Page:United States Reports, Volume 209.djvu/76

 OCTOBER TERM, 1907. Oplnon of the Court. 803, 31 Stat. 897, to the effect that "all acts of te United States in Cuba during its military occupancy ther)f are ratified and validated, and all lawful rights acquired thereunder shall be. maintained and protected," afterwards embodied in the Treaty with Cuba of May 22, 1903. 33 Stat. 2249. The istrict judge made a finding of facts, substantially supporting the allegations of the bill, which it is not necessary to set forth in detail, but stating one further public fact that should be mentioned. The plaintiff appealed to the Secretary of War to have General Brooke's order revoked. In aswer, Mr. Secretary Root denied that th rights attached to the office of Sheriff of Havana srvived the sovereignty of Spain, observed that the services in question were in sultanco. an exercise of the police power ' of the State, that the right to exercise that power under Span- ish authority ended when Spanish sovereignty in Cuba ended, and that the petitioner had been deprived of no property what- ever. In December, 1900, the United State ratified and �adopted the action of Gelmini Brooke through an order of the Secretary of War, and again by the act of Congress just men- tioned and the Treaty of 1903. The judge was of opinion that, -although there was e public nuisance in the slaughter-house creek,'General Brooko's oer was not justified under the police power, but that by the ratification of the United States the plaintiff lost any claim against him. The judge intlmated, however, that she had a just one ngat the United States under the Treaty with Spain. - We are so clearly of opinion that the complaint mt be dis-  tbat we shall not do more than mention some technical difficulties that would have to be discussed before the plaintiff could succeed. In assuming that General Brooke's order per- manently deprived the plaintiff of her rights, although they were attached to no tangible thing, and although General Brooke long s!nce has ceased to be Governor of Cuba or to have ' any power in the premises, the plaintiff necessaffly assume .Sat her rights follow the ancient conception of an office and'

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