Imágenes de páginas
PDF
EPUB

CONGRESS

MILLARD J. CONLEY.

LETTER FROM THE ASSISTANT CLERK OF THE COURT OF CLAIMS, TRANSMITTING A CERTIFIED COPY OF THE FINDINGS OF THE COURT IN THE CAUSE OF MILLARD J. CONLEY AGAINST THE UNITED STATES.

JUNE 1, 1910.—Referred to the Committee on War Claims and ordered to be printed.

COURT OF CLAIMS, CLERK'S OFFICE,

Washington, May 31, 1910.

SIR: Pursuant to the order of the court I transmit herewith a certified copy of the findings of the court in the aforesaid cause, which case was referred to this court by resolution of the House of Reprosentatives 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.

[Court of Claims of the United States. Congressional, No. 12232. Millard J. Conley, heir of Harmon

Conley, deceased, v. The United States.]

STATEMENT OF THE CASE.

This is a claim for five rafts of logs, bound together with lines, alleged to have been taken by or furnished to the military forces of the United States during the late civil war for the use of the army.

On March 31, 1906, the House of Representatives, by resolution, referred to the court under the act of March 3, 1887, the following bill:

"[H. R. 5923, Fifty-ninth Congress, first session.]

"A BIL For the relief of M. J. Conley, heir of Harmon Conley, deceased.

"Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury be, and he hereby is, directed to pay to M. J. Conley, heir of Harmon Conley, deceased, the sum of two thousand six hundred and twenty-five dollars for property taken from Harmon Conley by the United States Army during the late civil war.

The claimant, in his petition, makes the following allegations:

(1) That he is the heir of Harmon Conley, deceased; that said decedent was, during the late war, a resident of the State of Kentucy and did not give any aid or

comfort to the said rebellion but was throughout said war loyal to the Government of the United States.

(2) That the following property belonging to Harmon Conley was taken from him by the United States Army and used by the said army, the date, place, and command being particularly stated below:

On Big Sandy River, in the State of Kentucky, on or about November, 1861, by troops under the command of General Nelson, U. S. Army, to wit:

Five rafts of poplar, oak, and walnut saw logs, containing 500 logs at $5 a log. $2,500 Five new lines, 550 feet...

125

2,625

This case was brought to a hearing on loyalty and merits on the 26th day of January, 1910.

King & King, esqs., appearing for the claimant, and the Attorney-General, by F. W. Collins, esq., his assistant and under his direction, appearing 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. The claimant's decedent, Harmon Conley, was loyal to the Government of the United States throughout the late civil war.

II. During said war there were seized by the military forces of the United States under the command of General Nelson, on Paint Creek, near the mouth of Big Sandy River, in Kentucky, rafts of logs, as set forth in the petition, which were used for the transportation of soldiers to Catlettsburg, and while so in use, a short distance from where they started on Paint Creek, they ran into a shoal and became separated, so that the expedition was abandoned. What became of the logs, or what was done with them, is not shown by the evidence; nor is the value of the use to the claimant's decedent for the purpose for which they were seized shown by the evidence. The reasonable value of the logs and lines connecting the same was then and there the sum of twelve hundred dollars ($1,200), no part of which appears to have been paid. III. The claim herein was presented to the Quartermaster-General May 13, 1876, and by that officer disallowed. Thereafter the claim was presented to the Fiityninth Congress and sul sequently referred to the court by resolution of the House of Representatives, as set forth in the statement of the case.

[merged small][merged small][merged small][merged small][merged small][ocr errors]

2d Session.

No. 943.

APPRAISEMENT AND CLASSIFICATION OF LANDS, COEUR D'ALENE INDIAN RESERVATION.

LETTER

FROM

THE SECRETARY OF THE INTERIOR,

TRANSMITTING

A DRAFT OF AN ITEM MAKING AVAILABLE FOR SURVEY AND ALLOTMENT WORK THE $7,500 APPROPRIATED BY THE URGENT DEFICIENCY BILL FEBRUARY 25, 1910, TO COMPLETE THE APPRAISEMENT AND CLASSIFICATION OF LANDS ON THE COEUR D'ALENE INDIAN RESERVATION, IN IDAHO.

JUNE 2, 1910.-Referred to the Committee on Appropriations and ordered to be

printed.

DEPARTMENT OF THE INTERIOR,

Washington, June 1, 1910.

SIR: By direction of the President I have the honor to transmit herewith, with the suggestion that it be inserted in the general deficiency bill, if appropriate, the draft of an item making available for survey and allotment work the $7,500, or so much thereof as may be necessary, appropriated by the urgent deficiency bill approved February 25, 1910, to complete the appraisement and classification of lands on the Coeur d'Alene Indian Reservation, in Idaho.

There is not a sufficient sum available from the appropriation made by the act of April 21, 1904 (33 Stat. L., 211), for surveying and allotting the Coeur d'Alene Reservation, to pay an account, approved for $3,212.74, for surveying 384 miles 30 chains and 75 links of public survey lines completed September 16, 1905, under contract No. 258.

It will not require all of the $7,500 appropriated by the urgent deficiency bill to complete the appraisement and classification work on the Coeur d'Alene Reservation, and the department would be glad to

have the surplus made available to meet the deficiency in the appropriation for the survey and allotment of the Coeur d'Alene Reservation by the insertion in the general deficiency bill of an item similar to that transmitted herewith.

Very respectfully,

R. A. BALLINGER, Secretary.

The sum of seven thousand five hundred dollars, or so much thereof as may be necessary, appropriated to complete the classification and appraisement of lands within the Coeur d'Alene Indian Reservation, in the State of Idaho, by the act of February twenty-fifth, nineteen hundred and ten, entitled "An act making appropriations to supply urgent deficiencies in appropriations for the fiscal year nineteen hundred and ten, and for other purposes," be, and the same is hereby, made available to pay for any survey and allotment work heretofore or hereafter completed on said reservation, as well as for the classification and appraisement for which originally appropriated.

О

2d Session.

No. 944.

SUITS AFFECTING SEMINOLE ALLOTTED LANDS.

LETTER

FROM

THE SECRETARY OF THE TREASURY,

TRANSMITTING

A COMMUNICATION FROM THE SECRETARY OF THE INTERIOR SUBMITTING AN ESTIMATE OF APPROPRIATION FOR EXPENSES OF SUITS AFFECTING SEMINOLE ALLOTTED LANDS.

JUNE 2, 1910.-Referred to the Committee on Appropriations and ordered to be printed.

TREASURY DEPARTMENT,
OFFICE OF THE SECRETARY,
Washington, June 1, 1910.

SIR: I have the honor to transmit herewith, for the consideration of Congress, a communication from the Secretary of the Interior, of the 1st instant, submitting, by direction of the President, an estimate of appropriation in the sum of $6,000, out of any tribal funds belonging to the Seminole tribe of Indians, to be expended, under the direction of the Attorney-General, for expenses of suits affecting Seminole allotted lands, with the request that the same be inserted in the sundry civil appropriation bill, now pending.

Respectfully,

FRANKLIN MACVEAGH,

Secretary.

The SPEAKER OF THE HOUSE OF REPRESENTATIVES.

DEPARTMENT OF THE INTERIOR,
Washington, June 1, 1910.

SIR: By direction of the President I have the honor to request that an item be inserted in the sundry civil appropriation bill (H. R. 25552, Union Calendar No. 244), now pending in the House of Representatives, appropriating the sum of $6,000, or so much thereof as may be necessary, from the funds in the Treasury of the United States belonging to the Seminole tribe of Indians, to be expended under the

« AnteriorContinuar »