The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1875-10-28
Thanksgiving Day.

WARRINGTON, October 2f.-Ihe FreS-
ident to-day Issued u proclamation deslS-
mating the 18th of November as day oil
thar ksgiving and prayer throughout the
United States.
United States w. Union Pacihc H. h'
In the Supreme Court to-day the gov
ernment took IN appeal from the dtc1'
sion OF the Court of Claims IN Ihe mon
Pacific Railroad case, which came up lot
argument The substantial question pre-
sented by this case Is whether, by the
true construction OF the act OF lSG2, IN
cooperating the Union Pacific Railroad
Company AS amended by the act OF 1861,
the United States, whenever 1t
paws interest upon bonds Issued
To aid in the construction OF
the road is entitled to enforce lmme-
dlate payment thereof from the company
BY sult or otherwise, or whether such 70.
endorsement can be obtained onl Y on
application OF Unc-halt the comEensa-
ton due the company for services rem
dcred 10 the Government and live per
cent Of the net earnings of the road after
lis construction. The company insist
that the latter construction Is obvious
and Just and consequently that 1t Is en-
titled to recover the amount herein
claimed, being Urc-haIt the sum due for
compensation rs stated. The Govern
mend does not pretend, as asserted
by the company that 1t may
withhold this half by force
Of any authority to that effect eX-
pressed in statutes, but solely upon the
ground that upon the payment OF the m
tcrcst on che bonds, 1t therefore becomes
to tina. extent creditor Otthc company, en-
Titled To Immediate reimbursement Ot the
sum paid, recoverable by suit or offset.
Tie company contends that the frame
work ot the charter; tho declared nation
al purpose II sets forth; the government
control assumed; the aid prollercd; the
public use to which the work when COM
plcted was to be subjected, and, finally,
the increased public AID promised By the
act OF 1861, when 1t was found that the
requisite capital could not be obtained
under the net Of 1852 Justified them
IN this course. All 1t sought To
establish was that the work was deem.
ed by the government OF such
paramount national importance that
only by q narrow, iliiheral and
strained constru ,.ion. Can 1t be now
conicudcd that ANY oi the government
aid cilcr.d, whether oi bonds or land,
should be regarded IS donations to the
company? Plainly it Is SAID they were
not such, but are to bc received as reason
able national contr GltlonS, 10 AID IN the
construction OF a great national highway
along eur public domain, connecting the
East with the far West by telegraph and
railway. II is then coGtcnded that
by the provisions oI the charter which
are examined ut length, the company
was not bound, either expressly or BY
implication. to reimburse the Govern
Iucut Tor any interest it should pay upon
the bonds nor the principal until their
maturity. The Attorney-Gcncrai sub
mits that the plain meaning ana intent
at Congress, apparent from ali the statu-
tes when construed together, l. That the
United States are entitled, under the
charter accepted by the company, TO re-
tain the whole value Of the services rem
d.rcd to the United States toward the
payment OF the interest on the money
advanced 10y the Government upon
bonds loaned to the comppny. The At
torncy.GcneraI SAYS that il tn" judgment
below in favor of the company is Sus-
tuiucd 500. .UJO,OOO will b. transferred to
the stockholders of these roads i, lays
the Attorney General this Judgment be
t..t