATING TO AN ALLOTMENT TO SIMON DENOMIE.
JUNE 16, 1910.-Referred to the Committee on Indian Affairs and ordered to be
DEPARTMENT OF THE INTERIOR,
Washington, June 15, 1910.
SIR: By direction of the President, I have the honor to transmit herewith the draft of a bill authorizing the Secretary of the Interior to allot to Simon Denomie a certain tract of land on the L'Anse and Vieux de Sert Reservation in Michigan.
Simon Denomie is a Lake Superior Chippewa Indian, and formerly resided on the Bad River Reservation, in Wisconsin. About 1882 he was allotted land on that reservation, and by authority of the President sold the same, and in 1887 removed to the L'Anse and Vieux Desert Reservation, in Michigan, and with the proceeds of the sale of his said land at Bad River purchased from the State of Michigan the E. of the NE. and the SW. of NE. of sec. 16, T. 51 N., R. 33 W. Denomie's wife is a member of the L'Anse and Vieux Desert tribe. The State of Michigan claimed the sections numbered 16 in the L'Anse and Vieux Desert Reservation as school land.
The claims of the State, however, have since been disputed by this department, and in a letter dated June 24, 1909, addressed to Hon. William H. Rose, commissioner of the state land office at Lansing, Mich., this department, after citing the cases of the United States v. Thomas (151 U. S., 577) and Wisconsin v. Hitchcock (201 U. S., 202), held that the sections numbered 16 were subject to allotment to the members of the L'Anse and Vieux Desert tribe. In accordance with this holding all the lands in sections numbered 16 within the reservation have been allotted to members of the L'Anse and Vieux Desert tribe, except the lands purchased by Denomie. This Indian has made valuable improve
ments on the tract, but having had an allotment previously the land can not be allotted to him without congressional sanction.
Copies of the correspondence relating to the case are inclosed herewith, and I urgently recommend the passage of the proposed bill at this session of the Congress.
R. A. BALLINGER,
The SPEAKER OF THE HOUSE OF REPRESENTATIVES.
A BILL For the relief of Simon Denomie.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior be, and he hereby is, authorized to allot to Simon Denomie, a Lake Superior Chippewa Indian, the east half of the northeast quarter and the south west quarter of the northeast quarter of section numbered sixteen in township fifty-one north of range thirty-three west in Baraga County, Michigan, and to issue to him a patent in fee therefor.
DEPARTMENT OF THE INTERIOR,
UNITED STATES INDIAN SERVICE,
SIR: Please find inclosed letter dated June 2, 1910, from Simon Denomie, in which he makes request that the E. § of NE. † and the SW. † of NE. Į sec. 16, T. 51, R. 33 W., be allotted to him.
I took the matter up with Mr. Denomie as directed in office letter of May 25, 1910, and Mr. Denomie wishes the lands allotted to himself.
SIR: After I have considered thoroughly in regard of my so-called lands on sec. 16, T. 51, R. 33, I come to conclusion that I thought best to ask our Indian deparment to grant the lands to myself as follows: The E. and SW. of the NE. sec. 16, T. 51, R. 33.
Hoping that I will be granted with same, I am,
P. S.-I will write to our Hon. H. O. Young (Congressman) to assist in this matter. Possisbly if it is taken up at once it may go through this year. Thanking you for your kind attention, I am,
Dr. R. S. BUCKLAND,
United States Indian Agent, Baraga, Mich.
DEPARTMENT OF THE INTERIOR,
SIR: The office has received your letter of February 3, 1910, concerning the matter of alloting to Simon Denomie the E. of NE. † and SW. † of NE. † of sec. 16, T. 51, R. 33, on the Vieux de Sert Reservation; you inclose, also, the application of two of Denomie's children for the same land, viz, that of Orren W. for the E. of NE. 1, and that of Frances Rose for the SW. † of NE. †.