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2d Session. No. 900.

INDIAN DEPREDATION CASES.

LETTER

FROM

THE SECRETARY OF THE TREASURY,

TRANSMITTING

A COPY OF A COMMUNICATION FROM THE ATTORNEY-GENERAL SUBMITTING AN ESTIMATE OF APPROPRIATION FOR PAYMENT OF JUDGMENT IN INDIAN DEPREDATION CASES SINCE JANUARY 31, 1910.

MAY 9, 1910.-Referred to the Committee on Appropriations and ordered to be printed.

TREASURY DEPARTMENT,
OFFICE OF THE SECRETARY,
Washington, May 6, 1910.

SIR: I have the honor to transmit herewith, for the consideration of Congress, copy of a communication from the Attorney-General of the 5th instant, transmitting lists of judgments rendered by the Court of Claims in favor of claimants in Indian depredation cases since January 31, 1910, amounting to $58,045, which require an appropriation for their payment. These judgments are in addition to those reported to Congress February 1, 1910, and contained in Senate Document No. 342, Sixty-first Congress, second session, amounting to $10,940, for which no appropriation has yet been made. Respectfully,

FRANKLIN MACVEAGH,

The SPEAKER OF THE HOUSE OF REPRESENTATIVES.

Secretary.

DEPARTMENT OF JUSTICE,
Washington, May 5, 1910.

SIR: I have the honor to transmit herewith, to be included in the annual estimates for the general deficiency bill, lists of judgments rendered by the Court of Claims in favor of claimants in Indian depredation cases, for which no appropriation has been made.

The unpaid judgments rendered up to and including January 31, 1910, were reported in compliance with a resolution of the Senate

and are contained in Senate Document No. 342, Sixty-first Congress, second session, a copy of which I inclose herewith. No appropriation was made for the payment of these judgments. Attached to this copy is a typewritten list of all judgments rendered since the date of that document.

Respectfully,

The SECRETARY OF THE TREASURY.

WM. S. KENYON, Acting Attorney-General.

List of judgments in Indian depredation claims in favor of claimants.

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No. 902.

W. A. SIMPSON, ADMINISTRATOR.

LETTER FROM THE ASSISTANT CLERK OF THE COURT OF CLAIMS, TRANSMITTING A COPY OF THE FINDINGS FILED BY THE COURT IN THE CASE OF W. A. SIMPSON, ADMINISTRATOR OF DAVID V. MARNEY, DECEASED, AGAINST THE UNITED STATES.

MAY 11, 1910.-Referred to the Committee on War Claims and ordered to be printed.

COURT OF CLAIMS, CLERK'S OFFICE,

Washington, May 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 the Committee on War Claims, House of Representatives, under the act of March 3, 1883, known as the Bowman Act.

I am, very respectfully, yours,

Hon. JOSEPH G. CANNON,

JOHN RANDOLPH, Assistant Clerk Court of Claims.

Speaker of the House of Representatives.

[Court of Claims. Congressional, No. 13190. Estate of David V. Marney, deceased, v. The United States.]

This case, being a claim for supplies or stores alleged to have been taken by or furnished to the military forces of the United States for their use during the late war for the suppression of the rebellion, the court, on a preliminary inquiry, finds that David V. Marney, deceased, the person alleged to have furnished such supplies or stores, or from whom the same are alleged to have been taken, was loyal to the Government of the United States throughout said war.

Filed December 7, 1908.

BY THE COURT.

[Court of Claims. Congressional, No. 13190. W. A. Simpson, administrator de bonis non of David V. Marney, deceased, v. The United States.]

STATEMENT OF CASE.

The claim in the above-entitled case, for supplies or stores alleged to have been taken by or furnished to the military forces of the United States for their use during the late war for the suppression of the rebellion, was transmitted to the court by the Committee on War Claims of the House of Representatives on the 4th day of February,

On a preliminary inquiry, the court, on the 7th day of December, 1908, found that the person alleged to have furnished the supplies or stores, or from whom they were alleged to have been taken, was loyal to the Government of the United States throughout said war.

The case was brought to a hearing on its merits on the 24th day of January, 1910. G. W. Z. Black, esq., appeared for claimant, and the Attorney-General, by M. L. Blake, esq., his assistant, and under his direction, appeared for the defense and protection of the interests of the United States.

The claimant in his petition makes the following allegations:

That he was duly appointed and qualified as administrator de bonis non of the estate of David V. Marney, deceased, late of Loudon County, Tenn., and files herewith duly authenticated certificate of said appointment.

That during the late civil war there was taken from his decedent in Roane County, Tenn., by the military forces of the United States, consisting of the Second Regiment of Ohio Infantry, and appropriated to the use of the army, property of the kind and value as follows:

750 pine trees, averaging three saw stocks to the tree, at $1.50 per stock... $3,375.00 (Taken on or about November, 1864.)

The claim was presented to the Quartermaster-General under act of July 4, 1864, and disallowed on the ground that he was not convinced that said claim was just.

The court, upon the evidence adduced and after considering the briefs and arguments of counsel on both sides, makes the following

FINDING OFf fact.

During the late civil war the military forces of the United States, by proper authority, for the use of the army, took from the claimant's decedent in Roane County, Tenn., trees as described in the petition, which at the time and place of taking were reasonably worth the sum of eight hundred and sixty-seven dollars ($867). No payment appears to have been made therefor.

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BY THE COURT.

JOHN RANDOLPH,

Assistant Clerk Court of Claims.

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A REPLY TO THE INQUIRY OF THE HOUSE AS TO CERTAIN COMMUNICATIONS RELATING TO THE MINDORO DEVELOPMENT

COMPANY IN THE PHILIPPINES.

MAY 12, 1910.-Referred to the Committee on Insular Affairs and ordered to be

printed.

WAR DEPARTMENT, Washington, May 11, 1910.

Mr. SPEAKER: Referring to the resolution of the House of Representatives, of May 10, 1910, as follows:

Resolved, That the Secretary of War be, and he is hereby, directed to furnish the House of Representatives, if not incompatible with the public interest, a true copy of the cablegram mentioned by officials of the War Department before the House Committee on Insular Affairs on April thirteenth, nineteen hundred and ten, as having been sent, presumably, to the governor-general of the Philippine Islands, and the reply cablegram of the governor-general thereto, with reference to the Mindoro Development Company, a corporation organized under the laws of New Jersey, together with true copies of all other cablegrams or letters exchanged between the War Department and the Philippine government or between the War Department and any other persons, by telegram, letter, or otherwise, with reference to said Mindoro Development Company, and to inform the House whether said company has been authorized to do business in the Philippine Islands

I submit herewith, in compliance with said resolution, a true copy of a cablegram sent on March 30, 1910, by the Chief of the Bureau of Insular Affairs, War Department, to the governor-general of the Philippine Islands, and of the latter's reply, received April 9, 1910, regarding the Mindoro Development Company. Aside from the information contained in the cablegram from the governor-general, which indicates that the Mindoro Development Company has been authorized to do business in the Philippine Islands, nothing further is known at the War Department concerning that company, nor have there been exchanged any other cablegrams or letters between the

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