The New York herald., 1873-01-23
UNITED STATES SUPREME COURT.

Curious Case Arising Out of the Setz-
ure OF Cuban Fcrryboat by the
United Statcs-The Site of the Old Menu
phis Navy Yard.
WASHINGTON Jan. %, 1873.
No. $780, United States VS.. Steam Ferryboat
Nuestra Senora de Rego, Her Tackle, &C., and
Claimants-Appeal from the District Court for the
Southern District OF New York.-The claimants in
this case are railroad company In Cuba, which in
1860 was finishing its road from the Bay OF Havana
to MatanZas and, requiring such craft ordered the
Nuestra to be built in New York and sent to them
On the way out she was seized near Port Royal by
the United States forces, and while in custody she
was chartered to the government for $500 per day,
pending proceedings in confscation, the agree.
ment to be void in case the decree wa2 against the
claimants The result the proceedings in favor
vessel by the government. In June, 1870, the case
was referred to a commissioner to ascertain and
report the damages sustained by the company
The report, covering all items OF the claim,
gave them s214,ss4 The report was confirmed and
decree entered thereon, and the government ap
pealed urging that, the vessel was in the service
ofthe United States under charter party any claim
arising under 1t should be adjusted by the Court OF
Claims, and cannot be made the subject OF a decree
in this proceeding. Further, that as the vessel was
not restored, 1t must be regarded as total loss at
the time of capture, and in that case there can be
no recovery or services claimed alter that date 1t
is also urged that no Judgment for demurrage
should be rendered on the restitution Of a prize
without misconduct on the part OF the captors, or
wilful negligence or delay In bringing the case be-
fore prize court; but If allowed at ALL the amount
allowed in this case Is excessive. G. H. Williams
and G. H. Hill for government; william NJ Evarts
and Charles DOnOEue for claimants.
No. 1O5. Murdock ct al. VS.. Mayor and Alderman
OF Memphis ct al.-Error to the Supreme Court OF
Tennessee.-In 1914 number OF residents of Men,
phis conveyed to the city for the location Of a
naval depot of the United States certain lands
within the city limits. with limitation, over to
one Wheatly, in case the lands were not appropri-
ated by the United States for the purpose specified
subsequently the government paid the city $50 900
for the lands and established navy yard upon
them, erecting buildings and improvements cost
ing about one million dollars; but ten years later
1t was determined not to continue the yard any
longer, and the government ceded the lands TO the
city again. Thercup0n the original grantOrs filed
their bill to obtain decree declaring the transfer
to the city to be in trust for their benefit claiming
sthat the abandonment OF the navy yard athat point
entitled to the property. The question was decided
in favor OF the city, the Court holding that the act
OF Congress august 8, 1854, ceding the lands to
the city, was conveyance for the use OF the city,
and not in trust for the compainants. and that
thev had no interest under the act. Tie appellants
here maintain their title under the conditions Of
their transfer to the city, and assert their right to
the property upon its abandonment by the govern
ment for the uses named. The appellees contend
that II the property is not the city's it goes to
Wheatly. Motion Is made to dismiss the appeal on
the ground that the decision made was on the
equity of the claim OF Ne grantors under the con-
dtons OF their transfer to the city, and not under
the act of Congress. The appellants answer that
IL was upon the construction OF the act of Congress-
whether the city was owner In fee under ii only
In trust for the beneft OF the grantors, and that
such being the basis of the decree this Court has
jurisdiction to review IT, Hurskell & scott and w.
T. Otto for appellant; Carlisle & McPherson for
aDpellees.