The New York herald., 1874-07-13
WASHINGTON.

wAsHfssTON July r., 1874
The Question OF Free Government
Transportation Over Railroads Pcs
sessinH .Grants Of Land.
The War Department. has issued an order. en-
bracing the opinion OF the Solicitor General, ap
proved by the Attorney General in relation to the
act OF June 10, 1874. requesting the payment OF
land grant railroad companies Tor transportation,
&C. The question involved arises upon the Ian
guage OF the act, upon which a doubt arises
whether il includes all railroad companies to
which grantgn have been maze by Congress for the
benefit OF their roads, only such as have re-
ceived land grants on condition OF free transp0r-
tat0n OF troops and property OF the United States.
Reference 70 tine legislation under which, espe-
cally within the last ten years, land grants have
been made TO railroad companies, shows, in con-
nection with the above qaestion, that such grants
may be divided into three classes:-
l. Cases IN which, IN one form OF expression or
another. Tree transportation Is expressly stipula
q Cases In which conditions OF preference in
transportation or OF ordinary rates OF transporta
ton, or OF average rates. &C., are all that have
been expressly imposed
g. Cases where no conditions for the use of said
road by the government have been imposed.
''ln my opinion there can be no question taat
the arst are included within, and the third ex-
cluded from, the operations OF the act OF June 16,
1874, quoted above. The THIRD class is very small
one, and probably exists By nadyer tence OF the
prohibition to cases OF grants upon any (other)
conditions for the OF such road these, hav-
ing no such condition attached, are nOI included.
/ am OF the opinion that cases under the second
class are included within the prohibition. Indeed
this Is the only class upon which the act has any
effective operation; IOr the first Class us already
excluded from payment BY the very acts which
gant,, grant the land as has mas been recogn,zed
A consideration OF the passage above quoted
brings me to the conclusion that II was the Inten-
tion OF Congress to make appropriation at pres
aDv where the original grant
leave to them control OF the question; and fur
ther by a comprehe nsive expression to remit all
questions as to the extent of that control the
Court OF Claims. Congress has said as it were,
WavinR all question OF the obligation OF the United
States to pay companies whose land grants con-
tain any condition Tor the use OF their road, until
decision by the Court OF Claims we hereby d.
used TO pay such claims. 1t seems to me that In
80 doing Congress has only resOrted to method
OF raising and deciding such questions that Is
usual among parties to business transactions con-
troled by rules OF law that are obscure. In the
do is to maintain the issue which Congress has
directed with regard to railroad companies hav-
ing any conditions for the of their road incor-
pOrated with their land grants until, the courts
shall have settled 1t.
The Credit Mobilier Case.
The record of the Credit Moollier case Is now
being prepared by the Clerk OF the United States
Court, at Hartford and will be fled with the
United States Supreme Court before the first Mon
day OF October. 1t comes up on appeal from the
court below, and VIII be argued at an early day in
the term, perhaps before the lst OF December.
The Counsel for the United States are A. F.. Perry
7. A. Jenckes and H. Ashton and Sidney Bartlett
b. r Curtis and william NJ Evarts Tor the de-
fendants.
The Reorg OF the Department
OF state.
Several years ago Mr.. Henry d. G.. Pratt, re-
signed Office in the Department OF State to accept
OF o responsible place with the United States Cen
tennlal Commission He mad 1Or a long time been
Chief Of the First Diplomatic Bureau. Under the
recent organization Of the department. he has re-
turned to that position with increased compensa-
ton. The organization will not be completed
OF State, Mr. Moran, who has not yet arrived from
England MIR. Hunter, the Second Assistant, being
in Europe, and the Secretary himself being absent
at his home in New York. MIR. Cadwaltader, the
First Assistant, Is now in charge OF the depart
ment.
Enforcement OF Economy In the Navy.
The Secretary OF the Navy has just issued an
OF expenditure as indispensaby necessary. With
out going fully into particulars the Secretary
grets he has to say he will be obliged to hold COM
manders in chief and all commanding officers to
strict accountability for any apparent overeXpen
diture OF money on stores, and his first act in such
cases will be the dsapprOva of bills until the posi-.
tive necessity for the expenditure Is satisfactorily
proved They must make their ships self-susta,n-
ing under all the ordinary conditions OF cruise.