New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-03-21

wish 20 take the time or my colleague IL IL is Disagree
Mr. Matthews-On the contrary. the interruption is
quite agreeable for gives ne an opportunity OF repos
Mr Thurman--Tbe history OF this business e this ::
The Attorney General, Mr. Aekerman, Unlisted that the
Government had light to retain the haftansporta-
ton account, other Than that half Transportation ae-
offset against the amount of interest which the Gov
eminent paid for t1ese companies seminnually They
money might be paid to them, denying opinion OF
the Attorney General The Judiciary Camintee of the
sdered that question; aud The Judiciary COMMITTEE OF
pde senate with but one eseIhs voice hea 5hat
amended by the Act Of 1884 he Government was bound
and that the Government could not retain It as an oset
against the interest paid by the Government.
| The House Committee ON the Judiciary made similar
report aud the consequence that the Act Of 1871
was passed directing that INSTRUMENTATION account to
he pad TO the companies sone dissatisfaction arose.
dS Of escs in fact n.y. My then sS
Dated the conclusion at which these tws Judiciary
Committee OF the Senate also drsented from that op
lou There WAS dissent in the Hou.s The re.ult WAS
Acts Of 1862 aad 1864 had been interpreted correctly
the Act Of 1873 was introduced and passed; and the
gress that order make case the Secretary Of the
Treasury should withhold this money; the companies
corng to the Acts OF 1867 and 1864 and II decided
that under those acts the Government had no right To
withhold this then would IN paid There never
was tie slightest idea that the Act of 1873 was an cxer
aud the Supreme Court expressly decided in this very
Mr.. Hoar-win the Senator from Ohio read the last
seltenccls
Mr.. TlIrman-The Court says:
Another act was passed by virtue which ns
so s s ~ y & that ms s E
provisions have discussed But manesty its purpose was
very different.
That is. 1t ia not intended a. a repeal.
Although directs the Secretary Of the Treasury 10 with
hold all payments to The companies account ~ frees and
Transportation It, at the same TINE authorizes any comany
thus ae,td 10 bring suit IN the Court OF taims tor suo
such company 10 recover law
shall be determined and Also the rights of the United states
thereto them This means nothing Of less tlan he
eompany and others similarly siiaaie have the hight 10 re-
merits.
That u.s. Il "a to be determined upon the law as it stood
before that &c, WAS passed
SUPREME COURT DECISION.
Mr.. Matthews-Mr. President, l not at all re-
sponsble for the private reasons or the assigned reason.
which actuscd any member of Congress at time in
voting for the Act Of March .. 1873 Neither ~as IN
mindful oi the terms in which the supreme Court ~ the
United states in The opinion have referred to- disposed
oi The argument raised by the Attorn.y1enerai upon
that statute, for read the whole Of wHat was said ny
the Court upon that point. What assert. what
maintain, what nsist upon. that II the reason OF
the Senator from Oo, my distinguished colleague and
OF the distinguished -cnstor from Illinois tMr. DAVIS
IN support Of the bi from the Judiciary Committec u
right then the necessary implication from this decision
OF the supreme Court makes IL an adverse authority
against them, for whatever the uneXpFessed aud
unassigned isses OI ConGress. here wax an act oi
Congress which vas law, and II I Was legitimate
OF The legislative power whatever II expressly
authorized was legal and not iesal Can that propose
ton De dCbied Ihc supreme Court ~ the nlic states
soieinny aud not Inadvertently decided two pr"pOsE
tluns ihat the money did belong To the cor
pogat0n ana that il not Lawful Tor the secretary Of
The Treasury to withhold It. Hnw could tLey decide
Congress 10 make II lawful for tno secretary vi the
/, is essential Iratory law that II -Goud
express that II l. by way 81 amendment. In case
the o tie state Of OHIO on the relation u" some
one aginsi tue Cincinnati Ga-lght and t0He Company
lllI la Ilr fTtFN faf ks
Reports there was special cnarier granted years and
years to that corporation WAN tl, rrnsc giving TO
the Legislature al ONO The rg 10 alter. amend O. tt-
peal subsequently general act WAS passed, Not icer-
ring tLi- CHARTER ~ al but con eriius ul.n nucipa
authorities Waith gIsight ana coke cpnpaich Wcic
existence tae risat 10 regulate the price o. gas IL Mas
be construed amendment 10 the cnartr that 10
nevertheless UpcTatca 10 have thni 'ec 30 Acre"ue oi
If tni- statute Of March 3 SO either Congrtss Intended
change ths Of the Agt- o. 1862 ANA l-d4, ~ else
nnd II tcy mad power alter. amend repeal. then
tney had power to pot an interpretation ara oonsirne
81 that the ratio decdendt OF ,ns ease sts
necessarily uIou the postui1' That ~ the lJriel.ar
named 10 WIZ thc c0hi"fiE upon 'hr St'4SS OF ts
treasury toe authority and Eat 90 Withhold tIr moneys
~ ST. aud COL, unlawful exercise u author
ny what ,Lo IN watch this pos er "a reseived
Ia which Ao rescr' ttIuu occurs provinces az follows;
A he estisr g assaAh liz OBJECT Of i a. n@sy
81 'ad laiaui AMI ieesisPh ine and Atepns t'o "s IN
,ut rat,uafly time the and Den-is Of Tie
o-fs. s~Ty aal otaer plpo-cH Consr,,s Lay -
named herein, aitcr aiaend repeal This act
II Is sYld t1t all those words that hong sentence
except uull five are without meaning, are tmit
and void; that 10 a. II thry wesr not AMI had not been
nrcd That ihr' M suTp'u7at.' N'iuasc P"!u,rl.,',
without legal sguincarc, operating Hrurr restraint.
conditions and yet ~ Tie same heath u j. argued
That the nsand words used The Act OF lsGl enlarged
the power The twenN-~eooEi sctLOn, beng the Anal
section Of The Aci 81 Isos, ~:
Congc-s nay lime alter amend OF r'vea this
Mr. President respectfully submit that acc"ldins to
the plain obviuG., ma popular mcanins :. ilr" SFmt
used in tho eshtcenh section ~ th Act "t i7"& ii
nOt contemplated b. Congress Ia give NOTICE 10 lie
private pcrsons wo we're expected to invest cat- IA
TINS enterprise that iHeN td whatever tIfy c!o,e 10 Va
west III II - she caprice o ANY iutiro Na,l"htI Il s'"
tUrr, bu II vac simply intended 4" ."y th't III tov
cry and all tbc money put INTO u man Dc dedicated !oi-
To tie uscs and purposes named III W. statc ana
that lOue thry were held faithfully 10 tnose nst.
IA long as thrJ were sueerNitD ueNo''u 10 n'se Pni
poses, Congc>s would do nothing t. impair tho invest
10 lis aIue weaLcn 1t de to lie uiie snd tH.t
else 10 might do 10 improve H. to oniArgc IT, TO
increase H. 10 rcBdcr1 more valuable -nd cHee'iNe' II
cryiiOn Of TIC investment for tie Irc-i public PURPOSES
which IL created Iuai III all II shOnd attempt IL
would disregard tLf ilght even al Tie corporations
As sratcd by the siprenc Court in the decision in
OTTO aud as repeated Oy t5c learned senator from lila
other day IL found that even tae liberal pro-
yisuls the ,G2 found not To uc SUFFICIENT
A. much as Congress done, and - mich ~ Con-
grcfs had promised To do under that statute st they
lad neither done nor promised enough. and At
of eCl WITS passed releasing gI.s OF the Government,
"a eenci unler the ls62 aud .uarging tne priv
mat lie twenty section the Act " 1851, which
the naked reservation Of The right o. a,ci"ton
- repeal To bc construed III conjunction
WITH and not separately from, similar reservation" OF
OF ST., the two statutes M IA pUrt
relating 10 he subject, mus. u. construed
they ihc act iHat brins go, TIE eject
necessarily attach tie naked power IA TIE TWEEN
-accund section TIE Act III 1861 the CONDITIONS ana
iiicaiiuis the eighteenth section OF the Act OF
1862 hJ that bringing fhrm together IN iic
same company. the statute De'u. powers % INC
same KIND, the description OF that power which ~ con
tanned Origin made 90 Apply 10 tISt power
wncn Is more sunnar.y described III tue set Of lrOt,
only 10 amend II. LJoh ~ the provisions % Tie
act look at Of the statute ana ct IT. 80 WAL
e mind of ordinary comprehension MOG.d Or Inc IFc-
.stll,t meaning. II 10 argued ~ II
nm. conferred Congress. the absolute power To