The New York herald., 1871-11-16
UNITED STATES SUPREME CGuaI.

| appeals from tho Cours Of Claims -Ssate Iutcr-
! ference 10 Federal Suifs-Enforcemcnt Of
Revcu"e Laws Against DisiIIIcrs.
WAsHIN0roN ID. C., Nov. ID. 1871.
No. 234. Unf'ed states Is. Kins6dH Appeal from
the Court Of Clams.-Tne petitioners claim about
1000 for damage to their bark Anne kImpall wiie
in government employ, and about 5000 for loss Of
Hire a,f nPrI 1nuo,
the Quarrermaster's Department shipped on the
bark cargo ofcoal, 10 be transported from Pha-
delphia 10 Port Royal, The master signing bill OF
iadlng contracting TO deliver at the place OF
destination for So IS per ton; s,ipuang FOR de.
one days allowed for discharRmg. Arriving
al Port Royal the Quartermas'er there refused 70
receive the freight and ordered the master TO pro-
ceed 10 key West. This the master refused 10 do,
and notified the Quarlrrmasicr there That he would
hold him for damages II the order was enforced
Subsequently the order was enforced by threat TO
take the master on the vessel and put anotner III
charge. The master then protested iha' there WAS
not enough water on the bar a.. tnat time but the
Quartera stcr nad the bark taken N LOW ny gov
ernment tug and IN inc attempt 70 gci her over inc
back upon The beach 10 save her rom louhdcling.
The bark was subsequently detained because her
undergoing REPAIRS the government paid me freight
due under the Dill Of ladln9, Dut refused the gal-
gave Judgment Tor the petitioners lor sl2,so,, and
the government appealed, contending that "
mi Sauss ~ Sn art OF the ccnrac The master
was required proceed to Key west SO drected ~
the QuarteImASter at Port Royal. consequently tne
delay IN getting away rom the latter place was the
fault OF the master. IL Is also con'enied that the
strandlng Of the bark was peril oi the sea, ana
The injury 10 one which must be borne Dy the
owners OF the vessel. But II the contract Of
afYraightment did not require the master 70 comply
with the directions Of the Quartermaster at Fort
Royal then follows that the actlon o The govern,
mcnt tortuOus, and no action can be maintained
In the Court Of Claims; else " was al approprae
ton OF the vessel for The military service oi tne
government and is therefore, Llken ont ol the
Jurisdiction OF the Court OF Claims by the act OF
July 4, lS6L
No 235. United states Is. Fd,oe--Error 70 the
Supreme Court OF Wisconsin, In THIS case tne son
or petitioner, being under eighteen years OF age
was enlisted IN the army without the consent Of his
parents. and was BY ooqrs IoMs Soger
ment contend here that neither the CommEn0neI e
acting nor any other judicial ofcer OF tne Sta.e
mad authority to Issue 'aS onr,s w have a. anrhorisy 10
release persons Illegally imprisoned Dy the UnHeu
States Tnc recruit was regularly enllsed s0luieI
duly mustered into the service ana wss nv inc mutt
tary authorities. The case united states W. Doo,,
oi. Howard is the authority for The point made ny
the government
NO. asr.-Uniiet states rs. Wpnderse ana Another,
,.rprors. ec-UeriiHcate Of division from the oir'
cnit Court for the Northern district Of New YORK.
IN IA an action OF debt brought by me government
aoa,nst the defendants and one Goodwin, now de.
ceased, as principal ana .. ni ,ns
Internal Revenue law Of 1852, the condition OF
winch was that Goodwin should lalthfuiy CONFORM
to all oil the provisions OF tne &C. mehioncu. poa
| hronpht and tho Court 0lyldcd IN opinion on the
ouest,on wnetner or no the condition oil the Oonu
40 lar departs from the reqnlremenls oi me az, OF
| Conoress as 10 render IL void" The case " the
same as th al OF United states vs. honson no wal,
| 100 decided last winter, aud then reported.