St. Louis, I.M. & Sou. Ry. Co. v. United States, 251 U.S. 198 (1920)

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St. Louis, Iron Mountain & Southern

Railway Company v. United States
No. 71

Argued November 12, 1919
Decided January 5, 1920
251 U.S. 198

APPEAL FROM THE COURT OF CLAIMS

Syllabus

A railroad company which contracted to carry the mail for a compensation 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.

Empty mail bags withdrawn from the mails, and which, with other articles of furniture and equipment, are, under the Act of May 27, 1908, supra, required to be transmitted by freight or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 9, 1853, c. 59, § 4, 10 Stat. 155, and July 28, 1866, c. 300, § 1, 14 Stat. 338. P. 206.

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 percent 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.

The Act of June 30, 1882, c. 254, 22 Stat. 120, directing payment on a 50 percent basis for army transportation by land grant railroads, is inapplicable to transportation of empty mail bags. P. 207.

53 Ct.Clms. 45 affirmed.

The case is stated in the opinion.