Legal Opinion

Chicago & Northwestern Railway Co. v. United States

Supreme Court of the United States

Decided March 18, 1882No. 508PublishedCited by 34 opinions

Appeal from the Court of Claims. The Chicago and Northwestern Railway Company owns and operates lines of railroad, of which parts were constructed by companies which severally received from the 'United States, to aid in their construction, grants of public landk, to which was attached this condition: “ The U nited States mail shall be transported over such roads, under the direction of the Post-Office Department, at such price as Congress may by law* direct: Provided, that,…

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Appeal from the Court of Claims. The Chicago and Northwestern Railway Company owns and operates lines of railroad, of which parts were constructed by companies which severally received from the 'United States, to aid in their construction, grants of public landk, to which was attached this condition: “ The U nited States mail shall be transported over such roads, under the direction of the Post-Office Department, at such price as Congress may by law* direct: Provided, that, until such price is fixed by law, the Postmaster-General shall have the power to determine the same.”- Act- of May 15,…

1Opinion of the CourtJustice Matthews

The power of Congress to direct by law the price at which the mail service here in question should be performed was expressly reserved as a condition of the land grants, which formed, in part, their motive and consideration. But when Congress authorized the Postmaster-General to fix the price by contract, within specified maximum rates, and for a period of four years, it was an agreement on the part of the .United States that the stipulated compensation should not be withheld during that period, which it could not refuse to perform with-' out a breach of the public faith. The contract was an…

2Cited by34 opinions

  1. Barden v. Northern Pacific RailroadSupreme Court of the United States · 1894
  2. Myerle v. United StatesUnited States Court of Claims · 1897
  3. State v. ElliottCourt of Appeals of Texas · 1919
  4. Deweese v. SmithCourt of Appeals for the Eighth Circuit · 1901
  5. St. Paul & Duluth Railroad v. United StatesSupreme Court of the United States · 1885

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