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as to transactions of or with the so-called a despatch from one of their generals in Ken-
tucky, October 31, 1861, to the secretary of
the navy, that the price of the Eastport was
$12,000, a reply of the secretary of war
of the same date, giving authority to the
general to buy her if thought worth that

government of the Confederate Stat; but
it declared the records and papers in such
archives, or duly certified copies thereof, to
be competent evidence of such transactions.
Section 882 of the Revised Statutes, also,
re-enacting earlier acts of Congress, provides sum; a letter of January 5, 1862, from
that "copies of any books, records, papers, or the general to the secretary of war in-
documents in any of the Executive Depart-forming him that, by virtue of that au-
ments, authenticated under the seals of such thority, he had bought her, and she was
Departments respectively, shall be admitted being converted into a gunboat; a letter of
in evidence equally with the originals there- January 16, 1862, from the secretary of war
of." And, by section 1076, the court of to the general, saying that he would at once
claims has "power to call upon any of the order to be forwarded the necessary funds
Departments for any information or papers for the Eastport; and a statement of dis-
it may deem necessary;" "but the head of bursements, dated February 2, 1863, by the
any Department may refuse and omit to general to the secretary of war, in which one
comply with any call for information or item was a sum of $9,688.82, "expended in
papers, when, in his opinion, such com- purchase of Steamer Eastport."
pliance would be injurious to the public in-
terest."

*Not going beyond what is required for the[798]
purposes of this case, we are of opinion that
the originals of these communications, and
consequently the certified copies thereof
from the Confederate Archives Office, are
competent and persuasive evidence that the
Confederate authorities did not obtain pos-
session of the Eastport by capture or by other
forcible and compulsory appropriation.

The claimant therefore wholly fails to sup-
port the allegation of her petition that the
Eastport was captured by the insurgents.
Judgment affirmed.

The certificate of the officer of the United States in charge of the Confederate Archives Cffice, embodied in the findings of fact, would appear to have been furnished upon a call from the court of claims; and it is not open, at this stage of the case, to objection for not being under the seal of the War Department, since that court has found that the papers in that office show the facts stated in that certificate. Those facts consist of official communications, between high civil and military officers of the Confederate States, including 1176

174 U. &.

FOLLOWING ARE MEMORANDA

OF

ALL CASES DISPOSED OF AT OCTOBER TERM, 1898,

WITHOUT OPINIONS, AND NOT ELSEWHERE OR OTHERWISE REPORTED IN THIS EDITION.

TENTH RULE.

|

MARIANO S. OTERO, Appellant, v. UNITED
STATES. [No. 158.]

SOPORI LAND & MINING COMPANY, Appel-
lant, v. UNITED STATES et al. [No. 38.]
Appeal from the Court of Private Land
Claims.

Appeal from the Court of Private Land
Claims.

The At

Mr. T. B. Catron for appellant.
Attorney General for appellee.

Mr. George Lines for appellant. The torney General for appellees.

October 11, 1898. Dismissed, pursuant to the 10th Rule.

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January 18, 1899. Dismissed, pursuant to the 10th Rule.

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HENDERSON NATIONAL BANK, Plaintiff in Error, v. CITY OF HENDERSON. [No. 201.] In Error to the Court of Appeals of the State of Kentucky.

Mr. Malcolm Yeaman for plaintiff in error. Mr. J. F. Clay for defendant in error. October 11, 1898. Dismissed, per stipulation.

TWENTY-EIGHTH RULE.

THE UNITED STATES, Appellant, v. THE MIGUEL JOVER & CARGO. [No. 378.]

Appeal from District Court of the United States for the Southern District of Florida. The Attorney General for appellant. Wilhelmus Mynderse for appellee.

August 24, 1898. Dismissed pursuant to 28th Rule.

THE UNITED STATES, Appellant, v. THE CATALINA, EDUARDO FANO, Claimant. [379]. Appeal from District Court of the United States for the Southern District of Florida. The Attorney General for appellant. Wil helmus Mynderse for appellee.

August 24, 1898. Dismissed pursuant to 28th Rule.

MISCELLANEOUS.

CHARLES J. MEADOWCROFT, et al., Plaintiffs in Error, v. PEOPLE OF THE STATE OF ILLINOIS. [No. 33.]

In Error to the Supreme Court of the State of Illinois.

Messrs. Edwin Walker and Arthur J. Eddy for plaintiffs in error. No counsel for defendant in error.

October 10, 1898. Dismissed with costs, on motion of counsel for plaintiffs in error.

DURANGO LAND AND COAL COMPANY, Appellant, v. ROGER C. EVANS et al. [No. 131.] Appeal from the United States Circuit Court of Appeals for the Eighth Circuit.

Messrs. David C. Beaman and Lucius M. Cuthbert for appellant. Mr. John R. Smith for appellees.

October 10, 1898. Dismissed per stipula

tion.

COVINGTON & CINCINNATI ELEVATED RAILROAD & TRANSFER & BRIDGE COMPANY, Plaintiff in Error, v. WILLIAM F. WILSON. [No. 173.]

In Error to the Circuit Court of the United States for the District of Kentucky. Mr. C. B. Simrall for plaintiff in error. No counsel for defendant in error.

October 10, 1898. Dismissed with costs, on authority of counsel for plaintiff in error.

MARIANO S. OTERO, Appellant, v. UNITED STATES. [No. 179.]

Appeal from the Court of Private Land Claims.

Mr. T. B. Catron for appellant. The Attorney General for appellee.

October 11, 1898. Dismisseil, on authority of counsel for appellant.

FRANCIS I. GOWEN, Sole Receiver, etc., Plaintiff in Error, v. LAURA B. BUSH, Administratrix, etc. [No. 42.]

In Error to the United States Circuit Court of Appeals for the Eighth Circuit.

Messrs. Samuel Dickson and John W. McLoud for plaintiff in error. Mr. W. H. H. Clayton and Jos. M. Hill for defendant in

error.

October 14, 1898. Dismissed with costs. per stipulation.

UNITED STATES, Appellant, v. CITY OF ALBUQUERQUE. [No. 40.]

Appeal from the Court of Private Land Claims.

The Attorney General, the Solicitor General, and Mr. Matt. G. Reynolds for appellant. Mr. Frank W. Clancy for appellee.

re

October 17, 1898. Decrees reversed on the authority of United States v. Santa Fé 165 U. S. 681 [41: 877] and cause manded with directions to proceed therein in the matter of amendments, new parties, and otherwise as justice and equity may require.

KATE MCDONNELL, Surviving Partner, et al., Petitioners, v. MERCANTILE TRUST COMPANY et al. [No. 311.]

Petition for a Writ of Certiorari to the United States Circuit Court of Appeals for the Fifth Circuit.

Messrs. Gregory L. and Harry T. Smith for petitioners. Messrs. W. A. Blount, D. P. Bestor, and Leopold Wallach for respondents.

October 17, 1898. Denied.

MUTUAL RESERVE FUND LIFE ASSOCIATION, Petitioner, v. J. K. DuBois, Administrator. [No. 330.]

Petition for a Writ of Certiorari to the United States Circuit Court of Appeals for the Ninth Circuit.

Mr. J. B. Foraker for petitioner. Mr. R. E. McFarland for respondent. October 17, 1898. Denied.

THIRD NATIONAL BANK OF PHILADELPHIA, Petitioner, v. NATIONAL BANK OF CHESTER VALLEY. [No. 337.]

Petition for a Writ of Certiorari to the United States Circuit Court of Appeals for the Fifth Circuit.

Mr. Henry B. Tompkins for petitioner. Mr. W. D. Ellis for respondent. October 17, 1898. Denied.

FRED. J. KIESEL & COMPANY, Petitioner, v. | MICHAEL JESKE et al., Plaintiffs in Error, v. SUN INSURANCE OFFICE OF LONDON. [No. NETTIE L. Cox et al. [No. 217.] 391.]

In Error to the Superior Court of Milwaukee County, State of Wisconsin.

Mr. Rublee A. Cole for plaintiffs in error. Mr. Howard Morris for defendants in error. October 24, 1898. Dismissed on the authority of Missouri P. R. Co. v. Fitzgerald, 160 U. S. 582 [40: 542]; Meyer v. Cox, 169 U. S. 735 [42: 1207]; McLish v. Roff, 141 U. S. 661 [35: 893]; Union Mut. L. Ins. Co. v. Kirchoff, 160 U. S. 374 [40: 461].

Petition for a Writ of Certiorari to the United States Circuit Court of Appeals for the Eighth Circuit.

Mr. Abbot R. Heywood for petitioner. Mr.
T. C. Van Ness for respondent.
October 17, 1898. Denied.

JOHN B. RUSSELL, Petitioner, v. FREDERICK
STEARNS & Co. [No. 410.]

Petition for a Writ of Certiorari to the United States Circuit Court of Appeals for the Sixth Circuit.

Messrs. Henry M. Campbell, Ephraim Banning, and Thomas A. Banning for petitioner. Messrs. R. A. Parker and C. F. Burton for respondent.

October 17, 1898. Denied.

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J. HENRY JURGENS, Sheriff, etc., Appellant, | EUGENIA A. WEBSTER Ross, Plaintiff in Erv. YOT SANG. [No. 50.] ror, v. GEORGE GORDON KING, et al. [No. 400.]

Appeal from the District Court of the United States for the District of Montana. Mr. C. B. Nolan for appellant. Mr. A. C. Botkin for appellee.

October 31, 1898. Final order reversed with costs, and cause remanded with direction to discharge the writ and dismiss the petition, on the authority of Washington v. Coovert, 164 U. S. 702 [41: 1182], and cases cited.

CONTINENTAL NATIONAL BANK OF NEW
YORK CITY, Petitioner, v. MARY JENNESS
HEILMAN et al. [No. 419.]

Petition for a Writ of Certiorari to the United States Circuit Court of Appeals for the Eighth Circuit.

Messrs. John L. Cadwalader and Addison C. Harris for petitioner. Messrs. Charles W. Smith, John S. Duncan, Alexander Gilchrist, and C. A. De Bruler for respondents. October 31, 1898. Denied.

KNIGHTS TEMPLARS & MASONS' LIFE INDEM-
NITY COMPANY, Petitioner, v. CARRIE E.
CONVERSE. [No. 443.]

Petition for a Writ of Certiorari to the United States Circuit Court of Appeals for the Seventh Circuit.

Mr. Charles H. Aldrich for petitioner. Mr. James H. Hopkins for respondent. October 31, 1898. Denied.

NELSON MORRIS et al., Petitioners, v. ROB-
ERT B. STEWART et al. [No. 463.]

Petition for a Writ of Certiorari to the United States Circuit Court of Appeals for the Seventh Circuit.

Mr. Charles H. Aldrich for petitioners. Messrs. Samuel P. McConnell, A. M. Pollard, and Пorace K. Tenny for respondents. November 7, 1898. Denied.

FARMERS' BANK OF NORBORNE, et al., Plain
tiffs in Error, v. JOHN E. ROSELLE.
[No. 157.]
In Error to the Supreme Court of the
State of Missouri.

ror.

Mr. Morton Jourdan for plaintiffs in erMessrs. William B. King and William E. Harvey for defendant in error. November 7, 1898. Writ of error dismissed, on the authority of Meyer v. Cox, 169 U. S. 735 [42: 1207]; McLish v. Roff, 141 U. S. 661 [35: 893]; Missouri v. Andriano, 138 U. S. 496 [34: 1012]; Dower v. Richards, 151 U. S. 666 [38: 308]; Union Mut. L. Ins. Co. v. Kirchoff, 160 U. S. 374 [40: 461].

In Error to the Supreme Court of the State of Rhode Island.

Messrs. Heber J. May and J. M. Wilson for plaintiff in error. Messrs. John H. Glover and Stephen H. Olin for defendants in error.

November 7, 1889. Writ of error dis missed, on the authority of Oxley Stave Co. v. Butler County, 166 U. S. 648 [41: 1149]; Pim v. St. Louis, 165 U. S. 273 [41: 714]; Zadig v. Baldwin, 166 U. S. 485 [41: 1087]; Kipley v. Illinois, 170 U. S. 182 [42: 998].

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Messrs. John C. Coombs and Henry J. Taylor for appellants. Messrs G. W. Wickersham, John L. Cadwalader, and John L. Webster for appellee.

November 14, 1898. Certificate dismissed, on the authority of United States v. Union P. R. Co. 168 U. S. 512 [42: 561], and cases cited; Cross v. Evans, 167 U. S. 60 [42: 77]; Warner v. New Orleans, 167 U. S. 467 [42: 239]; Packer v. Nixon, 10 Pet. 408 [9: 473]; Wiggins v. Gray, 24 How. 303 [16: 688]; Enfield v. Jordan, 119 U. S. 680 [30: 523].

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