2d Session.

JUDGMENTS OF THE COURT OF CLAIMS.

No. 11.

A communication from the Clerk of the Court of Claims, transmitting a statement of the judgments rendered by said court for the fiscal year which ended November 30, 1890.

DECEMBER 2, 1890.-Referred to the Committee on Claims.

The clerk of the Court of Claims, in pursuance of section 1057 of the Revised Statutes of the United States, transmits to Congress the following statement of all judgments rendered by said court for the year ending November 30, 1890, the amounts thereof, the parties in whose favor rendered, and a brief synopsis of the nature of the claims upon which said judgments were rendered. Respectfully submitted.

ARCHIBALD HOPKINS,

Chief Clerk.

The following claims are for longevity pay under act March 3, 1883 (22 Stat. L., 473), and act March 3, 1885 (23 Stat. L., 436):

The following cases were dismissed by consent of both parties:

SAMUEL WATSON v. UNITED STATES.

A communication from the Assistant Clerk of the Court of Claims, transmitting the finding and opinion of the court in the case of Samuel Watson v. The United States.

DECEMBER 6, 1890.-Referred to the Committee on War Claims.

COURT OF CLAIMS, CLERK'S OFFICE,

Washington, December 5, 1890.

SIR: Pursuant to the order of the court I transmit herewith a certified copy of the finding and opinion of 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.

I am, very respectfully, yours, etc.,

Hon. THOS. B. REED,

JOHN RANDOLPH,

Assistant Clerk Court of Claims.

Speaker of the House of Representatives.

[Court of Claims. Congressional, No. 5559. Samuel Watson v. The United States. Decided Janu. ary 13, 1890.]

OPINION.

Davis, J., delivered the opinion of the court.

This being a claim for stores and supplies transmitted to this court by a committee of the House of Representatives, the preliminary inquiry required by the statute (22 Stat. L., p. 485, sec. 4) has been had upon the subject of the loyalty of the person from whom the stores or supplies are alleged to have been taken. In this inquiry it appeared that the same claim was presented to the Quartermaster-General in accordance with the provisions of the act of July 4, 1864, and that the agent of that officer charged with the investigation of the claim reported as follows as to Watson's loyalty:

"I made extensive inquiry in the neighborhood where Samuel Watson, deceased, resided during the war, and am convinced, from the information I received and the testimony of Mr. Smith, a reliable witness, that decedent and his son, J. S. Watson, were loyal to the United States during the war and that decedent's children by his first wife were disloyal."

Upon the merits the agent reported adversely to the claimant, and the Quartermaster finally disallowed the claim, upon the ground that he was "unable to certify that he was convinced that the stores were actually received or taken for the use of and used by the United States Army."

Since this decision no testimony has been taken in the case, and the plaintiff relies upon the fact that the Quartermaster-General did not disallow the claim upon the ground of disloyalty, as well as upon the report of the agent of the QuartermasterGeneral and upon the affidavit of Smith.

In Calhoun v. The United States (24 C. Cls. R., 414) a claim sent here by a committee of Congress had been investigated by the Quartermaster-General and an ad