Eastern Extension, Australasia & China Telegraph Co. v. United States
United States Court of Claims
The Reporter's statement of the case: After considering various propositions affecting the jurisdictional aspects of the case and holding that this court does not possess jurisdiction of claims against the United States based on treaty stipulations, the Supreme Court on reviewing the decision of this court which dismissed plaintiff’s original petition herein because of want of jurisdiction, held, nevertheless, that this tribunal has jurisdiction of claims based on contracts…
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The Reporter's statement of the case: After considering various propositions affecting the jurisdictional aspects of the case and holding that this court does not possess jurisdiction of claims against the United States based on treaty stipulations, the Supreme Court on reviewing the decision of this court which dismissed plaintiff’s original petition herein because of want of jurisdiction, held, nevertheless, that this tribunal has jurisdiction of claims based on contracts originally made with a former sovereign of ceded territory and assumed by the United States arising after the cession,…
1Opinion of the CourtCampbell, Chief Justice
The petition in this case as originally filed was demurred to, and the case was dismissed for want of jurisdiction, 48 C. Cls., 33. This ruling was affirmed by the Supreme Court, 231 U. S., 326. It was definitely held that section 153, Judicial Code (R. S., sec. 1066), providing that the jurisdiction of this court shall not extend to any claim against the Government “growing out of, or dependent on, any treaty stipulation entered into with foreign nations” remains in effect, notwithstanding the broadening of the court’s jurisdiction by the Tucker Act of 1887. It was, however, considered by…
2Cases cited2 opinions
- Eastern Extension, Australasia & China Telegraph Co. v. United StatesSupreme Court of the United States · 1913
- Eastern Extension, Australasia & China Telegraph Co. v. United StatesUnited States Court of Claims · 1912