Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-04-07
CLAIMS COURT RULES
AGAINST GOVERNMENT
Gives Decision Favoring Con-
tractors in Warrior
River Case.

Decisions were rendered in several i'm
portant cases in the United States Court
Of Claims today, among them being one
against the government involving a con-
tract for building certain locks and dams
in and around the Warrior river, Ala
bama, by the firm Of Christie, Lowe &
Heyworth. The questions involved relate
to delays owing to defect in the title Of
the tract on which the locks we're situat-
ed. damages growing out Of the use and
repair of certain roads, and alleged mis-
takes by the government engineers in
charge of the work. Suit was originally
instituted in the sum Of 500, oO4.
Acting .nief Justice Charles B. Howry
in delivering the opinion Of the court re-
views at length the different interpreta-
tions to be placed on the various clauses
of the contract, rendering judgment in
favor Of the government in eight of the
findings, and in two findings in favor Of
the plaintiffs judgment is rendered for
s9,491.57. Judge Barney dissents from
the opinion of the court
Governments Demurrer Overruled.
In an opinion by Acting Chief Justice
Howry the North Platte Canal and Colo
nization Company is given sixty days
within which to amend its petition. and
the demurrer of the government Is over
ruled. with leave to answer the entire
petition within ninety days.
Plaintiff alleges that a contract be-
tween it and the state of Wyoming
was entered into for the construction
of a canal, which contract was subse-
quently SO changed on the application
of the United States whereby the gem
eral government should have the right
to enlarge and extend the canal and
water was to be furnished, on which
plaintiff made contract. The claim had
been presented to the Secretary of the
Interior. who rejected 1t upon the
the claims were based We're not admit
ted by the officers of the reclamation
service.
The following order was issued: De-
PENDANTS demurrer to that part Of the
petition alleging a loss of $20,l9692
and to that part of the petition alleg-
ing loss of $13,745 is overruled; de-
PENDANTS demurrer to that part Of the
petition alleging loss of land by rea-
son of being ruined and rendered
valueless, sustained.
Findings Go to Congress.
The Jefferson Lime Company of Boze-
man, Mont, while engaged in its business
pursuit, accidentally discovered the
unique cave now known as Lewis and
Clark cavern national monument and pc
titioned Congress for the payment of
funds expended by it in the discovery.
Congress referred the claim to the Court
of Claims, with direction that it find the
facts and report it's conclusion under
resolution of the Senate. In the opinion
of the court, rendered by Associate Jus
tice Booth. no amount is found due PAIN
tiffs. While it is admitted that plaintiffs
expended all the sums claimed with a
view of possessing the property. the claim
is one which appeals alone to the bounty
OF Congress. The findings. together with
copy of this opinion will be transmit
ted to Congress.
In the case of Frank H Church. admin
lstrator, after mature consideration, AS
sociate Justice Atkinson. delivering the
opinion for the majority Of the court de-
cides that the court is without jurisdic-
ton. The acting chief justice dissented