, 1875-11-30

that 1t mar interfere with his oun cuances far |
tho Presidency. 11o saJA tha. whe Nr. Herr |
and h'nssls entertain Tio~s On tbs hns"r'al !
question not IN accord. lIo II not oppobri s'lt
would liks to gce Mf. Kerr Ghoseu to p:celde |
over Democratic Houso.
THE UNION Pacific DECISION.
sFn~k JoBHIf1 ECMoGs.
srrstat Dtpaich to The Gsseaa, Is.bune.
WAHIISaToS, b. c.. Nov. 29.-The scene Ia
the United States bupreme Court This morning
pending tho reading Of tho dacison In the
Union Pacific case Was norrl Que, Tao lending
Wall STREET hou.es had tLcr representatives
there, and ah it became cEideut IN the coulse Of
the decision, that It would bo favorable to tho
Company, the d,Suisv OF tho Court WAS disturbed
by messengers rneh,nG hbout WITH Htock jocbing
teegrams. Tbs Court had go we'll kopt their
counsel in the usttar TINT rumosH Of an opposite
decision weEc c'sirept to the very moment when
tho opluiou was announced.
[I0 ths A&soctet<d rFess.l
NABNiSdToN, u. e., Aoy. 2J,-lho decision Of
| the United States Saruuna Court III tho cAso OF
tue tuion Pacific ia!fraad Company against tho
| United States waa delivered tod IS br A4aociA:o
Justice Dario AZ tho unanimous expression Of
| the Court. 1t opeos With the statement Of both
| sides to the care, which Involves this retention
| or uon-re.ention by tue Government OF half the
| compensation dne the road for tho tranBporta.
tIoo OF mails. sud military. aud lndlAu Hurpliea
as reimbursement for interest phid on bonds
issued to the corporation to aid the construction
Of the rsIoad- Ono OF tho grounds for
| the retention is tue general right Of &c.
OF. 1t ia true. eays the Court this night Al
general prlncpie exists 1n tho Government,
| and ia Commonly exercised when ncttling with
thofo ha@lng claims aGainst il. hnt t:'anifest's
! tho rul'1 xlFl!cabo u Or lluary clanb for acf-
vices Icnde,vd tho United H.atos do not amply to
| this CONTROVERSY. The bonds IN question uero
| issufsd by the United Statcs to aid the cnDRrnc-
| tlor4 Of d gent natioun highway III them
ee.ves they do not imputo any obligation Oh tho
part at the corporation to pay tlem. and wheth-
or, when the Government has paid tho interest
Gu thcnl, 8u obligation arisaA on tha part OF tho
! corporation 10 refund it, dcpends wholly on tie
eoud,:ious On which thu bonds weEo delivered
| to tho corporation, and received byit. Tue
Court goes on to rcrlew tho LEGISLATION
| Of CougrenF. and tho rensous which nlade iu,oeT-
a1ire \ national highway to the Pacific. whlch
Roula bind together tho Nidcly'aepasated pa.t ts
OF common country, aud furnish cheap and
| expeditions mode Of transportation for troops
antl supplies mud il was fit the Goyernmont
ooHld not Justly ignore tho necessity OF building
this road. So Attonc aud prevailing MAS this
opinion that il by no eArH certaln that tho poo
pie would not bave rancsioned tho action Of Cou-
cross had 1t charged thd Government ttself With
the disect execution Of the entctpriAe.
Besides. tbere MAS vast unpopuated
! territory lying heswcsu the Missouri sud sacra-
! mento 1hsora, practically worthless uhoat ths
facilities Afforded by lhilroad for the erAns-
} | portation OF persons and property. With IT'D
| construction the agricultural aud mineral re-
| SOURCES OF sl0 teTftOIy cQuiA DO ueFG!opc0e
aud settlements made shero settlements wsra
possible. Cheaper trsnnpo tat,on was needed
for mails aud supplies for tho army
.nd Indians; Tho bu''1lng is s q tae o;,t road
undertaking. It "as nothing TO the purposc tc
say the difficulties disappeared In great 1nea +
: ure after the trial. and TINT tue road was con
D structed at less cost OF time aud money than wes
j. from ths wisdom that comes after the fact. Til
project was I,ot conceived for private ends, Ant
tue prevalent onnion was that it could not bt
: worked out BY private capital alone: 1t WAS
national worl, originating IN natioual necessity
a and requiring nationa! assistance.
:. THE Foley or THE GOVERNMENT.
- 10 eay nothing Of the subsequent want Of power
;. A&ood iu the WAY Of tho Uuted Satea taxing tat
=: reaBoas Of economy suggested 1t was better Il
{. enlist private capital and Individual! entsrprse
Tfua Tue scheme contemplated profit 10 tndiyld
uxls, for without reasonable expectation Of tia
i | tim capital could not lave been obtained no
. tho requisite Axl and enterprise. But tho Gov
eru.uent sustained tho enterprise to advance III
own interests, and It cndeAsored to enlsst pri
vate capital as a neans Of securing tle building
,. ! OF the road to bc uHed for Governmental pur
1t poses. Whatever obligation. therefore. restot
u ou tho Company must depend on tho trun naAn
= ing OF tho e0aciment ltaei viewed in the light
:. oontomporaoeous history.
Tue Court coca On to ccnstrue tho acts lhcor
10 potaung tho COMPANY. Evon tho tlt!o 10 tht
q ] original act OF 1862, which seems to haYe besf
!
= national character Of tho work. The body ol
p tho sct contains the cspraseion that 's object
l. 10 promote tile public interests aud Nellare, and
n | 10 eccuro to the Government at all Times, oul
particularly in tiuaa OF var, tho lse and beneh
% Of tho same fot. postal, military. sud othel
l. purpoees. II This bill had been equal!.
~ explicit in relation to tho bonds, thorc Woult
l. have been no occasion for thIa suit but oYen II
10 that particular thoIo Ii 90 serious difficulty y
]. getting at tho true meaning Or Congress. !
proGeroa Inducements to build tue road 10 HI
= way Of 1Ands and iutnrest t-bearlnE bonds OF til
Il United States. There is no controversy Abou
% tho torrus ou which the lauds were granted. All
b. tile only point IN tho nature aud axtent OF til
:. obligations on the Company TO pay these bondt
~ TUE GOVERNMENT is TO 1E AK1HbuHsEp.
ss principal aud Interest," but rho precise queHtlo
10 | il whether the Company Is required - pay Ia
4, | iltefsst before tue maturity OF tho principa
10 Tho solution leponda upon tho nesn!o8 Of u
10 | SECTION Of the 4ct OF 1864. Tho manifest pu
I'd pse Of tho 9Th section OF ths act Of 1862 to tai
10 lieu Of tue property OF the Company for tho II
It. tiuato redemption Of the bonds, principal Al
intelrst but tue way and time Ard LIFT TO fusthe
to ! provisions. That tho Government waa expecGet
IL sno itst instance. to pay thu Interest il clos
st oaougt. for thu lnortgago was taken to seeu1
I'd the Repayment ot tho bonds, together sltA al s
II interest thereon paid by tho uoscrnmsnt. Who
ID repa,mans d spoken Of It u Understood tha
10 bs paid back. Had It been thu insr"tlon q
Cum xrass that tho corporation ts:lf hhpItsd ps
l. tbs inteseat vi the boads II It fell due' III
pi,sRHeoinKs appsopr.ato to sueh u pufpoa
would hare heun used, hut "teh and 10
oa | tho reimbursement uas to be made MAa
10 be III conformity With tho terms prescribed
uthar potslona Of the act. There Are thrt
things, And t4ree only, wt,iel! the corporation
no required to do conc sr1nk the bonda III constt
H. ! yersy; First, 10 {say aid bonds Ut maturity
| ! al