Court : US Supreme Court
..... to cause a patent to issue on it. the law also intended to give the settler time to build a house, break up the ground, and make a settlement first and payment afterwards. during this preliminary period, he had no vested right to the land; but, as we have elsewhere decided, he did thus acquire the right of ..... fences, and other improvements of the settler, placed them beyond his reach, and they fell into the hands of heartless speculators. to remedy this state of things the preemption system was established. this at first was only applicable to lands which had been surveyed. but gradually this was changed until, in 1862, preemptions were allowed, under proper restrictions, ..... are open to purchasers of these lands that no such proceeding is necessary to enable any one to secure his rights. in the earliest stages of our land system, no right or interest could be secured by the individual in any public land until it had been surveyed into legal subdivisions. nor after this had been done .....
Tag this Judgment!Court : US Supreme Court
..... the fixed responsibility of the employer, and the modified assumption of risk by the employee under the new system, presumably will be reflected in the wage scale. the act evidently is intended as a just settlement of a difficult problem, affecting one of the most important of social relations, and it is to be ..... from the constitutional standpoint. manifestly, the employee is not injuriously affected in a constitutional sense by the provisions giving to the employer an option to secure payment of the compensation in either of the modes prescribed, for there is no presumption that either will prove inadequate to safeguard the employee's interests. judgment affirmed ..... , temporary or permanent, while in case the injury causes death, the compensation is known as a death benefit, and includes funeral expenses, not exceeding $100, payments to the surviving wife (or dependent husband) during widowhood (or dependent widowerhood) of a percentage of the average wages of the deceased, and, if there be .....
Tag this Judgment!Court : US Supreme Court
..... and gives up the right of rescission and the right to sue for damages. what he receives in return is the government's assurances of speedy settlement and of prompt payment, not payment delayed for months or, as here, for years. 4. to compel a contractor to go through the administrative process and to proceed and to perform ..... thus, the "fraud" exception to the finality of disputes decisions was not written into disputes clauses, but was judicially fashioned. page 406 u. s. 25 under this system, then, a contractor dissatisfied with an adverse disputes decision could contest the finality of that decision only by proving in court that it was fraudulent. the government, of ..... of the government. of course, the government's rights are to be protected. that protection, however, is afforded by the nature and workings of the contract disputes system, by its emphasis on expeditious performance and getting the job done, and by the presence of the contracting officer and the agency, but not of the gao. .....
Tag this Judgment!Court : US Supreme Court
..... indeed, the legislative history is clear that, rather than intending to provide rights analogous to grazing leases upon the unappropriated public domain, congress intended to promote permanent settlement. see 53 cong.rec. 1233-1234 (1916) (statement of congressman mondell) ("i wish [the congressman] would not call the laws he refers to surface entry ..... federal litigation. like other courts of last resort -- including this one -- they occasionally render decisions that will not withstand the test of time. no judicial system is perfect, and no appellate structure can entirely eliminate judicial error. most certainly, this court does not sit primarily to correct what we perceive to be ..... 2) compensates the homesteader for any damages to the "crops or other tangible improvements" on the land, or (3) executes a bond to secure the payment of such damages. in 1949, congress increased the patentee's protection by expanding the liability of the prospector or miner to encompass "any damage that may be .....
Tag this Judgment!Court : US Supreme Court
..... respondent eventually settled the case for a sum that represented compensation for noneconomic losses alone, the united states sought to be reimbursed for its feca payments out of the settlement, asserting that it was entitled to reimbursement pursuant to the provision of feca (5 u.s.c. 8132) prescribing that, whenever a federal ..... for $8,500, a figure that represented compensation for noneconomic losses alone. the united states thereafter sought to be reimbursed for its feca payments out of respondent's tort settlement. [ footnote 1 ] feca contains several provisions designed to shift the compensation burden from the united states to any third party who is ..... compensation for federal employees who sustain work-related injuries. as part of that system, an employee who receives feca payments is required to reimburse the united states for those payments, to a specified extent, when he obtains a damages award or settlement from a third party who is liable to the employee for his injuries. .....
Tag this Judgment!Court : US Supreme Court
..... the costs and risks associated with major litigation. moreover, since almost a third of the striking pilots chose the lump-sum severance payment rather than reinstatement, see n. 1, supra, the settlement was presumably more advantageous than a surrender to a significant number of striking pilots. in labor disputes, as in other kinds of ..... 373 u. s. 223 -224. the agreement here only provided the order and mechanism for the reintegration of the returning strikers but did not permanently alter the seniority system. this case therefore more closely resembles our decision in trans world airlines, inc. v. flight attendants, 489 u. s. 426 (1989), in which we held ..... strike, continental announced in its "supplementary base vacancy bid 1985-5" (85-5 bid) that it would fill a large number of anticipated vacancies using a system that allows pilots to bid for positions and that, in the past, had assigned positions by seniority. although alpa authorized strikers to submit bids, continental announced that .....
Tag this Judgment!Court : US Supreme Court
..... explanation. the balance of moneys that may remain in the hands of the receiver, after all proper payments and allowances, will be directed to be paid into the registry of this court for future disposition upon the final settlement and confirmation of the receiver's accounts. the claim of anderson and others remains, as regards the ..... 1853, and after the passage by the state legislature, jan. 6, 1855, of a certain act entitled "an act to provide for and encourage a liberal system of internal improvements in this state," they severally availed themselves of its provisions, and issued bonds which were duly guaranteed by the trustees of the internal improvement fund ..... certain railroad companies, availing themselves of the provisions of an act of the legislature of florida of jan. 10, 1855, to provide for and encourage a liberal system of internal improvements in that state, issued their bonds to the extent of $10,000 per mile, the interest whereon was duly guaranteed by the trustees of the .....
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..... congress on march 3, 1857, a resolution which was prompted by a memorial from the legislature of the territory of minnesota, and which, recognizing the possibility of settlements or town site entries before the public surveys on lands which by such surveys were afterwards found to be school sections, provided that, when any such sections should ..... education of these indians under national control, and dedicates a portion of the proceeds of the sale of these lands "exclusively to the establishment and maintenance of a system of free schools among said indians, in their midst, and for their benefit." 6. that, in determining whether the act of 1889 and the agreement negotiated ..... for, shall equal or exceed the sum of three million dollars, less any actual interest that may in the meantime accrue from accumulations of said permanent fund, the payments of such interest to be made yearly in advance, and, in the discretion of the secretary of the interior, may, as to three-fourths thereof, during .....
Tag this Judgment!Court : US Supreme Court
..... of that ruling to collections through a clearinghouse the bank collection code makes provision in 9 for media of payment that are to be deemed equivalent to currency. there may now be acceptance of a bank draft, or settlement through a clearinghouse in the customary manner, without involving the agent in liability for damages if the draft is ..... such failed bank." a trust so created, to arise upon insolvency, is a preference under another name. as applied to a national bank, the preference is plainly inconsistent with the system of equal distribution established by the federal law. r.s. 5236, 12 u.s.c. 194; davis v. elmira savings bank, 161 u. s. 275 , 161 u. ..... funds representing their paper call be traced or identified as part of such assets or as intermingled with or converted into other assets of the bank, is inconsistent with the system of equal distribution established by federal law (r.s., 5236), and is therefore invalid. p. 294 u. s. 225 . 71 f.2d 618 reversed. certiorari, 293 u .....
Tag this Judgment!Court : US Supreme Court
..... also agreed that the united states might establish military agricultural establishments and military posts along said routes, maintain ferries over rivers, erect houses and settlements wherever necessary for the comfort of the travelers, operate and maintain existing telegraph and overland stage coach lines, and operate a transcontinental railway "through ..... trouble by depredations and warlike acts of these oppressed indians. some agreement whereby white emigrants could travel and the government could maintain a communication system through the shoshone area was imperative. little was done before 1861, when the commissioner of indian affairs recommended that a treaty be negotiated with ..... percent interest, and "shall be subject to appropriation by congress only for the health, education, and industrial advancement of said indians." the only cash payment is attorneys' fees. section 7 provides that the court of claims shall determine a reasonable fee, not to exceed 10 percent of the recovery, .....
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