Eastern Extension, Australasia & China Telegraph Co. v. United States

Peelle, Ch. J.,

delivered the opinion of the court:

The question here arises on the defendants’ motion to dismiss the petition on the ground “ that it does not disclose a *648cause of action within the jurisdiction of the court.” . That is to say, the defendants contend that the claim grows out of treaty stipulations with a foreign nation (the treaty of Paris), and for that reason the court, under Bevised Statutes, section 1066, is inhibited from taking jurisdiction.

By the averments of the petition it appears that in 1879 .and subsequent years prior to the War with Spain the claimant company, a…