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CHICAGO, ST. PAUL, M. & O. RY. CO. V. UNITED STATES, 217 U. S. 180 (1910)

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U.S. Supreme Court

Chicago, St. Paul, M. & O. Ry. Co. v. United States, 217 U.S. 180 (1910)

Chicago, St. Paul, Minneapolis & Omaha

Railway Company v. United States

No. 133

Argued March 9, 10, 1910

Decided April 4, 1910

217 U.S. 180


The Acts of May 15, 1856, c. 28, 11 Stat. 9; March 3, 1857, c. 99, 11 Stat. 195, and § 13 of the Act of July 12, 1876, c. 179, 19 Stat. 78, providing that mails should be transported over railroads constructed in whole or in part by aid of land grants at eighty percent of the authorized price, apply to such transportation by companies which carry the mail over a leased line which was partly constructed by such aid, although the transporting company itself received no land grant aid from the government.

A court does not overlook contentions advanced which are necessarily untrue if the proposition upon which its decision rests is true. The statement of such proposition answers opposing contentions.

The reduction in mail service which the government exacts in return for land grants for building railroads attaches to all tracks including those subsequently built, and to all companies operating thereover.

43 Ct.Cl. 595 affirmed; 41 Ct.Cl. 518 approved.

The facts, which involve the amount of compensation due for transportation of mail by a railroad company over a railroad constructed in part by grant of land from the Government, are stated in the opinion.

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