The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1875-10-28
WASHINGTON.
The Union Pacific and the Gov
eminent.

Argument ON the Appeal of the United
States from the Decision of the Court of
Claims.
WASHINGTON, Oct. 27.-Last spring the Court
of Claims in the case of the Union Pacific
Railroad Company against the United States,
decided as its conclusions of law that the rail-
road company should recover the one-halt its
transportation accounts against the United
States, and that the counter claim OF the Unit
ed States should be dismissed. The United
States claimed the right to retain the whole
amount of such transportation accounts and
apply 1T upon the advances made in payment
of interest accrulng upon the bonds. Judgment
of court was that claimant recover of the
United States the sum of $512, $3.50, The
government appealed from this decision and
the argument of the case took place to-day in
the Supreme Court of the United States. The
substantial question presented Is whether by
true construction of the act of 1862, incorpor-
atng the Union Pacific Railroad Company. as
amended by act of 1864 the United States when
ever 1t pays interest upon the bonds issued
to aid the construction of the road is entitled
to enforce the immediate repayment thereof
from the company by suit or otherwise, or
whether such reimbursement can be obtained
only by application of one-half the compensa-
ton due the company for services rendered to
the government. and per cent. OF the net
earnings of the road after its completion. The
obvious and just, and consequently that it is
entitled to recover the amount herein claimed
being one half the sum due for compensation
as stated. The government does not pretend
that it may withhold this half by force of any
authority to that effect expressed in the stat
utes, but solely upon the ground that upon the
payment of interest upon the bonds it there
fore becomes to that extent the creditor of the
company, entitled to the immediate reimburse
ment of the sum paid and recoverable by suit
or offset. The Attorney General submits that
the plain meaning of aud intent of Congress.
apparent from all the statutes, whea construed
together, is, that the United States are entitled
under the charter when accepted by the COM
pany to retain the whole value of the services
rendered to the United States toward the pay
ment of the interest advanced by the govern
meIt upon the bonds loaned to the company.
He claims that if the decision of the court be-
low in favor of the company for onehalf the
value of the services rendered is to be sustain
ed, then $500 100000 will be taken from the
property of the people and transferred to the
pockets of the stockholders of these roads.
"Never before" says the Attorney General,
"did such suit, involving such vast interest
as this, come before judicial tribunal"
The company contend that the frame work
Of the charter, the declared nation Il purpose it
sets forth, the government control assumed,
the government aid proffered, the public uses
to which the work when completed was to be
subjected and finally the increased public aid
promised by the It of 1864, when it was found
that the requisite capital could not lie obtained
under the act of 1S62-all concur to establish
that the work was deemed by the government
of such paramount national Importance
that only by narrow, illiberal, strained con-
structiOn Can it now be contended that any of
the government aid afforded, whether of bonds
or land, should be regarded as donation to
the company. Plainly it is said that they are
not such, but are to be viewed as reasonable
national contributions to aid in the construc-
ton of great national highway along our pub
lie domain, connecting the East with the far
West by telegraph and railway. 1t is then
contended that by the provisions Of the charter
which are examined at length, the company
was not bound, either expressly OF by impca-
ton. to Immediately reimburse the government
for the interest it should pay upon the bonds,
nor till maturity,
The Attorney General argued the case for
the government and Sidney Bartlett for the
road.
The Crops.
The agricultural returns for October show
that the wheat crop the present year is short
one and there is marked deterioration in the
quality. The average thus far reported is about
80 per cent. of last years production. If this
nearly 100000 bushels. Ia quality the crop
averages IA per cent below sound condition.
The condition of the corn crop is exception
ally high. The product reported this year falls
snort OF 1874 ABOUT per cent
Oats, product is per cent. greater than last
year.
The potato crop promises to be extraordinary
both in yield and quality.
Tobacco is Q per cent above the average
Barley is 81 per cent. of last years crop and
buckwheat is not far from the average
The Alabama Claims.
In the court of Alabama Claims in the case
of Charles R. Tucker & Co., for the loss of the
Isaac Rowland, judgment was rendered for the
catch and loss Of the vessel and outfit, in favor
of Edward d. Mandel, administrator, for S.
6l0, Edward D. Mandel, administrator, 81, 694
and A. Darling and others, executors. 1,525.
Mandel is administrator for two parties Chas
r. Tucker, having been fully insured for the
loss Of the vessel and outfit, Judgment was Civ
en- in his favor.
For losses by the destruction of the Star of
Peace by the Florida, May 6, 1868, the follow.
ing judgments we're rendered:
Case 372, VIM. F. Walker, Kennebunkport,
Me for pers )nal effects and wages. 1914 80.
Case 49, John Caul. Sanford, Me-, personal
effects and wages, 1888.
Case 7I3, John Currier, Jr, Newburyport,
Mass, vessel, &C., $104.