The semi-weekly miner. [volume] (Butte, Mont.) 1882-1886, 1883-05-05

account as stated in your letters are
brought. The Thurman act pre-
| scribes no rates for postal services,
but leaves compensation therefor to
be governed by the original char
ter. 1t prescribes by the fourth c
ton that there shall be carried
to the credit of the sinking fund
therein provided for OF the first dav
of February of each year, one-half of
the compensation for 8 rvices in
Guiding postal services for the gov
ernrnel,t does not apply under section
secard N the liquidation of interest,
aud in additiou thereto there is tn / e
paid INFO the treasury to the credit
Of ihe sinking fund $3.50, 600, or as
much thereof rs shall be Necessary to
pay the five Pr cent. net earnings
of its road payable to the United
States under the said act
of '62, and the whole sum used by it
$ compensation 'or services ordered
for the United States, together with
the suIn by this section required to
be paid, amounting IN the aggregate
10 twenty-five per cent of the whole
earnings of The said railroad cnmpa-
ny for the year ending the 31sl Of
December next preceding. Now, il !
Is shown that to dt ternline what will
constitute twenty-five per Cent of the
net earnings, the amount due for pos
tai services, must Ue learned and the
question " here stated Is pending
Tor judicial determination. AS to
the rates which will constitute rea-
sOnab!e compensation, any claim Of
the government for immediate pay
ment, under the buriuan act, must
be based upon conjecture or upon the
rate OF allowance for postal services
fixed by the p~OstOtfice department..
which the Supreme Court has reject
ed, or upon the allowance for service
at express rates, as claimed by the
Adopting the r.tts thus
claimed by the Company, the direc-
tors have caused an account to be
-tated for the entire period after the
Thurman act took effect down to
Dec. 81 1882, the period at which
the account as transmitted by yon
ends, which account they will fur
nish you if desired. The account
shows that the whole amount due for
postal services during the period, and
upon the principles above stated,
$4,65O,O27. Deuucting from
amount for postal SER
vices as fixed by The Department
under the rules applicable to all other
roads, 81 ,9l1, 1888 leaves the sum in
dispute between the Company and
The Government for this period 81
73S,889. 1t is to be noted that your
'ccOunt does not credit $69, 1893 paid
n by the Company in July, 81, and
referred in your letter. The sum
stated above ($2, 7SS, 1897, it will
be seen is far in excess of
he balance due the Government as
'tated in your letter without
akiDg into account the 1928, 800 due
he comEany for postal services prior
o the Thurman act, as stated above.
t seems hardly reasonable to require
he company, under the circum-
tances, to pay the balance thus
claimed by you until the question in
controversy can be judiciaily settled.
n submitting this, their view, the
directors ask that any error in prin-
;ipal or detail, if such be found, may !
'e pointed out by you, and the same
will receive their respectful consider
,tion. (Signed) DILLON.
The above letter has been referred !
0 the Commissioner of Railroads.