Evening star., 1913-02-17
THE COURTS.
Court of Claims.

Present: Acting Chief Justice Charles
3. Howry. Judge Fenton W.. Booth
Judge Samuel S. Barney and Judge
George w. Atkinson.
The following announcements were
made:
Opinions-Edward F. Fowler Company
findings of fact and conclusion of law
dismissing petition; opinion by Judge AT
Manuel r. Otero. administrator; find
ings Of fact and conclusion Of law; judg-
ment for claimant; opinion by Judge
Howry.
General Jurisdiction Judgment for
claimant. in: Chicago. Milwaukee and st
Paul Railway Company. .5S: Arthur
H. Wise, s55334: Missouri Pacific Rail
way Company. $25.3S; st. Louis, Oak Hill
and Carondelet Railway Company, $141.-
36: st. Louis. Iron Mountain and South
ern Railway Company, $4,66296. and Chi
cago. Milwaukee and st. Paul Railway
Company, $1,474.IO.
Ward Dabney; findings of fact and con-
clusion Of law; claimant entitled to a
decree for credit with the proper ac-
counting officers of the Treasury in the
settlement Of his accounts in the sum OF
$1,144.5O.
Congressional Findings of fact and
conclusion in: Sarah r. O'Rourke. widow
Lydia A. Garfield. widow: w: B. Ford
administrator; Alexander Z. Mintie; John
Mars, Abel w. Nelson and Frank j.
Moore, administrator.
Indian epredation-Judgment for claim
ant in: Elijah J. Deceraux, J.. C. Lindsey.
heir; George Wallwork, ]. A. Ortiz. ad-
ministrator: Carlos Gil, jr.. heir; c. NJ.
Bateman, administrator: Jose D. Gutierrez.
William H. Casio, William H. Casio.
Orders-Fernando Nolan: Claimants
motion. for new trial allowed: former
Judgment vacated and set aside and
Judgment now entered for claimant in the
sum of $1.55O: attorneys fee, $2S. Lewis
Knudson: Claimants motion for new trial
allowed former dismissal vacated and
set aside and Judgment now entered IN
the name of KnudsOn a. Hurlbut III the
sum Of $75: attorneys fee, $40.
Defendants amity plea sustained and
petition dismissed in Jacob w alnscott'
Manuel Turrieta and Harmon q layior'
In claim brought UNDER tne lhoaah
depreciation act by Manuel K. Otero. ad-
ministrator Of Antonio J. Otero. Judgment
was rendered in favor of plaintiff ana
against the United States and the Navajo
Indians in an opinion rendered py Actine
Chief Justice Charles b. Howry at the
United States. Court of Claims. 1t ap-
peared from the arguments presented
that plaintiff promptly called the atten-
ton Of the Navajo Indian agency to his
loss. and also presented his c!alm 10 a
council of the chiefs and head men or
the Navajo nation and charged them with
taking his flock of sheep. The govern
ment contended that the herder who had
the sheep on shares was the owner OF
the flock and not Otero. and that the con-
tract was unlimited as to the time; also
that the original owner did not contem-
plate receiving back the original sheep.
but was content to take his share In the
increase and the wool gathered each year.
Justice Howry, citing number or cases
dealing on these points. concludes that
judgment should be rendered in favor
of plaintiff.
Associate Justice Atkinson delivered the
opinion in the case of Edward F. Fonder
Company of Philadelphia, Pa, dismissing
the suit. Plaintiff sued to recover SIS, 13S.
based upon various allegations that the
defendants caused delays and extra work.
and that liquidated damages We're ac-
cepted by the plaintiff because of threats
government. The contract called for the
construction Of twelve buildings at the
United States powder depot near Dover,