National Republican., 1883-05-11
THE PACIFIC RAILWAY CLAIMS.
Tho Attorney General Decides That the
DcciSion OF tho Supreme Court Hold
Good For All Similar Gases.

Tho Attorney General Decides That the
Decision OF tho Supreme Court Hold
Good For All Similar Coses.
The secretary of the treasury some time
since submitted to the attorney general for
an opinion an important question arising
under section $500 and 5,261, Of the revised
statutes, which relate to the payments duo
from tho government to subsidized rail
ways on account of freights and transpor-
tation.
Tho question came up on number Of
claims made by the Pacific railway compa-
mics for full compensation on account Of SER
vices rendered the government in the shape
Of transportation over those branches of the
Pacific railway system which had been ac-
quired by purchase. lease, or extension, but
which had been originally built without gov
ernment aid The claimants maintained that
for services rendered on such parts OF
branches of their roads, they were entitled to
full compensation, and that the law directing
tho secretary Of the treasury to withhold
part of the compensation, applied only to
earnings Of those portions of the roads which
had been actually constructed with the aid Of
government bonds.
To test the question the Union Pacific
company brought suit some time since in the
court of claims under the provisions Of Soc
tion 5261, Revised Statutes, ad n obtained
Judgment in its favor An appeal was taken
on the part of the United States, but subse-
quently, in view of decisions of the supreme
court, which were thought to be applicable
to the case, the appeal on motion of the
attorney general was dismissed. The ques-
tion was then raised by the Treasury depart
mont whether the decision of tho court of
claims was TO be taken as applicable to all
cases of the same kind which might there
after arise, or whether its operation was to be
limited to the particular case In which 1t was
rendered-in other words whether or not the
Pacific railway companies should be required
to bring suit in the court of claims every time
they rendered an account of this kind, re-
gardless of the fact that the question raised
by such account had been once juciaially
settled.
Upon this question, as presented by the
secretary Of the treasury, the solicitor general
has rendered and tho attorney general has
approved the following opinion:
"What the courts could do under the cir
cumstances was to ascertain the law arising
under such facts as might be submitted to
them for consideration. When that law
should be once ascertained IL would in the
usual course of things become the rule
for all such facts, whenever they might
arise-meaning by such facts facts Of
same. In ordinary ca.e litigants acquiesce
in one such solemn decision. In exceptional
cases, however, they litigate the question
again. But it is exceedingly improbable that
the legislature intended by the words of this
provision to convey doubt whether the
courts and the Treasury department respect
lively could in this matter sufficiently perform
their ordinary functions-the former in lay
ing down and the latter in applying work.
ing rule for the adjustment and satisfaction
of these accounts.
Upon the contrary, it is to be presumed that
they intended to direct litigation under the
ordinary conditions and with the ordinary re-
suits, SO that when the law should be made
plain by solemn Judgment, il should for all
facts identical in character become rule of
action for the United States to the same ex-
tent that it would have been for private
citizen.
If the secretary of tho treasury were dis
satisfied with the rule laid down by the court
upon one trial, he might no doubt have an
other case made up and reargued, but it is
not intended that money shall never be paid,
except the courts shall again have laid down
the law upon certain statements of facts
no matter how often they may have done SO
before.
Whether in a new case the circumstances
are essentially the same as in one already
satisfactorily determined will be for the Sec
reLify 10 say. II Nc nnu pIAD tncy are, ne
will proceed to execute the previous adjudi-
cation if he is not satisfied as to this, he
will bo governed by the direction in the statute
and require the matter to be determined.
1 therefore understand tho expression lis
directed to withhold all payments" in Sec
tion $3.50, to refer in the first place to the
payments due to such companies at the time
Of the passage of the act; but no doubt to in.
clude also equitably all payments thereafter
of like sort, the principles governing which
shall not previously have been astertained
by the court of claims or upon appeal by the
supreme court.
There is no change in the status of the con-
troversy between the Interior department
and the Union Pacific railway concerning the
amount of payments required under the met
earnings" clause of tho Thurman act.
Secretary Teller has the matter under con-
sideration and will confer with tho attorney
general before answering President Dillon's
last letter or taking any other action on the
subject. The government has no intention of
endeavoring to enjoin the payment of divi-
dends by the company pending final de-
termination of the question at issue.
Mexican Mining Claims.