River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1875-11-05
The Government W. the Union Pa
ellie Railway.

ellie Halfway.
The appeal from the decision in the
Court OF Claims in the Union Pacific
railway case, came up for argument in
the United States Supreme Court on the
9th. The substantial question present.
ed by this case il whether by true con.
struction Of the Ict OF 1862, Incorporate
ing the Union Pacific railway company,
as amended by the act OF 1864, the
United States, whenever it pays intere t
upon the lands issued 10 aid intthe con-
stiuction Of the road, is entitled 10 en-
force immediate payment thereof from
the company by suit or otherwise, or
whether such reimbursement can be OBJ
tanned only by the application Of
one half the compensation due the
company for services rendered to the
government and five per cent. Of the net
earnings Of the road after its completion.
The company insists that the latter con.
slruction j. obvious and Just, and conse.
quently that it is entitled to recover the
amount herein claimed, and pnc.half the
sum due for compensation a. stated. The
government does not pretend, as asserted
by The company, that it may withhold
this half by force Of fanny author ty to that
effect expressed in the statutes, but sole
ly upon the ground that upon the pay.
ment OF the interest on the bonds il there
upon becomes to that extent crcdi or
Of the company, entitled to the immcdi.
ate reimbursement Of the SUN paid, re.
ceivable by suit or offset
7 he company contend that the frame
work 81 the charter, the declared nation.
al purposes it sets for.h the contract as
sumcd. the increase Of public aid prom
Used by the act Of 1864. when twas found
that the requisite capital could not be
obtained under the act Of 1862, all, it is
urged, concur to establish that the work
was deemed by the government Of
such paramount national importance
that only by narrow, Liberal and
strained construction can it now DC con
tended that any OF the government aid
offered, whether of bonds or land, should
be regarded as donations to the company
Plainly, it is said, they were not such
| but are to be viewed as reasonable nation
al contributions to aid in tn. construction
Of great national highway along ou'
iltDAi1 Nolhdiiis NOhHCNAuiN lut tiSt VIII
| the far west by telegraph and railway
IL is then contonded that by the provi
sions of the charter, which are examined
ut length, the company was not bound
either expressly or by implication, imme.
d;ately to reimburse the government foI
the interest it should pay upon the bonds,
nor until their maturity
The attorney gencrai%ubmits that the
plain meaning and intent prconercss, anpar
cnt from all the statutes when construed
together, is that the United States are
entitled, under the charter accepted by
the company, to retain the whole value
of the services rendered to the United
States toward the payment Of interest
advanced by the United States upon the
bonds loaned to the company. The At.
torncy General says that if the judgment
below in favor Of the company is sus-
tanned, two hundred M lion dollars will
be transferred to the stockholders OF
these roads II, says the Attorney Gen.
erql. this judgment be SUSTAINED, before a
single generation shall have passed the
government will have paid for the differ.
ent Pacific companies S3lS,Ulj.7l4 in in
tereSt alone; less only one.half the
charges for services, the other half being
paid by the government.