Legal Opinion

Union Pacific Railroad v. United States

Supreme Court of the United States

Decided October 15, 1878PublishedCited by 160 opinions

Appeal from the Court of Claims. Appeal from-the Circuit Court of the United States for the District of California. The Union Pacific Railroad Company filed its petition in the Court of Claims against the United States.

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Appeal from the Court of Claims. Appeal from-the Circuit Court of the United States for the District of California. The Union Pacific Railroad Company filed its petition in the Court of Claims against the United States. The court found the following facts: — 1. That during the month of July, 1878, the claimant, at the request of the defendant, transported troops of the United States over the claimant’s road, as averred in the petition. 2. That the amount and value of said service so rendered by the claimant for the defendant, as stated in proposition first, was and is the sum of $10,451.73,…

1Opinion of the CourtChief Justice Waite

The single question presented by the case of the Union Pacific Railroad Company is as to the constitutionality of that part of the act of May 7, 1878, which establishes in the treasury of the United States a sinking-fund. The validity of the rest of the act is not necessarily involved.

It is our duty, when required in the regular course of judicial proceedings, to declare an act of Congress void if not within the legislative power of the United States; but this declaration should never be made except in' a clear case. Every possible presumption is in favor of the validity of a statute, and…

2Cases cited4 opinions

  1. United States v. Union Pacific RailroadSupreme Court of the United States · 1875
  2. Chicago, Burlington, & Quincy Railroad v. IowaSupreme Court of the United States · 1877
  3. United States v. Union Pacific R. Co.Supreme Court of the United States · 1879
  4. Railroad Co. v. MaineSupreme Court of the United States · 1878

3Cited by160 opinions

  1. Eisner v. MacOmberSupreme Court of the United States · 1920
  2. Sinking-Fund CasesSupreme Court of the United States · 1879
  3. Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
  4. United States v. Westlands Water DistrictDistrict Court, E.D. California · 2001
  5. People v. . BuddNew York Court of Appeals · 1889

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