New-York tribune., 1875-11-30
THE UNION PACIFIC WINS
UNANIMOUS VERDICT OF THE FINAL TRf'
BIJNAL.

THE GOVERNMENT.
WASHINGTON, Nov. 29.-The decision OF
tho United States Supreme Court In the ease OF
the Union Pacific Railroad Company against tho
United States delivered to-day by Associate justice
Davis as follows " This IL appeal from the Cours
Of Claims. The Union Pacific Railroad Company,
concedng the right Of the Government to retain oneha
OF the compensation due IL for the transportation OF the
mails and military and Indian supplies, and TO apply tho
same TO reimburse the for interest paid ny
10 the bonds issued to the corporation to adh in e
construction railroad and telegraph lne seeks to &C.
tablsh by this suit Its right 70 the other moiety'
The United States the other hand having paid inter
est on these bonds OF the credited 10 the
Company for services rendered by IT, insists on its ght
withhold payment altogether The grounds on which
the right Of retention is sought 10 be maintained Is the
general right OF seto It IL true this right az gen
eral principle, exists in the Government, ana
is commonly exercised by when settling with
those having claims aganstt But manifestly the rues
applicable TO ordinary claims for services rendered 70
the United States do not apply TO this controversy The
bonds in question issued by the United states In
pursuance Of scheme to aid IN the construction OF
great national highway. In themselves they do not I'M
pu,o any obligation the part of the corporation to pay
them and whether, when the United states has paid
interest them obligation arises on the part OF the
corporation refund it, depends wholly the cond
tOns which the bonds delivered 10 the corpora
tion and received by IL.
These conditions are embodied in the legislation OF Con
gress on the subject and II fair Interpretation Of this
legislation the corporation Is found to be now debtor 70
the United States the deduction Of interest paid on
bonds be lawfully made But II the converse proposr
ton ascertaned to be true the Government cannot
rghuly withhold from the corporation half ~ lite earn
ings In constituting act OF Congress, we are not at
liberty 10 rccur to the views Of individual members In
debate the consideration OF the motives which IN
huenced them 10 vote Tor or against Ito pasaxe'
The act itself speks the will Of Congress, and tlsh TO
be- ascer'ained from the language used But courts may
with propricy in constituting statute rccur 10 inc Incl
dents Of the time when il was passed and TINS is ire
qucDty necessary in order to ascertain te reason AZ
well as the meaning Of particular provisions I'D H. Mary
of the provisions in the ORIGINAL Ae OF lsoZ are outside
D; the usual course Ot legislative ac'lon
t. railroads, AID cannot properly DC construed ~,ou'
reference To the circumstances which surgounded t"h
gress when the act was passed.
IMPORTANT PURPOSES OF THIS ROAD
The war OF the rebellion was IN progress, ana the
country had become alarmed for the safety OF the Pscc
States owing 10 complications with England In case
these complications resulted open rupture the loss OF
our Pacific possessions feared But even II THIS ieaf
was groundless, it quite apparent that we were
quite unable to furnish that degree OF protection to the
people nbabitng hem which every Government owes to
s citizens 1t ia true he threatened danger was happily
averted but there still remained the neces lty OF MAKING
suitable provision for the future which could be done IN
no better way than by the OF railroad across
the continent. Such road would bind together tho
cheap and expeditions mode Of transportation for troops
and snppies; and il il did nothing than afford the
requisite protection 10 the Plclic states, u was Iet that
the Government in the execution Of its plain duty could
not Justly ignore the necessity OF building this road 30
strong and peryading this opinion thar II was Dy n9
means certain that the people would not have sanctioned
the action OF Congress II il had departed from the tf
dictionary policy OF the country regarding works or inter-
nal nprUy cement, and had charged the GOvernment
itsef with the direct execution OF the enterprise Ths
enterprise viewed As naiional undert KING for ma
onal purposes and the pubic mnd Was drrcted 20 me
end to be accomplished rather than to the particular
means employed for the purpose. .,
Although this road military necessity, there wero
other reasons, active at the time III favor OF It's compile
Sn besides yas is IL tertoy between
the Missouri ana the Sacramento rivers, which was pra
tcaly worthless without the facilities afforded by rail-
road, for tie transportation OF pcrs0ns ana pFopery
With lis construction the agricultural AMI mineral re
Se where settlements were possible and tereby the
wealth aud power OF the United States essentially in.
even for an improved and cheaper method OF ansporta
OF the mail and supplies for tie Amy and the In
dams
PRIVATE CAPITAL NECESSARY TO THE WORK.
1t was in the presence Of Congress
,ertook TO deal with the subject Of this railway. The
difficulties in the way Of building IL was great, and were
by many intelligent persons considered insurmountabe,
although free people, when It resolves on course OF
action can accomplish great results. The scheme OF
buildings railroad 1000 miles in length deserts,
across mountains and through country inhabited by
Indians Jealous ot intrusion their rights, unyers
ally esteemed at the time to be bold and hazardous
dertakng II nothing to the purpose to Say that the
difficulties In the way of the undertaking disappeared IN
measure after trial. aud that the road constructed
at less Of time aud money than considered Poss
BILE. No argument can be drawn from wisdom which
comes after the fact Congress acted with reference
state things supposed to exist AZ the time and idea
can be derived in the construction OF legislation from the
consideration that the theory which 1t proceeded
not to be correct The project for building
the road was conceived for private ends and the
tro
private capital alone. It national work. origi-
mating in national necessity. and requiring
national assistance. The policy OF the Govern.
mcnt say nothing Of the supposed want OF power,
stood In the way Of the United States taking the work
into its own hands Even II this was not so OF
economy suggested that IT better 10 enlist private
tool to do and Inducements held such AZ IL
believed would secure the requisite capital
mSe anS e1ipss he osoH S Of e Sok "s ShcS prS
deemed essential TO the security OF great public interests
fr without reasonable expectation OF this captai
could not be obtained the requisite skill ard enter.
the relation of parties this suit This might baye been
so if the Government had Incorporated company to
advance private interests and had agreed aid II on
account of supposed Incidental advantages which would
to the public by the completion OF the enter
wholly different theory IL aided the enterprise in order
TO advance rs own interests and " order to enlist
strucon Of road which was 10 be used for Government
company must depend on tine ncanng Of The enact
mcn itself, viewed in the Eight 81 cotemporaneous lis.
tory.
OBJECTS OF THE ACT OF INCORPORATION,
II has been frequently observed by this Court that the
title OF an act especially in Congressional legislation
furnishes little aid III the construction OF IT, because the
body OF the act In has reference 10 the
matter specified In the title This true and we have
disposition Ia depart from this rule but even the
original act of 1862, incorporating this eompanv
seems to have been the subject OF special con.
sideration by Congress, and 1t declares the general
purpose Of the act IL is "an to aid tn tbc eon