Legal Opinion

United States v. Atchison, Topeka & Santa Fe Railway Co.

Supreme Court of the United States

Decided April 14, 1919No. 201PublishedCited by 13 opinions

APPEAL FROM THE COURT OF CLAIMS. The case is stated in the opinion. invoked the legislative history of the act to prove that an extra allowance of full 5 per cent, was intended, without giving any discretion to the Postmaster General to fix a smaller amount. This was so plain, especially if the act be taken as a whole and with others in pari materia, that it ought even to prevail against the letter of the enactment.

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APPEAL FROM THE COURT OF CLAIMS. The case is stated in the opinion. invoked the legislative history of the act to prove that an extra allowance of full 5 per cent, was intended, without giving any discretion to the Postmaster General to fix a smaller amount. This was so plain, especially if the act be taken as a whole and with others in pari materia, that it ought even to prevail against the letter of the enactment. (1) Blake v. National Banks, 23 Wall. 307; Lapina v. Williams, 232 TJ. S. 78; (2) United States v. Freeman, 3 How. 556; Brown v. Duchesne, 19 How. 183; (3) Hawaii v. Mankichi, 190…

1Opinion of the Court

Memorandum opinion by

Me. Justice McReynolds.

During 1910 and 1911 the appellee railway company entered into customary arrangements with the Post Office Department to cany mail over a number of routes for quadrennial terms ending June 30, 1914, and 1915, com pensation to be based upon ascertained weights. While these were in force, by Act of August 24, 1912, c. 389, 37 Stat. 557, Congress directed establishment of the parcel post service without providing for any additional compensation oh account of the large increase in weights which would surely follow.

The Postmaster General called attention…

2Cited by13 opinions

  1. Dismuke v. United StatesSupreme Court of the United States · 1936
  2. Williamsport Wire Rope Co. v. United StatesSupreme Court of the United States · 1928
  3. Finance & Guaranty Co. v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1931
  4. State Ex Rel. Murane v. JackWyoming Supreme Court · 1937
  5. Kelleher v. FrenchDistrict Court, W.D. Virginia · 1927

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