P. L. ANDREWS CORPORATION v. THE UNITED STATES LETTER FROM THE ASSISTANT CLERK OF THE COURT OF CLAIMS TRANSMITTING A CERTIFIED COPY OF THE FINDINGS OF FACT AND CONCLUSION FILED BY THE COURT IN THE CASE OF P. L. ANDREWS CORPORATION. v. THE UNITED STATES JANUARY 5, 1928.-Referred to the Committee on Claims and ordered to be printed OFFICE OF THE CLERK COURT OF CLAIMS OF THE UNITED STATES, Hon. CHARLES G. DAWES, Washington, D. C., December 20, 1927. President of the Senate, Washington, D. C. SIR: Pursuant to the order of the court, I transmit herewith a certified copy of the findings of fact and conclusion filed by the court in the above-entitled cause, which cause was referred to this court by resolution of the United States Senate December 21, 1921, under the act of March 3, 1911, known as the Judicial Code. I am, Very respectfully yours, F. C. KLEINSCHMIDT, Assistant Clerk Court of Claims. Court of Claims of the United States. Congressional, No. 17337 (Decided May 11, 1925) P. L. ANDREWS CORPORATION V. THE UNITED STATES This case having been heard by the Court of Claims, the court, upon the evidence, makes the following FINDINGS OF FACT I. On May 2, 1921, there was introduced in the Senate of the United States, and referred to the Committee on Claims, the following bill: A BILL For the relief of the P. L. Andrews Corporation Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury is hereby authorized and directed to pay, out of any money in the Treasury of the United States not otherwise appropriated, the sum of $11,168.95 to the P. L. Andrews Corporation, of New York City, New York, as just compensation for and in full satisfaction of the damages and loss incurred and suffered by said corporation in complying with United States Navy commandeer order numbered N-3255, dated June 18, 1918. Thereafter in a resolution of the Senate it was provided that said bill, with others, "be, and the same are hereby, referred to the Court of Claims in pursuance of an act entitled 'An act to codify, revise, and amend the laws relating to the judiciary, approved March 3, 1911; and the said court shall proceed with the same in accordance with the provisions of such act and report to the Senate in accordance therewith." II. The plaintiff is, and was at all the times hereinafter mentioned, a corporation organized and existing under and by virtue of the laws of the State of New York, having its office and principal place of business in the Borough of Brooklyn, county of Kings, city and State of New York, and a citizen of the State of New York and of the United States of America. It has borne true allegiance to the Government of the United States at all times and is the sole owner of the claim herein presented, no part thereof being assigned or transferred to any person, firm, or corporation. The business of the plaintiff was, and still is, the manufacturing of paper goods and specialties made of paper material. III. On June 5, 1918, plaintiff leased from the Bush Terminal Buildings Co. for use as its place of business, and thereupon occupied for said purpose, 14,487 square feet and 11,978 square feet, aggregating 26,465 square feet, of Bush Terminal Loft Building No. 4, in Borough of Brooklyn, city of New York, under two leases, respectively, both of which expired the 1st day of February, 1919. Under the terms of said leases plaintiff paid therefor at the annual rate of 35 cents a square foot per year, or at the annual aggregate rental of $9,262.75. IV. On or about the 18th day of June, 1918, the Government of the United States, through its Navy Department, served upon the Bush Terminal Buildings Co. Commandeer Order No. N-3255. The material parts of said order are as follows: N. S. A. 550. Bureau of S. and A. BUSH TERMINAL BUILDINGS Co., Navy Order Number N-3255 BUREAU OF SUPPLIES AND ACCOUNTS, 100 Broad Street, New York, N. Y. SIR: 1. Pursuant to the provisions of the acts of Congress, naval appropriation act approved March 4, 1917, and the urgent deficiency act approved June 15, 1917 (quoted in part on reverse hereof), and acting under the direction of the President of the United States, an order is hereby placed with you under the conditions stated in subparagraph B (subparagraph A is eliminated), to furnish service needed by the Navy as listed below. Compliance with this order is obligatory, and no commercial orders shall be allowed by you to interfere with the delivery herein provided for. * * * * 1. The following described premises situated on the blocks (a) bounded by the northerly building line of 36th Street; easterly building line of 2d Avenue; southerly building line of 35th Street and westerly building line of 3d Avenue; (b) the northerly building line of 35th Street; easterly building line of 2d Avenue; southerly building line of 34th Street; westerly building line of 3d Avenue, all in the Borough of Brooklyn, city of New York, State of New York, known as Bush Terminal Model Loft Buildings, numbers 3, 4, 5, and 6, being 6-story concrete, fireproof buildings, 200 feet by 700 feet, constructed in a "U" shape with a court 500 feet by 50 feet; the said several dimensions, more or less, all owned and controlled by the Bush Terminal Buildings Company. 3. It is further understood and agreed that the Navy Department will accept occupancy of all or any part of this space on or before December 1st, 1918, it being the intention of the Navy Department to permit the tenants now occupying the space above mentioned to vacate same before December 1st, 1918, or at such earlier date as they may secure other suitable quarters and that the obligation of the Navy Department for rental of said space, as it may be from time to time vacated, will begin on the date that the space is actually vacated, all space to be vacated before December 1st, 1918. V. On the same day there was addressed to the plaintiff, by a duly authorized representative of the Navy Department, in its behalf, the following communication: OFFICE OF THE COMMANDANT, MATERIAL DEPARTMENT, LEGAL AND CLAIM SECTION. DEAR SIR: By direction of the special board of appraisal referred to in the accompanying commandeering order served upon the Bush Terminal Buildings Company on June 19, 1918, I am serving you herewith with a copy of the order commandeering Model Loft Buildings Nos. 3, 4, 5, and 6 of the Bush Terminal Buildings Company, together with a questionnaire for you to answer. Kindly mail your answers to this questionnaire to the board at room 416, No. 280 Broadway, New York. Prompt and full answers to the questions set forth in the questionnaire herewith served will greatly expedite the work of adjustment between yourselves, the Bush Terminal Company, and this board. Very truly yours, ROBERT STEWART, Inclosed with said communication was a copy of order N-3255, and also a questionnaire containing 25 interrogatories and calling for information with reference to the number of square feet of floor space occupied, date of termination of the lease, nature of business, estimated value of the plant, the amount of business transacted, the nature of the equipment, the approximate cost of dismantling and relocating, etc. On June 28 the plaintiff responded to said letter, as follows: Mr. ROBERT STEWART, Assistant Engineer United States Naval Reserve, 280 Broadway, New York. JUNE 28, 1918. DEAR SIR: This is to acknowledge receipt of your communication with copy of commandeering order applying to Bush Terminal Buildings, Nos. 3, 4, 5, and 6. Inclosed you will find copy of our answers to your questionnaire. Yours very truly, P. L. ANDREWS CORPORATION. Thereafter, on July 9, 1918, the following communication was addressed to and received by the plaintiff company: OFFICE OF THE COMMANDANT, Material Department, Legal and Claim Section. 88 35th Street, Brooklyn, N. Y. GENTLEMEN: This is to acknowledge the receipt of the answers to the questionnaire that was mailed to you on the 21st day of June, 1918. The information which you have furnished to the board of adjustment on the commandeer order for the Bush Terminal Buildings was requested solely for the purpose of equipping the board with complete information in case it should feel justified in the recommendation of an award of certain damages at this time. The filing of the questionnaire by you does not in any way act as a stay or release you from the obligation to vacate the premises on or before December 1, 1918. S D-70-1-vol 24-35 It is the intention of the board to make a personal visit to each plant affected by this commandeer for the purpose of verifying such statements as have been filed, and this, you appreciate, will take some time, as there are some sixty-odd firms affected by the commandeer. When and as soon as you have made definite arrangements to vacate the space now occupied by you, kindly notify the board as to the date upon which you expect to remove from the premises now occupied. Yours very truly, SPECIAL BOARD OF ADJUSTMENT, VI. On July 22 the plaintiff company addressed to the respresentative of the Navy Department the following communication: ROBERT STEWART, Assistant Engineer, U. S. Navy, 280 Broadway, New York City. JULY 22, 1918. DEAR SIR: In connection with the commandeering order covering Bush Building No. 4, in which we are occupying two lofts, we want to place before you the fact that one of the lofts known as the east section, now leased by us, was taken some time ago only to provide ourselves with extra space that would be required later on. The commandeering order makes it impossible for us to carry out the plans we had made for expansion, and also prevents us from subletting this space which we are now free to vacate almost in its entirety. The rental of this space, which is now lost to us for the remainder of the period of our occupancy, is a heavy burden, and whether or not your board would sanction a claim from us covering this loss, we wish to inquire if the Government can not make use of it in advance of December 1st, thus saving us from considerable expense. We would like very much to have you consider this matter and advise us at your earliest convenience. Yours very truly, P. L. ANDREWS CORPORATION. And on July 25, 1918, receipt of said letter was acknowledged and response made thereto as follows: OFFICE OF THE COMMANDANT, Material Department, Legal and Claim Section. RS:PRB. 88 35th Street, Brooklyn, New York. GENTLEMEN: Yours of July 22d, in re certain space in one of the lofts known as east section of Building #4 received. It is noted that you state that you are now free to vacate almost in its entirety this section. If you can vacate the entire extra space taken by you by August 1st, the department will be able to take it over from that date. Kindly inform us at once of the exact amount of space and its location that will be thus vacated, and of the date when it is vacated. Very truly yours, ROBERT STEWART, Assistant Engineer, U. S. N. (Ret.), VII. On September 9, 1918, Navy Order No. N-3255 was annulled by communication addressed by the Paymaster General of the Navy to the Bush Terminal Buildings Co., as follows: SIRS: You are informed that, by direction of the Secretary of the Navy, Navy Order No. N-3255, dated 18 June, 1918, and served upon you 19 June, 1918which Navy order commandeered Bush Terminal Model Loft Buildings numbers 3, 4, 5, and 6 as specifically enumerated in the body of said commandeer order is hereby annulled. It is expected that you will inform all those tenants of yours which were located in these buildings at the time of the serving of the commandeer that said commandeer has been annulled and that the contractual relations between those tenants and you are, in accordance with the terms of the various leases, the same as they were previous to the placing of this commandeer. Respectfully, /s/ SAMUEL MCGOWAN, Paymaster General of the Navy. And on September 13, 1918, the plaintiff was informed of the annulment of said order in the following communication: OFFICE OF THE COMMANDANT, Material Department. Telephone Worth 8900. Copy of a letter from the Paymaster General of the Navy to the Bush Terminal Building Company notifying them of the cancellation of the order, is enclosed herewith. J. L. MURRIE, Lieutenant, U. S. N. R. F., Member of Board and Acting Recorder. On September 25, 1918, the plaintiff company addressed to Lieutenant Murrie the following communication: Lieutenant L. L. MURRIE, 280 Broadway, New York. SEPTEMBER 25, 1918. DEAR SIR: Referring to our conversation following receipt of notice that commandeer order #3255 had been cancelled, we have found it impossible to change our plans for occupying premises leased by us under date of August 29th, therefore, it is our intention to vacate the space we now occupy in Bush Terminal Building No. 4 and the same will be vacated by us on or before the 30th instant as per copy of letter to Bush Terminal Company attached. Yours very truly, PLA.FA P. L. ANDREWS CORPORATION. VIII. Immediately upon the receipt by the plaintiff of notice as to order N-3255, which was received on June 19, 1918, plaintiff began inquiries looking to the procurement of another building or floor space within the city of New York suitable for the carrying on of its business. There then existed in the city of New York a shortage of buildings or floor space suitable for such purposes. On the 29th day of August, 1918, the plaintiff entered into a lease with one Victor E. Dessart for a one-story brick building then in course of construction in the Borough of Brooklyn for a term of 10 years, at an annual rental of $8,000. The construction of said building was altered to some extent to suit the purposes of plaintiff, and plaintiff |