Page:United States Reports, Volume 209.djvu/71

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209 U S. Syllabas. within and subject to the jurisdiction of the United States to the extent of ita constitutional power, and the power is not in dispute. Ex parte Curtis, 106 U.S. 371.; United States v. Newton, 9 Mackey (D..C.), 226. Judgment reversed. MARIA FRANCISCA O'REILLY DE CAMARA, COUNTESS OF BUENA VISTA, v. BROOKE, MAJOR GENERAL, U.S.A. ERROR TO THE DISTRICT COURT OF THE UNITED STATE? FOR THE SOUTHERN D1STR1CT OF NEW YORK. No. 104. ? February 2?, March 2. 19?8.--Deei?,ed March 16, 1908. A tort can be ratified so as to make an act done in the course of the princi-' paps buaine? and purporting to be done in his name, his tort; and the ride of exonerating the ?ervant when the mszter assumes liability is still applicable to a greater or le? extent when the master is the sovereign. The Paquet? Haharia, 189 U.S. 453, 469. By virtue of sa order of the Secretary of War and also by the Platt amend- ment of tha act of March 2, 1901, c. 803, 31 Stat. 897,'and the treaty with Cuba of May 22, 190?, 33 Stat. 2249, the acts of the officers of the United States, during the military occupation of Cuba, complained of /n this at4ion, wen? ratified by the United State?, and those officers re- I/?ved of liability therefor. The courts will not &clare an act to be a tort in violation of the law of nations or of a treaty of the United States when the Executive, Congre? and the treaty-making power have all adopted it. The bolder of a heritable office in Cuba which had been abolished prior to the exq?netion of Spanish sovereignty, but who, pending compensation for its oondenmatio?r, wa z receiving the emoluments of one of the grants of the office, hdd in thiB case to have no pmporty rights that survived the extinction of ?uch sovereignty. 142 Fed. Rep. 8?8, affirmed. T?E facts are stated in the opinion. Mr. Frederic R. Coudert[ with whom Mr. Paul Fuller, Mr.