St. Louis, Iron Mountain & Southern Railway Co. v. United States

Citations

• 251 U.S. 198
• 40 S. Ct. 120
• 64 L. Ed. 225
• 1920 U.S. LEXIS 1727

Syllabus

<p>A railroad'company whioh contracted to carry .the mail for a com-. ’. pensatioh fixed by test weighings made after withdrawing empty mail bags, as directed by the Act of .May 27, 1908, c. 206, 35 Stat. 412, is not. injured by-such withdrawal although its purpose was to diminish the pay for mail carriage. P. 205.</p> <p>Empty mail bags withdrawn from the mails, and which, with other • articles of furniture and equipment, are, under the Act of May 27, 1908, supra, required tó be transmitted by freight or express, are ■ • “property 6f the-United States,” within the free transportation provisions of the railroad land-grant Acts of February 9, 1853, c. 59, § 4,10 Stat: 155, and July. 28,1866, c. 300, § 1,14 Stat. 338. P.' 206..</p> <p>The ■ provision of the land-grant‘Act of 1853, supra, §6, requiring transportation of the mail over claimant’s land-aided road at such price as Congress may by law direct, and that of the Act of July 12, 1876, c. 179, § 13, 19 Stat. 82, fixing the compensation in such cases at 80 per cent, of that generally allowed, do not embrace, as part .of the mail, empty, mail bags which by the Act of May 27, 1908, are classified with other property of the United States for transportation by freight or express. Id.</p> <p>The Act of June 30,1882, e.,254, 22 Stat. 120, directing payment on a 50 per cent, basis for army transportation by land-grant railroads, is inapplicable to transportation of empty mail bags. P. 207.</p> <p>53 Ct. Clms. 45, affirmed.</p>