New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-05-11
RAILROAD INTERESTS.
AND THE PACIFIC ROADS.
AN OPINION BY TIE soLICGToRGENrRAL OF THE
TREASURY DEPARTMENT.


AN OPINION BY TIE sOLICGTOR-GENfRAL OF THE
TREASURY DEPARTMENT.
WAsuIYGTON, d. c., May l0.-Thc Sccre-
tary OF the Treasury time since submitted to the
Attorney Gcneral for opinion an important question
arising uudcr sections 2GO and 5,2Gl OF the Revised
Statutes. which relate to the payments due from the
Government to subsidized railroads on account
Of freirhts ana transportation Tho question
came up on number OF cIalms
made by the Pacific Railroad companies for
fun compensation account of services renderedthe
Government in the shape Of transportation over those
branches of the Pacific Railroad system which had pech
acquired by purchase lease extension, but which had
bocu originally built without Government alL The
claimants maintained that for services rendered on such
parts branches Of their roads they were entitled to
full compensation aud tnat the law directing the secre
tary Of the Treasury withhold part Of the compen-
saton applied only earnings OF those portions Of tho
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 section 52Gl Revised statutes
and obtained Judgment IN its favor. An appeal was
taken the part of the United states but subsequently,
Of decisions OF the United states Supreme Court
which were thought be applicable to the case the
appeal. motion OF the Attorney was dls-
missed The question was then raised by the Treasury
Department whether the decision O tue Court oi Claims
Va 10 br k, IA appcl llc TO al. cases klud
winch might thereafter arise whether lis operation
was To De lmItr To the particular case III "hlch J was
rcndcrcd-,u other words, whether or no. the Pacific
Railroad companies should bc,rcquge; to bring suit in
the Court OF Claims every they render an account
OF tins Kind re- rIlc.s Of tae fact the question
raised oy such account had been one JudcIa " settled
Upon JuI, question as presented ~ the secretary {"
tue treasury the solcltOr.Grnrr has rendered, and
! the Attorney General has approved, the following opn
WHat The courts could do under the crcuSlAu' 'es
ascertain the law arising under sucn facts as
might be submitted to them tor considerations Nhrh
tha law should hc once asccrtllucb II would IN TIE
usual course OF tninSs become the rule Tor a. suGA !a
| whenever ll'F iul-.l dI''f u'iilI- ~ HiN ''''
facts Of the character, facts essentially the sahe
In ordinary cases nt!Eti- d' see ' one % %.u'.t .
dtc>lOu. In exceptional cas- T. however, lhrE ull-at'
tine question agau. BIt n IL exceedingly lm IoOiDl'
that ,lr Legislature intended nl tur ""rl> Oh I1 po
vision % cJ.ycy doubt whether the courts aud the
Treasury Department respectively could I'D TINS matter
ln uyus down and the latter in applying working rule
ortac adjustment and satisfaction o, these accounts.
they intended to direct h1gA'ion und,r
nary Results; - tat when the law should be
made plain Dy 4 solemn sucnt 10 should for all iac'@
United states to tine same extent tuat II would nav
o,cn for a private clLLcn -. . II me secretary W Wol
the Treasury di-s4used with tn rl lal down 10y
tur Cour, upon one tua he msat no douD., nave Hn-
otn.r case mtdr up and Ictrslcd, DHi DHi
except the courts snail again nave lad down the law Ia"
upol certain statement OF iacts-no matter now often
! t.cy may have dOao SO before
Whet4cr In a u,w case rue circums.an ccs are essen
ITALY the sane as li on already -I'9i ,y'"i5y "a &
they arr ne VIII proceed TO execute tie previous 1dulE
cation; ao is not satisfied a. 10 this he VIII be gov
matter ro br determined / therefore uuGcrstdnd INC
cxur-s,Ion cog directed 20 wltuaO1 uH payments '
DO section - l6O IN the ugsJ place q the pay
mrut due to such companies AT th" time Or me pA1dS
uI tAr a {, bur no doupt to include also equiduy al
ul,.uf, tarucJt ~ Ike sOrttuc principles govern
lu. Wucu snail not previously have been a,rcrdued by
tac Court OF Claims, or upon appeal by the supreme
| Court.
There Is chan in the status Of the con roycrsy be
tween tue Interior Department ami the UuOu Patluc
Railroad Comp Hy cOnCcIuln5 the amount ut pay heu's
required under the met earning clause OF tue thurman
|
secretary Teller has the matter Gnder consideration.
and VIII confer win the Auorncy-Gcncral before an
President DloI'9 last letter or taxing any oh't
action on the subject. me Government mas uo mention
%. ruJJu tue payment o. dElichds ny
mon 1 SIS