Legal Opinion

Axman v. United States

United States Court of Claims

Decided February 12, 1912No. 28707PublishedCited by 3 opinions

On the Proofs. The Reporters’ statement of the case: The following are the facts of the case as found by the court: I. Claimant is a citizen of the United States and the State of California. II.

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On the Proofs. The Reporters’ statement of the case: The following are the facts of the case as found by the court: I. Claimant is a citizen of the United States and the State of California. II. In an act of Congress approved March 3, 1899, making appropriations for the improvement of rivers and harbors (30 Stat. L., p. 1132), provision was made for the removal from San Francisco Harbor of three rocks, two known as Shag Rock No. 1, Shag Rock No. 2, and the other’ known as Arch Rock, all to a depth of 30 feet below mean low water, and the sum of $100,000 was appropriated to be expended on suck…

1Opinion of the CourtBooth, J.

Congress by an act approved March 3, 1889 (30 Stat. L., 1132), authorized the removal of certain impediments to navigation in San Francisco Harbor, Cal. On June 7, 1899, Col. W. H. Heuer, a district engineer of the United States Army, publicly elicited bids for the performance of the work, and in response thereto claimant submitted his proposal, which, being the lowest, was accepted. The written contract annexed to the petition and made a part thereof, was executed by the parties and duly approved as provided therein by the Chief of Engineers on September 29, 1899. On October 4, 1899,…

2Cases cited3 opinions

  1. Collins v. United StatesUnited States Court of Claims · 1899
  2. Myerle v. United StatesUnited States Court of Claims · 1896
  3. P. H. McLaughlin & Co. v. United StatesUnited States Court of Claims · 1901

3Cited by3 opinions

  1. Bush v. United StatesUnited States Court of Claims · 1920
  2. Hampton v. United StatesUnited States Court of Claims · 1935
  3. Axman v. United StatesUnited States Court of Claims · 1913

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