consistent, and successful public career, and closed it with the honorable excrcise of the highest attributes of the human judgment.

Difficulties at all times attend the responsibilities of the Chief Justice of this court, but it should be remembered that the subject of these remarks was called to that elevated station during the most stormy and angry period of our national history, and it is praise enough to be able to say tbat he met all those exigencies with a calm and conscientious sense of duty, and such, in my judgment, will be the verdict which the present generation will transmit to posterity; to which, permit me to add, that the justices of this court have lost a revered companion and the public a great magistrate and an upright public servant. Our loss is great, but the loss of his children and grandchildren is much greater, and to them we tender our sincere sympathies.

The court cordially concurs in the resolutions of the bar as presented by the Attorney-General, and direct that the resolu. tions, together with the proceedings of the bar and the remarks of the Attorney-General and of the court, be entered in the minutes; and the court, from respect to the memory of the deceased, stands

ADJOURNED UNTIL TO-MORROW AT TWELVE O'CLOCK.

DEATH OF MR. JUSTICE NELSON.

The Honorable SAMUEL NELSON, late an Associate Justice of this court, who, on account of advanced age, retired from this bench on the 1st of December, 1872, departed this life at his residence in Cooperstown, New York, December the 14th, 1873, in the 82d year of his age. Upon receiving intelligence of his death, on the following day, this court, in consideration of his long association with it, and of his eminent public services, adjourned without transacting the ordinary public business.

GENERAL RULE.

AMENDMENT TO ORDER IN REFERENCE TO APPEALS FROM THE COURT

OF CLAIMS.-RULE No. 1.

Strike out the whole of clause 2 of the rule, and insert in lieu thereof the following:

2. A finding by the Court of Claims of the facts in the case established by the evidence in the nature of a special verdict, but not the evidence estabiishing them; and u separate statement of the conclusions of law upon said acts, on which the court founds its judgment or decree. The finding of acts and conclusions of law to be certified to this court as a part of the record.

[Promulgated October 27th, 1873.]

VOL. XVII.

B

( xvii)

PAGE
453

78

Adams v. Burke, .
Air-Line Railroad Company, Harwood v.
Allen v. Massey, ·

v. United States,
Amoskeag Manufacturing Company v. United States,
Atocha, Ex parte,
Averill v. Smith,.

66

.

.

Bailey v. Railroad Company,
Baker, Williams v.
Baltimore and Ohio Railroad Company, United States v.
Bank, Eldred v.

v. Kennedy,
Barnes v. Railroad Companies,
Beale's Executrix, Hume v.
Beall Assignee, Harrell v.
Beggs, The Collector v.
Benson, Kibbe v..
Board of Public Works v. Columbia College,
Bokee, Carlton v..
Boutwell, United States v.
Branson v. Wirth,
Brown, Railroad Company v.
Burke, Adams v.
Bynum et al., Olcott v.

294 336 590 182 621 521 463 604

32 445 453 41

Carlton v. Bokee, .

463 Carpenter v. United States,

489 Cedar Rapids Railroad Co. v. Des Moines Navigation Co., 144 City Bank, Wilson v.

473 Collector, The, v. Beggs,

182 Columbia College, Board of Public Works v.

521 ( xix )

Daniel v. Whartenby, .
Des Moines Navigation Co., Cedar Rapids Railroad Co. v.

639 144

Gardner, Reed v..
German Savings and Loan Society, Oulton v.
Goddard v. Foster,
Goodwin v. United States,

Iowa Homestead Company v. Valley Railroad Company,. 153 Isham, United States v.

496