National Republican., 1882-12-21

menus, anu III was re1erreu 10 inc mouse cal
endar.
The house then Cat 1861 went into commit
tee of the whole (NIr. Reed in the chair on
THE PosToTFIcE APPROPRIATION BILL.
Mr.. Roheson continued his argument in
support of his pending amendment fixing the
compensation of the land grant and bond
subsidy railways for carrying the mails. The
amendment was objected to as being uncer-
tain, because il said 80 per cent. of the
amount now allowed to them by law" He
failed TO see the exact point of that objection.
Whatever was allowed to them was allowed
by law.
Mr.. Upson inquired what was now paid to
them.
Mr. Robson replied that the amount might
be uncertain but if it were it was because the
companies disputed the construction of the
law, which the executive department charged
with its construction had put upon it.
The Postoilice department allowed them
what it considered fair and reasonable COM
pensation, graduated and regulated by that
which was allowed to private parties but the
companies claimed that they were entitled to
full express rates. Ordinary roads, which had
never received any government aid, received
for carrying the mail when they carried more
than 5000 pounds, $40 cents per ton per
mile. He found that the subsidized roads re-
ceived various sums, none of them lower than
1t was ascertaincd by the figures that they
now received twice as much for carrying the
mails, rs did those roads which received
neither land grants nor bond subsidies The
indebtedness of the Union Pacific and Central
Pacific railways to the government was more
than $l06000,OO0 The question of reasonable
ness was a legislative and not q judicial ques-
tion.
Mr.. McLane inquired whether Mr.. Robeson
held that where statute provided that cor
poration should perform certain service at a
reasonable rate, that it rested with the gov
ernment, one party to the contract, to decide
what was reasonable.
Mr.. Robson, in reply, asserted that if a
railway was railway of the United States,
charged with public duties, and receiving
public benefit, the question of what was a
reasonable rate for performing those duties
was legislative and not a judicial question.
Mr.. McLane said that if the gentleman
claimed that where statute required service
to be performed at reasonable rate it rested
with the legislature to decide what was
reasonable, he was throwing himself in the
face of every tribunal in the country.
Mr. Robson contended that congress had
control over this question of compensation
and, if it was uncertain, congress might make
it certain by legislative enactment. The gov
ernment had given these railways millions in
public lands and S106,00O000 in money, and
now they said "If you do not pay us double
what you do other roads, we will not be able
to pay our debt" If that was the plea, the
government had better settle the qt,estion
and remit the debt but it was not true that
the proposed amendment would seriously
affect the sinking fund.
Mr.. Dunn offered and advocated an amend
ment which he offered TO Mr.. Robeson's amend
ment providing that the compensation to the
subsidized railways for carrying the mails,
shall be fixed by the postmaster general at a
rate not exceeding that fixed by him or
allowed by law to other railway companies to
which the United States have furnished aid
by grants of land, right of way or otherwise,
on condition that the mails should be trans
ported over their roads at such price as con-
gress shall by law direct.
Mr.. McLane argued that Mr.. Robeson's
amendment undertook to say that the COM
pensation to these roads should be one-half of
what it is now, whereas the contract was that
it should be q reasonable compensation and
the law said that the judiciary should decide
what was reasonable. Such an action would
be reputation of the contract.
Mr.. Caswell adhered to his opinion that
when the contract embodied in the original
charter, was executed and the rights of the
companies had become vested, congress could
not reduce the compensation allowed under
that contract without reputation.
Mr.. Hooker opposed Mr.. Robeson's amend
ment. 1t was true that the government had
given to the Union and Central Pacific roads
immense estates, but the government had inn
mense estates to give. The grant was prob
ably too great but would it be taken back
now? The United States had given literally
but these railways had turned deserts into a
hospitable country, and had acquired vested
rights. p
Mr.. Hiscock was advocating the amend.
ment when he was interrupted by Mr.. Gas.
well with the inquiry how the amendment
would settle the question of compensation.
Mr.. Robinson of Massachusetts. 1t takes an
uncertainty, divides it in half, and makes q
certainty Of it.
Mr.. Robson. We say that they will have
one-half of what they now receive.
Mr. Robson then said that as there seemed
to be a bubble over his amendment he would
accept the amendment of the gentleman from
Arkansas If the defenders of these roads did
not wish to take one side of the sword lei
them take the other.
Mr. Robinson, of Massachusetts, protested
somewhat Indignantly against the gentleman
from New Jersey making such remark.
Mr. Mills advocated the passage of II Law
which would compel these corporations to pay
into the sinking fund more than they were
now required to do Congress should compe
them to pay so per cent. of their net earning
and 80 per cent. of the profits of their land
into that fund.
Mr. Reagan took a similar position.
Mr. Robeson's amendment, rs modified by
his acceptance of Mr.. Dunn's amendment
was adopted-6i yeas to 90 nays.
Mr.. Hewitt raised the point of "nt
quorum" but withdrew it upon the con
dition that there should be yea and nay vot,
in the house.
The question then recurred on Mr.. Hol
mans amendment which fixes the cOmpensa
tion for carrying mails by land grant rail
ways, which have received over 5000 acre
per mile at so per cent. of the rate allowed tt
other railways.
Mr.. Hewitt offered as a substitute for Mr.
Robeson's adopted amendment the following
The secretary of the treasury Is hereby directed
to report to congress plan by which the sinkinG
fund created by the act of May T. 1878, shall bC
enlarged by additiopal payments to be made
thereto by the companies affected by the said act
so that the debt which will be due to the United
States for the principal aud interest of the bonds
advanced to the said companies shall be surely
paid at the maturity thereof, or at the expiration
of any extension thereof which the secretary o
the treasury shall deem necessary TO be made IL
order that the annual contributions to the sink.
ing fund shall be within the ability of the sait
companies to make, and that the debt may be
discharged with ease and certainty,
Mr.. HOlman's amendment was lOst-yeas
Al, nays Is.
Mr. Hewitt's substitute was ruled out on {
point of order.
On motion of Mr.. Mills, an amendment wa!
adopted directing the postmaster general t
make thorough investigation into the rail
way mail service of the United States and {,
report to the next session of congress what il
the reasonable value of the transportation o.
the mails, and what difference there is be
tween the cost of the transportation of freight
for private parties and the cost of the trans
portatiOn of the mails.
The pDmmittpp fhpn rOsa and rpnnrtn1 tI,