New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-04-14
LAND GRANT RAILROADS.


OPINION OF THE CONTROLLER THAT LAND GRANT
RAILROADS. EXCEPTING THOSE INDEBTED TO THE
GOVERNMENT on ACCOUNT OF BONDS, MAY Re
CEIyu PAYMENT FoR TIE TRANSPORTATION OF
TROOPS.
lBY TELEGRAPH TO rHR rRIBUyE.l
WASHINGTON, April 13.-The following Off
ca correspondence shows the construction placed by the
War Department upon certain acts Of Congress relating
TO payments of money TO certain Pacific Railroads FOR
transporting troops property Of the United States:
WAR DEPARTMENT, QcLRTERMA srEI-GES'L's OFFICE,
WASHINGTON, d. e.. March lS, 1873.
70 M Hom"rGS Ter S ,pp.s Of tho a army lhw r
the fiscal year ending June 80, 1875 and for other pur
poses approved March $50 provides toaa no money s
transportation OF any or Troops oi .n1 ss
Constructed By the lid Of grant Of public land on the
condition that sHch railroad shond be public highway
for the OF the Government Of the United States nee
from toll or other charge, upon any other condlon
for the Of such road for such transportation pIov0eo
rent fiscal year nor thereafter roads where the sole
condition OF Transportation that the company snail NOT
viiuas for like transportation, when the Quarter
masterG General shall be satisfied that this eonuton HAS
been faithfully complied with"
similar provision with the exception OF the proviso
quoted and the tact that the prohibition applies only 70
1875 was inserted in the act making appropriations for
the support Of the army for the fiscal year ends June
strued by the Attorney General applying 70 all rail
roads that had received grants OF public lands upon any
braced all railroads known A. Land grant rnsro'ds with
the exception OF the Oregon Central Railroad and che
the Second Controller Of the Treasury Jan IA 1873 not
10 he land grant railroad within the meaning Of the act
Of Jan 10. 1874 An examination OF the table OF land
grant railroads published in General Orders No. 3d. Of
1872 will show that there are IA railroads that received
grants land conditions of kind another having
reference 10 Government transportation other than he
one that the railroad :" snail DC pubic e an,
toll or other chargr." Those roads arc: The
A 1s ana Pa me DIVISION hs
Branch Union Pacific, the Denver Pacific NE Kansas
the Northern Pacific the Sioux City and Pacific the 81
Joseph and Denver CITY the southern rscinc OF Cali-
branch line the Texas Pacific, and the Union Pacific
pages ~ to 40 inclusive table OF land yrnnt railroads.
ions "e top the use Of the roads by the
attached. An examination Of these laws VIII show that
there other conditions than the one that the Com
pany shall not charge the Government higher rates than
they do individuals for like trnnepcrtaon But whether
or all OF the roads from the BENEFITS Of the
provso above quoted. IL question which respectfully
submit for decision by such OF the law officers or
accounting officers Of the Government the secretary
OF War may think proper am Of opinion that 10 was
that no money shall hereafter he paid 10 any ailread
company" Dr., all roads that not required In sumo
transportation Of roops property Of the Uhited States
transport the same free 81 cost charge or expense
appears all che roads named in this oormnni-
nsaSsa Of o
bidding payments to those roads whole o.
the USE Of the Government Of the United states free
from toll other charge upon any other conditions
for the use Of such roads for such ranspurtion."
Another question which desire decided L. Does the
proviso that the foregoing restriction shall not apply
for the fiscal year thereafter TO roads where
tho sole condition of transportation III that the cony
shall not charge the higher rates than they
individuals FOR like transportation, repeal the act OF
June 6 1871 far as the latter forois payment out OF
the appropriations the fiscal II the roads
above named to permit payment to those roads Tor
services that have been rendered. or uii may DC fcn
dered during the current fiscal ycaE
OF IL IL understood shat the act OF March D.
1873 prohibiting payment certain roads indebted to
states, issued said companies Ia sill In force. aIn
very respectfully, your obcdient servant.
Quartermas General, Brevet MAJOR cneral u A.
WAR DEPARTMENT. March %, 1873:
Respectfully referred TO the second Controller OF the
Treasury for opinion. II. 1. CROSBY, 1ne1 clerk
Respectfully returned 10 the Secretary OF War WITH inc
remark that after examination Of the statutes OF congress
relating 10 the Land grant railroads, concur with tie
expressed by the Quartermaster% eierai III DIS re-
port 70 the Secretary OF Var dated March 49, 1879
First that the enumerated railroads are excepted from
the prohibitions contained III the actA or June TO-
1874 and juno 20 and 30, 1874 and second that tie
act Of March 1879 longer operates to prohibit pay
ment fiscal year to those railroads where
shall not charge the higher rates than they
do individuals for ike transportation etc. ETC. and Dy
the phrase current fscal year found in the Aproprli
ton act OF March g. 1879 1t is understood that the fiscal
year beginning July 1874, and ending June 80, 1870
is meant The Of March, g. 1879. the QuartrfTnas-
ereneral remarks IA let IN fun force III respect OF the
Pacific Railroads indebted account OF United States
bonde NJ DC