Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1875-10-28
THE UNION PACIFIC.
The suit New Before AID Now on Hear.
in= iu the supreme Court OF the
United States.
The Points of the Defendant and Plain.
siH'-A Strong Argument for the
Government.

WASHINGTON, October 27.-Tn the
supreme court. to-day, the government ap-
peal from the decision Of the court OF claims
iu the Union Pacific railroad case, came up
IOr argument. The substantial question pre-
S=ntel bv fais Gaze IS, whether by The true
construction OF the act Of lS6- incorporating
the Union Pacific railroad company as
amended by the act o. 1864, the Uniled States
whenever li pays the Interest on the bonds
issued 20 aid IN the construction of the road,
is tied TO enforce the Immediate payment
thereof nom the company, 10y suit OF other
wise, or whether sucn reifnhurse nlent can be
0uiatBed only by application of one-hali
The com gems s'lOu due the company for ser
vices rendered 90 tie government and five per
cent OF the uet earnings Of tie road after its
completion. The company insist that the lat
ter construction + O8vloU. and lust, and con-
SeuuenLly IL Is entitled to recover the amount
herein claimed being one-half the sum FOR
COuF=n aat.cn &s stated. me government
does not pIet md, sS aSser ed by the COM
pauy, tina. ia may withhold this hall by force
q. any authority q mat extent expressed IN
fna statutes, bat sol ely upon the ground that
up1u payment Of the interest on the bonds II
Iferet pgn becomes TO that extent the creditor
a. che company, entitled 10 Immediate re-
luuur-a meutDt the nm paid, recoverable by
suit or OF et. Tie com auy contend that the
framework of the charter, the declared ma
TiOnal purposes u sets fOfth' tie government
control assumed, The government aid pro-
IeTed, tie public uses 10 which The work,
when gIltttd, vas 20 be sub anu,
finally. The Increased pubic aid promised by
1he act Of lAsi. when % was found that the
requisite capital could be obtained under
T4g act oi --i- AL j, urged, concur 20 establish
that he work was dseme ed by the government
OF paramount EstOnHi Importance. The
court U0w con ended that any OF the govern
rntuf aid afforded, whether OF bonds OF land,
should 8g regarded donations 10 the
company, and are 10 be viewed as
national contributions 10 aid in the con-
s.rucfiOI Of great national highway
along our public domain, connecting the
east aItu lle lar west by telegraph and rail-
way. il is then coDJenued that by the pro-
visions ~ the charter. which are examined at
length the comp my was not bound, either
expressly or by Implication, imm edlately 70
reim rse the government Tor the interest IL
should ga- upon their bonds nor until their
maturity. The attorney general submits that
th,- plain meaning ana intent Of congress Is
apparent Tor AL the statutes, when construed
together, lis that the United states are entitled,
under the charter accepted by the company
rDt-talu the whole value o. services rendered
90 tie ulEgI 0taIes toward the payment OF
the iuterest advanced 5y the government up
on tho bonds loaned 10 the company. The at
-DTuCy-4e general says tlatf The judgment be-
low, ln favor OF The company, is sustained,
'Vyo hundred millions OF dollars VIII be trans
O., rcd u tine stOckl. .deTS OF the e roads, II,
the aIluI Ery-geus raj THIS Judgment be
,. cd, before q single generation shall
4. - -,.'i ned the goVgrnm snt will have paid
.-' 10. lt-., NUeut Pacific com panies three hun
~, p. g -Gteen million thiriy-hYe thou
- -, 5--, 'Tcd and sixteen dollars In in
49,. !, .-. I.-s ,, ny une.naif the charges tor
service. he other Ia u being pald by the gov
eTumE.E.