(46 S.Ct.) No. 164. SOVEREIGN CAMP of the WOODMEN of the WORLD, petitioner, v. Alice C. SHELTON. Jan. 25, 1926. On writ of certiorari to the County Court of Frio County, State of Texas. Mr. Harry J. Gerrity, of Washington, D. C., for petitioner Sovereign Camp of Woodmen of the World. Messrs. Rufus S. Day, of Washington, D. C., D. E. Bradshaw, of Omaha, Neb., and E. D. Henry, John H. Bickett, Jr., and L. M. Bickett, all of San Antonio, Tex., for respondent. PER CURIAM. Reversed with costs, upon the authority of Royal Arcanum v. Green, 237 U. S. 531, 35 S. Ct. 724, 59 L. Ed. 1089, L. R. A. 1916A, 771; Supreme Lodge, Knights of Pythias v. Meyer, 265 U. S. 30, 44 S. Ct. 432, 68 L. Ed. 885; Modern Woodmen of America v. Mixer, 267 U. S. 544, 45 S. Ct. 389, 69 L. Ed. 783. 2 No. 171. James C. DAVIS, Director General of Railroads, petitioner, v. WESTINGHOUSE, CHURCH, KERR & COMPANY, Inc. Jan. 25, 1926. Mr. David H. Leake, of Richmond, Va., for petitioner. Messrs. Henry W. Anderson and Thomas B. Gay, both of Richmond, Va., for respondent. Resignation of James C. Davis, Director General of Railroads, and Andrew W. Mellon, as present Director General of Railroads, ordered substituted as the party petitioner, on motion of Mr. David H. Leake in that behalf. 3 No. 232. Frederick C. HICKS, Alien Property Custodian, appellant, v. Richard MAYER et al.; V. No. 233. Richard MAYER, appellant, Frederick C. HICKS, Alien Property Custodian; and No. 234. Edwin REIS et al., appellants, v. Richard MAYER and Frederick C. Hicks, as Alien Property Custodian. Jan. 25, 1926. Mr. Solicitor General Mitchell, of Washington, D. C., for the motion. Death of Frederick C. Hicks suggested and Howard Sutherland, present Alien Property Custodian, substituted as the party appellant in No. 232, as a party appellee in Nos. 233 and 234, on motion of Mr. Solicitor General Mitchell in that behalf. Court of the State of Pennsylvania. For opinion below, see 283 Pa. 274, 128 A. 918. Mr. C. D. Scully, of Pittsburgh, Pa., for petitioner. PER CURIAM. Reversed with costs, upon the authority of Southern Ry. Co. v. United States, 222 U. S. 20, 32 S. Ct. 2, 56 L. Ed. 72; Texas & Pacific Ry. Co. v. Rigsby, 241 U. S. 33, 37, 36 S. Ct. 482, 60 L. Ed. 874. 6 No. 543. MAYOR and BOARD of ALDERMEN of the TOWN of VIDALIA, appellants, v. S. B. McNEELY; and No. 593. S. B. McNEELY, appellant, v. MAYOR and BOARD of ALDERMEN of the TOWN of VIDALIA. Jan. 25, 1926. Mr. G. P. Bullis, of Vidalia, La., for the motion. Suggestion of the death of S. B. McNeely and motion to substitute Louisa McNeely as administratrix of the estate of S. B. McNeely, deceased, appellant in No. 593. granted on motion of Mr. as the party appellee in No. 543, and the party G. P. Bullis in that behalf. No. 574. CHICAGO AND EASTERN ILLINOIS RAILWAY COMPANY, plaintiff in error, v. CHICAGO HEIGHTS TERMINAL TRANSFER RAILROAD COMPANY. Jan. 25, 1926. In error to the Supreme Court of the State of Illinois. For opinion below, see 317 Ill. 65, 147 N. E. 666. Messrs. Homer T. Dick, and M. F. Gallagher, both of Chicago, Ill., for plaintiff in error. Messrs. William E. Lamb, James G. Condon, and Luther M. Walter, all of Chicago, Ill., for defendant in error. PER CURIAM. Dismissed for want of jurisdiction, upon the authority of section 237 of the Judicial Code as amended by the act of September 6, 1916, c. 448, § 2, 39 Stat. 726 (Comp. St. § 1214); Jett Bros. Distilling Co. v. Carrolton, 252 U. S. 1, 5, 6, 40 S. Ct. 255, 64 L. Ed. 421. Petition for certiorari denied. No. 852. Alexander C. SHAW, Attorney in fact for N. R. WATERMAN, petitioner, v. Hubert WORK, Secretary of the Interior. Jan. 25, 1926. For opinion below, see 9 F. (2d) 1014. Mr. F. W. Clements, of Washington, D. C., for petitioner. Messrs. Wm. D. Mitchell, Sol. Gen., of Washington, D. C., B. M. Parmen ter, Asst. Atty. Gen. and H. L. Underwood, Sp. | CITY of NEW YORK. Jan. 25, 1926. For Asst. Atty. Gen., for respondent. Petition for a writ of certiorari to the Court of Appeals of the District of Columbia denied. (270 U. S. 642) No. 853. ARIZONA COMMERCIAL MINING COMPANY, petitioner, v. IRON CAP COPPER COMPANY. Jan. 25, 1926. For opinion below, see 239 P. 290. Mr. Edward F. McClennen, of Boston, Mass., for petitioner. Messrs. John P. Gray, of Coeur D'Alene, Idaho, Burton E. Eames, of Boston, Mass., and Samuel H. Morris and James R. Malott, both of Globe, Ariz., for respondent. Petition for a writ of certiorari to the Superior Court of Gila County, Arizona, denied. No. 855. Mildred D. HOLT, Edgar Daniel, Dollie Daniel Walker et al., etc., petitioners, v. DANIEL SONS & PALMER COMPANY and Daniel Sons & Palmer Company et al., etc. Jan. 25, 1926. For opinion below, see 8 F. (2d) 700. Messrs. B. E. Pierce and Wallace B. Pierce, both of Augusta, Ga., and Jas. A. Dixon, of Millen, Ga., for petitioners. Mr. Archibald B. Lovett, of Savannah, Ga. (Messrs. Stephens & Stephens, Hartridge, Wright & Brennan and Hitch, Denmark & Lovett, all of Savannah, Ga., of counsel), for respondents. Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Fifth Circuit denied. No. 856. Charles E. SCHAFF, as Receiver, etc., petitioner, v. Ella DAUGHERTY, Administratrix. Jan. 25, 1926. For opinion below, see 239 P. 922. Messrs. Joseph M. Bryson and Charles S. Burg, both of St. Louis, Mo., Maurice D. Green, of Muskogee, Okl., and Howard L. Smith, of Tulsa, Okl., for petitioner. Messrs. Thurman S. Hurst, of Pawnee, Okl., and Frederick M. Miner, William A. Tautges, Bertram W. Wilder and Robert J. McDonald, all of Minneapolis, Minn., for respondent. Petition for a writ of certiorari to the Supreme Court of Oklahoma denied. No. 857. The STRAESSER-ARNOLD COMPANY, Petitioner, v. The FRANKLIN SUGAR REFINING COMPANY. Jan. 25, 1926. For opinion below, see 8 F. (2d) 601. Messrs. George J. Jochem and Claude U. Stone, both of Peoria, Ill., for petitioner. Messrs. Robert W. Childs and Wm. A. Bradford, both of Chicago, Ill., and Lester S. Waterbury, of Mt. Vernon, N. Y. (Good, Childs, Bobb & Wescott, of Chicago, Ill., and Hull, Abbott & Carpenter, of New York City, of counsel), for respondent. Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Seventh Circuit denied. opinion below, see 240 N. Y. 317, 148 N. E. 535. Mr. Charles A. Frueauff, of New York City, for petitioner. Mr. Percy S. Dudley, of New York City, for respondent. Petition for a writ of certiorari to the Court of Appeals of the State of New York denied. No. 859. AMERICAN REFRIGERATOR TRANSIT COMPANY et al., petitioner, v. The WABASH RAILWAY COMPANY. Jan. 25, 1926. For opinion below, see 7 F.(2d) 335. Messrs. C. A. de Gersdorff, of New York City, T. H. Devine, of Pueblo, Colo., and M. U. Hayden and Edw. J. White, both of St. Louis, Mo., for petitioners. Messrs. Winslow S. Pierce, of New York City, and Homer Hall, Louis H. Strasser, and Nat. S. Brown, all of St. Louis, Mo., for respondent. Messrs. North T. Gentry, Atty. Gen., of Missouri, Edward L. Katzenbach, Atty. Gen., of New Jersey, Dan Moody, Atty. Gen., of Texas, for intervening petitioners. Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Eighth Circuit denied. The motions for leave to intervene on behalf of the States of New Jersey, Missouri, and Texas are also denied. No. 16, original. STATE of WISCONSIN, complainant, v. STATE of ILLINOIS and Sanitary District of Chicago. Feb. 1, 1926. Messrs. Wm. J. Morgan and Ralph M. Hoyt, both of Milwaukee, Wis., for the State of Wisconsin. Messrs. Edward J. Brundage, Wm. F. Mulvihill, and Clyde L. Day, all of Chicago, Ill., for the State of Illinois. The motions for leave to file intervening petitions on behalf of the States of Missouri, Kentucky, Tennessee, and Louisiana herein are granted. No. 85. George H. KELLY et al., copartners, etc., appellants, v. Dwight F. DAVIS, Secretary of War of the United States of America, et al. Feb. 1, 1926. Appeal from the District Court of the United States for the Northern District of California. Messrs. William F. Humphrey, of San Francisco, Cal., and Eugene R. West, of Washington, D. C., for plaintiffs and appellants. Messrs. Wm. D. Mitchell, Sol. Gen., of Washington, D. C., and Alfred A. Wheat, Sp. Asst. Atty. Gen., for respondent. Dismissed with costs, and mandate granted, on motion of Mr. Eugene West in behalf of Mr. William F. Humphrey for the appellants. (270 U. S. 629) (46 S.Ct.) No. 211. The UNITED STATES of America, on the relation of Charlie NEWMAN, plaintiff in error, v. William C. HECHT, United States Marshal, etc. Feb. 1, 1926. In error to the District Court of the United States for the Southern District of New York. Mr. Wm. D. Mitchell, Sol. Gen., of Washington, D. C., Mrs. Mabel Walker Willebrandt, Asst. Atty. Gen., and Mr. Louis J. Vorhaus, of New York City, for plaintiff in error. Transferred to the United States Circuit Court of Appeals for the Sec ond Circuit. No. 212. The UNITED STATES of America, on the relation of Lewis FISHLANDER alias Lewis Wilson, plaintiff in error, v. William C. HECHT, United States Marshal. Feb. 1, 1926. In error to the District Court of the United States for the Southern District of New York. Mr. Wm. D. Mitchell, Sol. Gen., of Washington, D. C., Mrs. Mabel Walker Willebrandt, Asst. Atty. Gen., and Mr. Louis J. Vorhaus, of New York City, for plaintiff in error. Transferred to the United States Circuit Court of Appeals for the Second Circuit. 3 No. 223. James C. DAVIS, Agent and Director General of Railroads, petitioner, v. Abraham WEISS, Administrator, etc. Feb. 1, 1926. Messrs. A. A. McLaughlin, of Des Moines, Iowa, and Arthur W. Blackman, of Boston, Mass., for petitioner. Resignation of James C. Davis suggested, and Andrew W. Mellon as present Director General of Railroad substituted as the party petitioner, on motion of Mr. A. A. McLaughlin in that behalf. (270 U. S. 666) No. 296. The UNITED STATES of America v. Arthur L. BACKMAN, Master of THE Schooner FRANCES LOUISE, etc. Feb. 1, 1926. Appeal from the District Court of the United States for the District of Massachusetts. For opinion below, see 1 F. (2d) 1004. Mr. William D. Mitchell, Sol. Gen., of Washington, D. C., and Mrs. Mabel Walker Willebrandt, Asst. Atty. Gen., for the United States. Messrs. William H. Lewis and Matthew L. McGrath, both of Boston, Mass., for appellee. Dismissed, and mandate granted, on motion of Mr. Solicitor General Mitchell for the appellant. (270 U. S. 666) No. 297. The UNITED STATES of America, appellant, v. Arthur L. BACKMAN, Master of THE Schooner FRANCES LOUISE, etc. Feb. 1, 1926. Appeal from the District Court of the United States for the District of Massachusetts. For opinion below, see 1 F. (2d) 1004. Mr. William D. Mitchell, Sol. Gen., of Washington, D. C., and Mrs. Mabel Walker Willebrandt, Asst. Atty. Gen., for the United States. Messrs. William H. Lewis and Matthew L. McGrath, both of Boston, Mass., for appellee. Dismissed, and mandate granted, on 46 S.CT.-14 No. 298. The UNITED STATES of Amer Massachusetts. ica, appellant, v. Arthur L. BACKMAN, Master of THE Schooner FRANCES LOUISE, etc. Feb. 1, 1926. Appeal from the District Court of the United States for the District of For opinion below, see 1 F. (2d) 1004. Mr. William D. Mitchell, Sol. Gen., of Washington, D. C., and Mrs. Mabel Walker Willebrandt, Asst. Atty. Gen., for the United States. Messrs. William H. Lewis and Matthew L. McGrath, both of Boston, Mass., for appellee. Dismissed, and mandate granted, on motion of Mr. Solicitor General Mitchell for the appellant. No. 339. The UNITED STATES of Amer ica, appellant, v. Harry RITCEY, Master of THE British Schooner MARJORIE E. BACHMAN, etc., et al. Feb. 1, 1926. Appeal from the District Court of the United States for the District of Massachusetts. For opinion below, see 4 F. (2d) 405. Mr. Solicitor General Mitchell, of Washington, D. C., for the United States. Messrs. Wm. H. Lewis and Matthew L. McGrath, both of Boston, Mass., for appellees. Dismissed, and mandate granted, on motion of Mr. Solicitor General Mitchell for the appel lant. No. 340. The UNITED STATES of Amer ica, appellant, v. Harry RITCEY, Master of THE British Schooner MARJORIE E. BACHMAN, etc., et al. Feb. 1, 1926. Appeal from the District Court of the United States for the District of Massachusetts. For opinion below, see 4 F. (2d) 405. Mr. Solicitor General Mitchell, of Washington, D. C., for the United States. Messrs. William H. Lewis and Matthew L. McGrath, both of Boston, Mass., for appellees. Dismissed, and mandate granted, on motion of Mr. Solicitor General Mitchell for the appellant. No. 341. The UNITED STATES of America, appellant, v. Harry RITCEY, Master of THE British Schooner MARJORIE E. BACHMAN, etc., et al. Feb. 1, 1926. Appeal from the District Court of the United States for the District of Massachusetts. For opinion below, see 4 F. (2d) 405. Mr. Solicitor General Mitchell, of Washington, D. C., for the United States. Messrs. William H. Lewis and Matthew L. McGrath, both of Boston, Mass., for appellees. Dismissed, and mandate granted, on motion of Mr. Solicitor General Mitchell for the appellant. for defendant in error. Death of Ernest G. 752. Messrs. Thos. J. Bresnahan and Elmer H. Miller, suggested, and Fred A. Miller and Elise | Groefsema, both of Detroit, Mich., for petitionK. John, executors of the estate of Ernest G. er. Mr. J. Walter Dohany, of Detroit, Mich. Miller, deceased, substituted as the parties (Mr. Frank E. Robson, of Detroit, Mich., of plaintiffs in error, on motion of Mr. John Walsh counsel), for respondent. Petition for writ of in behalf of Mr. A. W. Schutz for the plaintiffs certiorari to the Supreme Court of the State of in error. Michigan denied. No. 716. The UNITED STATES of America, petitioner, V. CENTRAL RAILROAD COMPANY of NEW JERSEY. Feb. 1, 1926. On writ of certiorari to the Court of Claims. For opinion below, see 59 Ct. Cl. 971. Messrs. William D. Mitchell, Sol. Gen., of Washington, D. C., and Herman J. Galloway, Asst. Atty. Gen., for the United States. Mr. Alexander H. Elder, of New York City (Mr. George Holmes, of New York City, of counsel), for respondent. Dismissed, and mandate granted, on motion of Mr. Solicitor General Mitchell for the petitioner. No. 844. DONNER STEEL COMPANY, Inc., petitioner, v. The UNITED STATES. Feb. 1, 1926. Mr. Henry H. Dinneen, of Baltimore, Md., for petitioner. Messrs. Wm. D. Mitchell, Sol. Gen., of Washington, D. C., Henry J. Galloway, Asst. Atty. Gen., W. F. Norris and Joseph Henry Cohen, Sp. Asst. Attys. Gen., for the United States. Petition for writ of certiorari to the Court of Claims denied. For opinion below, see 61 Ct. Cl. 209. No. 866. James F. TODD, petitioner, v. The UNITED STATES of America. Feb. 1, 1926. For opinion below, see Beaux Arts Dresses v. United States, 9 F. (2d) 531. Mr. Moses Cohen, of New York City, for petitioner. Messrs. Wm. D. Mitchell, Sol. Gen., of Washington, D. C., Oscar R. Luhring, Asst. Atty. Gen., and Harry S. Ridgely, of Washington, D. C., for the United States. Petition for writ of certiorari to the United States Circuit Court of Appeals for the Second Circuit denied. No. 874. Morton Howard MARR, sometimes called Pat Marr, petitioner, v. The UNITED STATES of America. Feb. 1, 1926. For opinion below, see 8 F. (2d) 231. Messrs. W. H. Martin, of Hot Springs, Ark., and J. K. Mahony and W. T. Saye, both of El Dorado, Ark., for petitioner. Messrs. William D. Mitchell, Sol. Gen., of Washington, D. C., Oscar R. Luhring, Asst. Atty. Gen., and Harry S. Ridgely, of Washington, D. C., for the United States. Petition for writ of certiorari to the United States Circuit Court of Appeals for the Eighth Circuit denied. No. 875. Rosannah BROWN et al., petitioners, v. The UNITED STATES of America. Feb. 1, 1926. For opinion below, see 8 F. (2d) 564. Messrs. Nathan A. Gibson and Joseph L. Hull, both of Muskogee, Okl., and Frank L. Montgomery, of Eufaula, Okl. (West, Gibson, Sherman, Davidson & Hull, of Tulsa, Okl., of counsel), for petitioners. Messrs. William D. Mitchell, Sol. Gen., of Washington, D. C., B. No. 861. Emily BEAUCHAMP, Administra- M. Parmenter, Asst. Atty. Gen., and H. L. trix of the Estate of Ralph Beauchamp, de- Underwood, Sp. Asst. Atty. Gen., for the Unitceased, petitioner, v. MICHIGAN CENTRAL ed States. Petition for writ of certiorari to RAILROAD COMPANY. Feb. 1, 1926. For the United States Circuit Court of Appeals for opinion below, see 231 Mich. 546, 204 N. W. the Eighth Circuit denied. (270 U. S. 643) 4 (270 U. S. 375) (46 S.Ct.) The appellant entered into a contract with TOWAR COTTON MILLS, Inc., v. UNITED the government, dated June 24, 1918, to supply it with a quantity of cloth at a specified price. It was provided by the contract STATES. (Argued Jan. 29, 1926. Decided March 1, that the government might, in the event of 1926.) No. 196. 1. Courts 389-In action on canceled government contract, attack on validity of accepted award would not be considered on appeal, in absence of proof of loss or findings justifying petitioner's recovery. the termination of the war, cancel the contract with respect to cloth not delivered. The contract contained a clause for ascertaining the balance due and payable to the appellant in case of cancellation. By a second contract of July 6, 1918, the government undertook to advance money to appellant for the purchase In action on contract for war supplies, can- of machinery, equipment, and raw material celed by the government, questions relating to required for the performance of its original validity of award sought to be avoided would contract. Appellant gave its demand note for not be considered by Supreme Court on ap- the principal sum advanced, with interest at peal from Court of Claims, in absence of find- 6 per cent., and it was provided by the conings in Court of Claims of any loss by reason of tract that specified deductions from paycancellation or any findings which would sup-ments, as they became due from the governport judgment in favor of petitioner. 2. United States 72-Accepted award based on canceled government contract for war supplies held not bar to counterclaim for balance due on note given pursuant to another contract. Where loss on contract for war supplies, canceled by government, was embodied in claim to War Department, on basis of which an award was made and accepted, award held not a bar to government's counterclaim for balance due on note executed by contractor under subsequent contract for advances for purchase of machinery and material. 3. United States 72-Award by government, based on canceled contract, held properly credited on amount due government as of its date, rather than date of cancellation of contract. An award authorized by the War Department, based on canceled contract for war supplies, was properly credited on note evidencing indebtedness to government under subsequent contract as of date of award, rather than date of cancellation of former contract. Appeal from the Court of Claims. Suit by the Towar Cotton Mills, Inc., against the United States. From a judgment of the Court of Claims (59 Ct. Cl. 841), dismissing petition and granting recovery on counterclaim, petitioner appeals. Affirmed. Mr. Raymond M. Hudson, of Washington, D. C., for appellant. ment for the cloth delivered, should be credited on the note. On November 15, 1918, the government canceled the original contract after 19.02 per cent. of the deliveries stipulated for had been made. War Department for the amount due under Appellant presented a claim to the this contract, and after proceedings had before the Purchase Claims Board, and an appeal to the Board of Contract Adjustment, an award was made to appellant, by authority of the Secretary of War, in the sum of $14,054.59, which was stated by its terms to be "in full adjustment, payment, and discharge of said agreement" of June 24, 1918. On June 3, 1920, appellant accepted the award by a formal statement to that effect, written at the end of it and signed by the appellant, by its treasurer. *377 *The cause of action stated by appellant is upon its first contract of June 24, 1918, and, as the Court of Claims found, all of the items set up by appellant in this suit were embodied in its claim to the War Department on which the award was made. The government pleaded, by way of counterclaim, the balance due upon the appellant's promissory note, less the amount of the award, and judgment was given against the appellant for this amount, with accrued interest. [1] Appellant, notwithstanding such cases as United States v. Adams, 7 Wall. 463, 19 L. Mr. Assistant Attorney General Galloway, Ed. 249; Savage, Executrix, v. United States, for the United States. *376 92 U. S. 382, 388, 23 L. Ed. 660; United States v. Child & Co., 12 Wall. 232, 243, 20 L. Ed. 360; United States v. Justice, 14 Wall. *Mr. Justice STONE delivered the opinion 535, 20 L. Ed. 753; Mason v. United States, of the Court. This appeal was taken from a judgment of the Court of Claims (Judicial Code, § 242 [Comp. St. § 1219], before its repeal by Act Feb. 13, 1925 [43 Stat. 941]), dismissing appellant's petition and adjudging that the United States was entitled to recover on a counterclaim set up in its answer in that court. 17 Wall. 67, 21 L. Ed. 564, seeks to avoid the effect of the accepted award by setting up that the Secretary of War was without authority to make it and, upon various technical grounds, that appellant's acceptance was not binding. It is unnecessary for us to consider these contentions; for there are no findings by the Court of Claims that appellant suffered any For other cases see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes |