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

Citations

• 55 Ct. Cl. 506
• 53 Ct. Cl. 45

Syllabus

<p>Judgment was rendered in favor of the defendants in tbe court below. On appeal tbe judgment was affirmed, and tbe Supreme Court decided:</p> <p>A railroad company which contracted to carry the mail for a compensation fixed, pursuant to the act of May 27, 1908, c. 206, 35 Stat., 412, by test weighings made after withdrawing empty mail bags, has no ground to complain that they were withdrawn to diminish the compensation.</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Empty mail bags withdrawn from the mails, and which, with other articles of furniture and equipment, are, under the act of May 27, 1908, supra, required to be transmitted by freight or express, are property of the United States, within the free transportation provisions of the railroad land-grant acts of February 8, 1853, e. 59, sec. 4, 10 Stat., 155, and July 28, 1866, c. 300, sec. 1, 14 Stat., 338.</p> <p>The provision of the land-grant act of 1853, supra, sec. 13, 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, sec. 13, 19 Stat., 82, fixing the compensation in such cases at SO 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.</p> <p>The act of June 30, 1882, c. 254, 22 Stat., 120, directing payment on a 50 per cent basis for Army transportation by land-grant, railroads, is inapplicable to the present case.</p>