Page:United States Reports, Volume 209.djvu/75

 209 U.S. Opinion of the Court.' otti.ee; that of Alguacil Mayor or High Sheriff of Havana. The office was abolished in 1878, subject to provisions. that con- tinued the emoluments until the incumbent should be paid. The plaintiff has not been paid, and in' 1895 one-half of the emoluments was' sold on execution by consent, the other half remaining to the plaintiff or those whom she represents. On 'May 20, 1899, 'the Island of Cuba being under the mihtary jurisdiction of the United States, Brigadier General Ludlow, then governor of Havana, issued an order that the grant in connection with the service' of the city slaughter-house, of which the O'Reilly family and its grantees were the benefici- tries, was ended and declared void, and that thenceforth the city should i'nake provision for such services. The owners were referred to the courts and it was decreed that the order ehould go into effect on.th first of June. In pumuancc of the. same, it is alleged, the plaintiff was dcpqivcd of her property. She appealedeCo the de(ndant, then military governor Of Cuba. On'August 10 he issued an order, reciting the appeal, and stating that, it being cmmidcrcd prejudicial to the general welfare o[ Havana, cc., and in view of the cessation of Spanish sovereignty, the office of Alguacil Mayor de la IIabana, to- gether with all rights pertaining thereto or dc4ved therefrom, was thereby abolished, and the right of claimants to the office or emoluments was denied. The city thcreaftcr was to perform the services. It is allegcd that by this action the plaintiff was prevental, and to this day has been prevented, from carrying out the duties and receiving the emoluments mcntioned above. The complaint ends' by allcgin .violation of the Treaty of De- cember 10, 1898, 30 Stat. 1754, and of General Orders No. 101, of July 18, 1898, issued by the President through the Secretary. of War. It also sets up the Constitution of the United States and the Spanish law in fore6 before' the Island was ceded by pain. The answer denies the plaintiff's right, but admits the passage of the order, anti scts up a ratification by the United States in the so-called Platt Amendment of the act of Marh.2, 1901, c.

�