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# United States v. Quigley/Opinion of the Court

* Court Documents
* Case Syllabus
* Opinion of the Court
United States Supreme Court
103 U.S. 595
United States v. Quigley
The facts of this case as gathered from the findings below are these: In 1860, the claimant, a native of Georgia, was domiciled at Dalton in that State, and doing business as a merchant. About the time the State seceded he left his home and his business and went to Indiana, where he remained until the end of the war. Before leaving he appointed an agent to manage for him while he was gone. This agent, in 1864, bought for him, with moneys collected or acquired on his account, two bales of cotton that were afterwards captured by the military forces of the United States at Savannah. The proceeds, $350.66, are now in the treasury under the Abandoned and Captured Property Act. On these facts the Court of Claims gave judgment against the United States, and to reverse that judgment this appeal was taken.
As was very properly said by the court below, if this claimant had remained at home in his native State and served the Confederacy during the entire war, acquiring his money and buying his cotton himself, this judgment would be right. No actual change of his domicile is shown, and his agent has done for him no more than he might himself have lawfully done if he had stayed where his property was. In no just sense was he trading across the lines with the enemy through the operations of this agent. He was simply saving what he had been compelled to leave, in order to avoid becoming in law an enemy of his government. His property being in enemy territory was enemy property, and subject to capture as such; but he was both in law and in fact a friend. The agency he left behind was only to manage what he could not take away; and as the money invested in the cotton was collected or acquired through this agency, we will presume it was obtained at the place he left rather than sent through the lines. If the facts were otherwise, the United States should have caused it to be so found. No other reasonable construction can be given to the findings as they appear in the record, than that the cotton is the proceeds of the property invested in the business the claimant was compelled to abandon in order to avoid becoming personally implicated in a rebellion against his government.
Judgment affirmed.

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
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# United States v. Pulaski

* related portals: Supreme Court of the United States.
* sister projects: Wikidata item.
United States Supreme Court
238 U.S. 637
United States v. Pulaski

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
Public domainPublic domainfalsefalse
# United States v. Purcell Envelope Company

* related portals: Supreme Court of the United States.
* sister projects: Wikidata item.
United States Supreme Court
249 U.S. 313
United States v. Purcell Envelope Company
Argued: March 10, 1919. --- Decided: March 31, 1919
Mr. Assistant Attorney General Frierson, for the united states.
Mr. Arthur Black, of Boston, Mass., for appellee.
[Argument of Counsel from page 314 intentionally omitted]
Mr. Justice McKENNA delivered the opinion of the Court.

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
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# United States Statutes at Large/Volume 4/22nd Congress/1st Session/Chapter 65

Chap. LXV.—An Act supplementary to the several laws for the sale of public lands.
All public lands offered at private sale may be purchased in fractions of sections, &c.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after the first day of May next, all the public lands of the United States, when offered at private sale, may be purchased at the option of the purchaser, either in entire sections, half sections, quarter sections, half-quarter sections, or quarter-quarter sections; and in every case of a division of a half-quarter section, the line for the division thereof shall run east and west, and the corners and contents of quarter-quarter sections, which may thereafter be sold, shall be ascertained as nearly as may be, in the manner, and on the principles, directed and prescribed by the second section of an act, entitledAct of Feb. 11, 1805, ch. 14. “An act concerning the mode of surveying the public lands of the United States,” passed on the eleventh day of February, eighteen hundred and five; and fractional sections, containing fewer or more than one hundred and sixty acres, shall in like manner, as nearly as may be practicable, be subdivided into quarter-quarter sections, under such rules and regulations as may be prescribed by the Secretary of the Treasury:Proviso. Provided, That this act shall not be construed to alter any special provision made by law for the sale of land in town lots: And, provided also,Proviso. That no person shall be permitted to enter more than one half-quarter section of land under this act, in quarter-quarter section, in his own name, or in the name of any other person, and in no case, unless he intends it for cultivation, or for the use of his improvement. And the person making application to make an entry under this act shall file his and her affidavit, under such regulations as the Secretary of the Treasury may prescribe, that he or she makes the entry in his or her own name, for his or her own benefit, and not in trust for another:Proviso. Provided, further, That all actual settlers, being house-keepers upon the public lands, shall have the right of pre-emption to enter, within six months after the passage of this act, not exceeding the quantity of one half-quarter section, under the provisions of this act, to include his or their improvements, under such regulations as have been, or may be prescribed by the Secretary of the Treasury; and in cases where two persons shall live upon the same quarter section, subject to be entered under the provisions of this act, each shall have the right to enter that quarter-quarter section which includes his improvements.
Approved, April 5, 1832.
# United States Statutes at Large/Volume 4/22nd Congress/1st Session/Chapter 72

Chap. LXXII.—An Act providing for the postponement of the trial of certain cases now pending in the superior courts of Arkansas territory, and for withholding from sale or entry certain lands in said territory.
District attorney authorized to suspend proceedings, &c.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the district attorney of the United States for the territory of Arkansas be, and he is hereby, authorized and required to postpone until after the expiration of the next session of the Supreme Court of the United States, all further proceedings in any case which has been tried, or now is pending for trial, in the superior court of the territory of Arkansas, upon which bills of review have been filed in said superior court on the part of the United States, under the provisions of an act,Act of May 26, 1824, ch. 173. Act of May 8, 1830, ch. 90. Proviso. passed May the eighth, one thousand eight hundred and thirty, entitled “An act further extending the powers of the judges of the superior court of the territory of Arkansas, under the act of the twenty-sixth day of May, one thousand eight hundred and twenty-four, and for other purposes.” Provided, however, that nothing in this act shall be applicable to any of the aforesaid cases now pending for trial on appeals in the Supreme Court of the United States:Proviso. Proviso. And provided also, That nothing herein contained shall prejudice the rights of any of the parties: Provided, also, That no extra compensation shall be allowed said judges until the termination of the next term of the Supreme Court of the United States, after which the judges shall proceed to dispose of said cases under the provisions of said acts, and then be allowed the additional compensation from said time, until the cases are disposed of, or tried, by the said courts of Arkansas.
Lands to be withheld from sale.Sec. 2. And be it further enacted, That the President of the United States shall cause all the lands, the titles to which are involved in, or dependent upon, the trial of said bills of review, which are claimed by purchasers after the rendition of the original judgment, to be withheld from sale until the further order of Congress.
Approved, April 20, 1832.
# United States Statutes at Large/Volume 4/22nd Congress/1st Session/Chapter 77

Chap. LXXVII.—An Act for altering the time of holding the district court of the United States for the district of Indiana.
Court to be held on last Monday in May and November.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the district court of the United States for the district of Indiana shall be hereafter holden on the last Mondays of May and November, in each year, instead of the first Mondays of said months, as is now required by law.
Sec. 2. And be it further enacted, That all proceedings of a civil or criminal nature, now pending in, or returnable to, said court, shall be proceeded in by said court in the same manner as if no alteration of the times for holding said court had taken place.
Approved, May 19, 1832.
# United States Statutes at Large/Volume 4/22nd Congress/1st Session/Chapter 67

Chap. LXVII.—An Act providing for the organization of the ordnance department.
Ordnance department to consist of, &c.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after the passage of this act, the ordnance department shall consist of one colonel, one lieutenant colonel, two majors, and ten captains, and as many enlisted men as the public service may require, not exceeding two hundred and fifty.
Ordnance sergeants.Sec. 2. And be it further enacted, That the Secretary of War be authorized to select from the sergeants of the line of the army, who shall have faithfully served eight years in the service, four years of which in the grade of non-commissioned officer, as many ordnance sergeants as the service may require, not to exceed one for each military post; whose duty it shall be to receive and preserve the ordnance, arms, ammunition, and other military stores, at the post under the direction of the commanding officer of the same, and under such regulations as shall be prescribed by the Secretary of War, and who shall receive for their services five dollars per month, in addition to their pay in the line.
Act of Feb. 8, 1815, ch. 38.Sec. 3. And be it further enacted, That the first section of the act passed on the eighth of February, one thousand eight hundred and fifteen, entitled “An act for the better regulation of the ordnance department,” and so much of the second section of the act, entitled “An act to reduce and fix the military peace establishment of the United States,”Act of March 2, 1821, ch. 13. passed the second of March, one thousand eight hundred and twenty-one, as provides for one supernumerary captain to each regiment of artillery, to perform ordnance duty, and so much of the fourth section of the same act as merges the ordnance department in the artillery, and reduces the number of enlisted men, be, and the same are hereby repealed:Proviso. Provided, That nothing contained in this act shall be so construed as to divest the President of the United States of authority to select from the regiments of artillery such number of lieutenants as may be necessary for the performance of the duties of the ordnance department.
Government and pay.Sec. 4. And be it further enacted, That all officers and enlisted men authorized by this act, shall be subject to the rules and articles of war, and that the officers shall receive the pay and emoluments now allowed, or which may hereafter be allowed, to artillery officers.
Approved, April 5, 1832.
# United States Statutes at Large/Volume 4/22nd Congress/1st Session/Chapter 71

Chap. LXXI.—An Act making appropriations in conformity with the stipulations of certain Indian treaties.
Appropriations for payment of annuities, &c. to certain Indian tribes.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the sum of thirty-nine thousand and seventy-five dollars be appropriated, to be paid out of any money in the treasury not otherwise appropriated, to be applied for the service of the year one thousand eight hundred and thirty-one, to the several following objects specifically, namely:
For payment of the permanent annuity to the Chippewa, Ottawa, and Pattawatamie Indians, for the year one thousand eight hundred and thirty-one, sixteen thousand dollars.
For the expense of salt for the same tribes, according to the treaty with them, one hundred and twenty-five dollars.
For payment of the annuity to the Winnebago Indians, eighteen thousand dollars.
For tobacco and salt for the same tribe, four hundred and twenty-five dollars.
For the support of blacksmiths’ shops, iron, and steel, three thousand dollars.
For the purchase of oxen, cart, and services of a man, at the portage of Ouisconson and Fox river, according to treaty, three hundred and sixty-five dollars.
For the transportation and other expenses of the annuities aforesaid, one thousand one hundred and sixty dollars.
Sec. 2. And be it further enacted, That there be further appropriated, to be paid out of any money not otherwise appropriated, the following sums, namely:
Payment of the claims of the Cherokees for improvements.For payment of the claims of the Cherokees, for improvements abandoned under the treaty of eighth July, one thousand eight hundred and seventeen, and the convention of twenty-seventh February, one thousand eight hundred and nineteen, four thousand five hundred and sixty-eight dollars.
Approved, April 20, 1832.
# United States Statutes at Large/Volume 4/22nd Congress/1st Session/Chapter 66

Chap. LXVI.—An Act to authorize the judges of the courts of the United States to take bail of the claimants of property seized, and perform other acts in vacation.
Judge authorized, &c. to deliver vessel, &c. to claimant.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in any cause of admiralty and maritime jurisdiction, or other case of seizure, depending in any court of the United States, any judge of the said court, in vacation, shall have the same power and authority to order any vessel, or cargo, or other property, to be delivered to the claimants, upon bail or bond, under the statute, as the case may be, or to be sold when necessary, as the said court now has in term time, and to appoint appraisers, and exercise every other incidental power necessary to complete execution of the authority herein granted;Bond to be executed before clerk, &c. and the said recognisance of bail or bond, under such order, may be executed before the clerk upon the party’s producing the certificate of the collector of the district, of the sufficiency of the security offered; and the same proceedings shall be had in case ​of said order of delivery, or of sale, as are now had in like cases when ordered in term time:Proviso. Provided, That upon every such application, either for an order of delivery or of sale, the collector and the attorney of the district shall have reasonable notice in cases of the United States, and the party or counsel in all other cases.
Approved, April 5, 1832.
# United States Statutes at Large/Volume 4/22nd Congress/1st Session/Chapter 69

Chap. LXIX.—An Act to change the time of holding the United States district court, at Staunton, in the western district of Virginia.
Time of holding the district court for the western district of Virginia, altered.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after the passing of this act, the United States district court, in the western district of Virginia, heretofore held at Staunton, on Wednesday after the fourth Monday in April and September, in each year, be hereafter held at Staunton, on the first day of May, and the first day of October, in each year; and when those days, or either of them, fall on Sunday, the court to be held on the next succeeding day.
Approved, April 5, 1832.
# United States Statutes at Large/Volume 4/22nd Congress/1st Session/Chapter 70

Chap. LXX.—An Act authorizing the governor of the territory of Arkansas to lease the salt springs, in said territory, and for other purposes.
Salt springs, &c. reserved from sale.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the salt springs lying on the Washita river, on Little river, and on Saline creek, in said territory of Arkansas, together with as many contiguous sections to each of said springs as shall be equal to one township, and every other salt spring which may be discovered in said territory, with the section of one mile square which includes it, shall be reserved for the future disposal of the United States, and shall not be liable to be entered, located, or appropriated, for any other purpose whatever.
Governor authorized to lease.Sec. 2. And be it further enacted, That the governor of said territory shall be, and is hereby, authorized to let out or lease said springs, for a term not exceeding five years; and the rents and profits arising from said springs shall be applied, by the legislature of said territory, to the opening and improving such roads in said territory, as said legislature may direct, and to no other purpose whatever.
Hot springs reserved.Sec. 3. And be it further enacted, That the hot springs in said territory, together with four sections of land including said springs, as near the centre thereof as may be, shall be reserved for the future disposal of the United States, and shall not be entered, located, or appropriated, for any other purpose whatever.
Approved, April 20, 1832.
# United States Statutes at Large/Volume 4/22nd Congress/1st Session/Chapter 75

Chap. LXXV.—An Act to provide the means of extending the benefits of vaccination, as a preventive of the small-pox, to the Indian tribes, and thereby, as far as possible, to save them from the destructive ravages of that disease.
Tribes to be convened for vaccination.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it shall be the duty of the several Indian agents and sub-agents, under the direction of the Secretary of War, to take such measures as he shall deem most efficient, to convene the Indian tribes in their respective towns, or in such other places and numbers, and at such seasons as shall be most convenient to the Indian population, for the purpose of arresting the progress of small-pox among the several tribes by vaccination.
Physicians or surgeons to be employed, &c.Sec. 2. And be it further enacted, That the Secretary of War be, and he hereby is, empowered to employ as many physicians or surgeons, from the army or resident on the frontier near the point where their services shall be required, as he may find necessary for the execution of this act; and, if necessary, two competent persons to conduct the physicians to the remote Indians who are infected, or may be in immediate danger of being infected, with the small-pox, whose compensation shall be six dollars per day, and six men, whose compensation shall be twenty-five dollars per month.
Supply of vaccine matter.Sec. 3. And be it further enacted, That it shall be the duty of the Secretary of War, to cause all Indian agents to be supplied with genuine vaccine matter; and all agents and sub-agents shall use all proper means to persuade the Indian population to submit to vaccination.
Monthly returns and general report.Sec. 4. And be it further enacted, That all agents, sub-agents, physicians and surgeons, employed in the execution of this act, shall make monthly returns or reports of their proceedings to the War Department ​And the Secretary thereof shall submit to Congress, on or before the first of February next, a general report of all proceedings in the premises.
Sec. 5. And be it further enacted, That, to carry this act into effect, the sum of twelve thousand dollars be appropriated out of any moneys in the treasury not otherwise appropriated.
Approved, May 5, 1832.
# United States ex rel. Polansky v. Executive Health Resources/Opinion of Justice Kavanaugh

SUPREME COURT OF THE UNITED STATES
No. 21–1052
UNITED STATES, EX REL. JESSE POLANSKY, M.D., M.P.H., PETITIONER v. EXECUTIVE HEALTH RESOURCES, INC., ET AL. ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT [June 16, 2023]
Justice Kavanaugh, with whom Justice Barrett joins, concurring.
I join the Court’s opinion in full. I add only that I agree with Justice Thomas that “[t]here are substantial arguments that the qui tam device is inconsistent with Article II and that private relators may not represent the interests of the United States in litigation.” Post, at 7–8 (dissenting opinion). In my view, the Court should consider the competing arguments on the Article II issue in an appropriate case.
# United States ex rel. Miller v. Raum

* related portals: Supreme Court of the United States.
* sister projects: Wikidata item.
United States Supreme Court
135 U.S. 200
United States ex rel. Miller v. Raum
J. G. Bigelow, for plaintiff in error.
Asst. Atty. Gen. Maury, for defendant in error.
BRADLEY, J.

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
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# United States ex rel. Ness v. Fisher

* related portals: Supreme Court of the United States.
* sister projects: Wikidata item.
United States Supreme Court
223 U.S. 683
United States ex rel. Ness v. Fisher
Argued: November 15, 1911. --- Decided: March 11, 1912
Messrs.Samuel Herrick and S. P. Ness for plaintiff in error.
[Argument of Counsel from pages 684-686 intentionally omitted]
Assistant Attorney General Knaebel for defendant in error.
[Argument of Counsel from Pages 686-688 intentionally omitted]
Mr. Justice Van Devanter delivered the opinion of the court:

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
Public domainPublic domainfalsefalse
# Virginian Railway Company v. United States

* related portals: Supreme Court of the United States.
* sister projects: Wikidata item.
United States Supreme Court
272 U.S. 658
Virginian Railway Company v. United States
Argued: Oct. 29, 1926. --- Decided: Dec 13, 1926
[Syllabus from pages 658-660 intentionally omitted]
Messrs. James W. Carmalt, of Washington, D. C., W. H. T. Loyall, of Norfolk, Va., and E. W. Knight, of Charleston, W. Va., for Virginian Ry. Co.
Messrs. Blackburn Esterline, P. J. Farrell, and Ewing H. Scott, all of Washington, D. C., for the United States.
Mr. P. J. Farrell, of Washington, D. C., for Interstate Commerce Commission.
Mr. Justice BRANDEIS delivered the opinion of the Court.

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
Public domainPublic domainfalsefalse