New-York tribune., 1876-06-05

the of interest at least will have been pao oot o
the Treasury OF the United States in behalf OF the
o"hip''ni''' prnciral PRINCIPAL and
Cop,narf,s OF bonds. Interest interest.
Se1lrS ss n rssns St,So s5ol4osa4 s7o'5aos
ss@ 5sSsSGs f3S5 f2993 10 f. 2osSaSs 3
s5ss and fa: sI s9s sss go 5S 5Ss9s tsaS3
i.b235I2 siIG.822. 81 s!sO.9!5.ss3
Only two sources Of remDurse by the conlaniss
TO the United states provided IN the acls OF ls02 and
1864. Tho first ID as lo!o"s III Se'uon Inc -ic' ="
Al compensation sericcs rndered for the oysramsn
g.. whole amount Is iuiiy pail. .
S.,.,Iun ) OF tne act 6f IoG4 provides thPt-
tho Government by sid eoinIles shall m E9 ar itIs mo- no t Of
in AID Of lie coIslTD c,ion Oi stld rOlas ID, - ,,
T-c ecOud source Of rrlmhi.rstmE prOVlded ny thr
sixth section OF the aet OF 1862 IL as follows:
After said road is oaml'd until SAID noi as aSu ,trs s
shall aiso annually apl He'd 10 to payment thtieO
MR.. BoUTwELLs BIT NiIoN OF EARNINGS.
From this second OF reimbursement nothing mas
yet realized to tho Government for reasons wnirh
WIZ be- hereinatc alluded to. Tie two of rein
buIsem above stated not proving sufficient TO refina
the Government the amounts paid by it from year To
wear for terest on bonds issued in aid Of tho con-
sirur0n the roads, the SECRETARY "f te Treasury Ont
Iv II lt inrg in Tie Trt asuly tie Otner bali of the
transportation earnings wbicn lad previously be paid
To- Tho conn ane. In money and ~ letters Of OCT ahl
Nov % 1870 submitted te qu, Ston oi his riS-t 10 80
retain tine to the Attorney GcntrI tNT Ahei-
mail who, Oh tie l5,h UI December, 1870, Eaie MS
DInon: l. Tlat the Government might lawfully elaiin
from the companies tf amount oL interest pad ~
hurh interest Was paid by the Government @uu
Tnat tie Government mlett retain Tue ete aiuolnt "
conpcnsa ion 70, services rendered Dy tho coma
applying the same Ia the HltricSt ptu ~ I.c
States ,AiCss such interest should have been fcId ny
On tle rendition of this opinion the Secretary OF
the eastry, I2ih O Jtnuaiy' 's|I ulteete1 me
whole amount Of the cann 81 te eohnano ior SIr h
wees performed Tor the lnuct ottt' 20 ~ ~; ~ ~
tc yorumcnt to set on the amount Oi interest pdld o9
Ts acon 81 ihc Secretary Of The Treasury being con
sderud by COngi,s, made tht subject Ci port
Feb. -, 1871 (XList Coug - Srso.. huI; DOL Nhu
utrG !At tnc lutUIc-t pdd ~ Tue Ci''oH 'th's
Was not rrih.bdisallc mill the maturity oi TIE bmds
and ihat me r'lchuoh "l ay nore ta, % y, M ,s"v ~
TRANSFORMATION moneys JY TO Secretary o. lh' ttsu,
Was gal. InuicupUu Congress cnnceu, dast s. Io'l
t.ectou % the 4 ny Appropriation ucD .hl, in 40
dance With the Atn s-ctOn ~ tlr act o. lSOl th-
in muuey the Pacific la.lroad COmWn.ts IN n.ioied
IN said act, an performing services lJr thr Ch rt,'t
las ius such service, heretofore or hereafter rnileh
Ia accordance witH ts ac' uf March J 1871, tho p"y
tIr .o.upIl.r, " v' rr,uu'di b-i oh Gus - hy o.
Nlfcn, ls1l, C'uaress recons drrei the eA.gec ana
ast % tHc srcrgtIy " u!e 1easIry 70 wit-lUaR 81
ransporlat on pa- mons - any "a" 20 ~ 'omiTny 20 te
.. icr rsf CT rt etriigs withheld; - t.t ans
., o. tnlIy u hi bIiu- sult "a Lo Cutri ui Caids;
and go and sapscuio Court sioni1 si.e tie
r.,-, nrccci u.o o. 90! ot a. business IN uisn nee
aci. a pas ment of transportation hoi co ihe
companies Was aga stopgcd, and suits wott ulVUsAslA
Tie Count VI ,aiY.s by tlc various companies
DECISIONS or THE COURTS.
The srit Of tho Union PaciAc Railroad Company was
commenced iu July ie7, and WIS decided by t-c C1u1
az Clnus in favor of tie Company ald Judgment rem
dored for Jl2 G32 90 being the t'li Of tue tH,porta
lion moneys unpaid the commencement Of the suit
and appeal tO the snemc Court OF tao United sttes
this iudemcut was ou c Goth day OF November 1875,
uuammGsly affirmed Tie amount Lu"evD, u's mo-
been paid. lui awaits igttt legal decision s - hos
much j. dGu 10 the UucG states On account oI pei
fc,c decision. 0f tho Court Of Claims and OF the 81
prriuc Court plainly affirm tat, in te lsrn 0i express
provisions 10 tun, ,itot ihe Hi5 oI $50 ana Io ere
Ht"d current obligation on tie part o the comp MES
to romnurc tie Unei nales tue interest pald on the
bonds is,leL ia All o 90 eouph's uh,il ma1llhy 81
the bonds. aud That lrlUg 90 sucI maturity The only
sources ut reimbursement, urc the le cuuou oi hi tie
i.p1rt,tun money and thc application or D per cen;
IN c,nstnt &c net Of 1873 this rasc tho Court saw
u c"n nd'i that t' u. 5'r gi u' ',' . p taa'
And .r' ic't te direction 10 the Secretary 81 tho
Treasury To wituuoid al payments TO tie lEnics
aud The authority 10 ,"O to sac IA Ae Court oi Nihs
means noans moro nor loss than the Te'asoa tr the
lnti.! rll 'S ~ ine ci'i' 'o ~ P P p ,i,t =, We rs
coS,r irul tho Governments onehaii "i what - a'd py
f eject Of ,1 charter ortetlus II hardly ucsasslry
rlit il were tie intention regea the prO'lsioD Gu
c ,icc, oI Inis u,r.on II .. deprive the Government
Df tb4tlNl>f t'4tIl iioi tdusc
iucns prior to s5s tia. at that date The INT dne
from tIc companies the Government viii be the rne
ial sans specHod te first pgc oi this icp0r and
tdr mpe Interest thereon IS gwen IN tat tdJe, nom
which viii te deducted only such rclubarscmens Hs
have ,isen from the ha,f OF the transportation moneys
ami per cent OF the ne, earnings.
THE GONERNMENr SUITS.
O the 22d day OF Jane. 1874 Congress also passed
act directing the Secretary OF the Treasury % require
pay men, Of hc railroad companies OF al OF money
.tu,t tle p
provided by the Of 1862 ana IN OF refusal to
certify The same 10 the Att0ncy-Gcncra, who should
thcicupou institute the necessary sails TO cnoct suth
amounts ia ihr proncr courts Of tine United STATES iE
accordance with these acS, demands were made at the
dates aud for tuc amounts named below upon the various
cOnpabys and suits were duy brought IN the United
states Circuit Court Tor failure 10 pay ds follows:
MIME or C,,nony denia1Gci Date OF suit br,asaL
Unon Pacific airoldslOiooj6 ~ March ~. 1873 Hiss
Cyu.rsI Branch Cnioi .-,o7 90 ,r,, q ,s7, ,,,o...
Kansas as' s o 80 10 AAP APpn 1873 S5 kansas klIsas
cs%tn Cent? R a5 r,no 855oo5 Is &4pH & & sS s tsT G
Various doubtful questions raised in tacso SUITS
THO Government contends % that the roads con
plecu 80 that oob!EaUon to comnencr paying te h'o
per coat arose when tEe rails wolo compct laid and
at thr IN per cent of net earnls s to De achca ng
taking the receipts ana deducng thercirom only
tue oieH'hS expenses, but not any h''eS' on to M
dcbiednCss OF the companies
Tie companies conro,ert the principles of this caim
and assert % that the roads were not ohpl,tcd Wnn
e hallhE % tLe icls Wbch ,hSy Nero uls' oelu LOT
travel that tie Executive and Congress, tne act OF
Auii ~, ANDb fttoAllLtl uNtlilNh toaN 10
licOmle,e altho13h open lOl ua'S anu lttSd ur
thur tXpgn htures large amount To Oe made thereon
before nnal acceptance aud delayed the declaration
final cOl etOn anti the report or cunln5s,n showing
thnt tho expenditures hau been made ana tie al
petcd October lS1l from which date only, il all
UDlIAaiUn pay i've p,r cent Oi the net earnings coin
menccd and also 2l tnat under the rrccGt Gecs.
John The Ere hallway Co.. & Wallace, lNnet
earnings t0 be construed To mean only what Is left OF
tho gross receipts after paying only operating
penses but also the interest Oh all outstanding ieb
edncss
These difficult questions are not only raised ia the
sulis Of the United States brought In the diereEI
cut courts above mentioned, bt also Raised In ldd
tOna suits for ball transportation moneys brought by