, 1875-10-28
THE UNION PACIFIC CASE.

ANGUMENEH IN TItE 6CFHENE COUNT.
WAsn1saroS, d. c.. Oct. 27.-1n tho aIpron1o
Court to-day the Government appeal from tie
desision OF tho Court Of Ciain,s Ia tho Union
Pacific case camo up for argument. Tito Hnb-
stantfal question presented by this cnaa il
whether. by tho construction Of the act Of 1862,
incorporating tho Uniou Pacific Nailroad Com.
puny II amended by tho act Of 1864. tho Uult2d
Sta.cs, whenever It rays interest upon tho bonda
iasucd to MD III tho construction Of tho road, IL
cut,lled 10 euforco Immediate ravnent thereof
wlHe. Or whether such reimbursement eau
bo obtained only by tho application Ut oue-
half The compensation duo tho Company for
eeryices rendered to thu Government. aid
6 per cent of tho not earnings OF tho
road after ita completion: Tho, COMPANY
uaiBt that tho latter construction ii obElon7 atlI
JuHt, nnd consequently tAat It IL entitled tt, rc-
cuyer tho amount herein cinimet, being ono
halt Of the sum due for compensation, NJ stated;
lie Government does not pretend, ~ assorted
BY tho Company, that it MAY WITHHOLD this half
BIZ force OF any authority to that effect expressed
III tho statutos, but solcly upon tho ground th"t
upon payment Of interest on tho bon1a 1t ttlerc-
upon becomes to that extnnt creditor ot thO
Company enttt!ed to immediate intursameut Ut
tho sum paid, recoverable by suit or ot!hct
Tho Company couteutl that the framework at
tho CHATTER. tho declared nasIooal purposes Il
tne ' pnbiio uses 10 which tho work, when CON:
plated. was to be subjected. and
iiually tho Increased public asd promised
by tho act Of 1864. when it
MAS found that tho roqufafto capital could not
bc obtained under the act OF 1862 All, IL is said
CONCUR to establish that The NO. i was doomed by
the Government OF Auch paramount national
impo, tance that only by nRrrow. illhera1. and
strained construction can II nor DO contendtd
that any Of the Government aid Afforded.
whether Of bonds or lard. should 10 regarded as
donations to tho Company. Plainly 1t ts said
thoY were not such, but arc to De yiewed as rea-
sounble national contributions to all in tho con
| s,ruotion Of a great natiopa! highway along o'r
public domain, connecting the East with tLo fur
| tenasd that, l,3 tAa proytalona of tho charter,
| which ara examined at leugsh the Company was
not bound other expressly or by implication ltn-
| nfcdatoly to reimburse tho Government tor tho
| interest 1t should pay upon bonds, nor until
| the,r maturity.
Tie Attorney Geuesal submits thu. tho plain
| meauipg and intent Of CongrtaB. npphront IRON,
ali The statutes when construed toKoter, IL tina:
| tho United EtateH are entItled-uldor the CHAR.
ter accepted by tho Conpauy-t0 retain tho
whole rnlue Of tho services rendered to the
| Ualted Htates toAaTd tue payment Of tntereat
advanced by tho Government upon tho buuds
| loaned 10 tho Company. Tho Acknowledgement
says that, II tue i.dRnent below IN favor Of the
Company iB sustained u No. 000 nh0 will 10 t! aa
! ferrni 10 lin stoekio1dois Ut these roads. X,
rsys tho Attorney. 0oucral. ta.a Judgment te
| sustained, before 6ingl4 generation stall have
| pAsset tho Government N1lt hayo paid for tie
different Pacific Companies 1915 0S5. I'll In inter.
est alone, less only lna-half the chAtgeH for bat-
vices, tho other halt being paid by tho uosorn
mc,It.