
    HIRAM K. HAZLITT v. THE UNITED STATES.
    (16 C. Cls. R., 450; 115 U. S. R., 291.)
    
      On the claimant’s Appeal.
    
    The contract in suit hinds the contractor to transport such military, Indian, and Government stores, &c., as shall be turned over to him by “ the officers or agents of the Quartermasters Department." Indian supplies are turned over to him by the Quartermaster Department. These he transports and is paid therefor, and ultimately the Interior Department refunds to the War Department the cost of transportation. But the great mass of Indian supplies is transported by the contractors of the Indian Bureau over the claimant’s route and within the life of his contract.
    The court below decides—
    Where the Quartermaster Department enters into a contract, the subject-matter of which is the transportation of “ stick military, Indian, and Government stores" as may be turned over to the contractor for transportation “ by the officers or agents,; of the Quartermaster Department," the contractor is not bound to transport and has no right to the transportation of Indian stores which are not in the custody of the Quartermaster Dejmrtinent.
    The judgment of the court below is affirmed on the same grounds.
   Mr. Justice HABLAN

delivered the opinion of the Supreme Court, November 2, 1885.  