Yazoo & Mississippi Valley Railroad v. United States

Court of Claims

Yazoo & Mississippi Valley Railroad v. United States

50 Ct. Cl. 15, 1914 U.S. Ct. Cl. LEXIS 17

CourtUnited States Court of Claims

DecidedDecember 7, 1914

Docket[No. 31134

StatusPublished

Cited by2 cases

This text of 50 Ct. Cl. 15 (Yazoo & Mississippi Valley Railroad v. United States) is published on Counsel Stack Legal Research, covering United States Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Yazoo & Mississippi Valley Railroad v. United States, 50 Ct. Cl. 15, 1914 U.S. Ct. Cl. LEXIS 17 (cc 1914).

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Opinion

Campbell, Chief Justice,

delivered the opinion of the court:

This case is controlled by the same principles which govern the Chicago & Alton case.

The claimant contends that it is not bound by the terms of the “ distance circular ” sent out by the Postmaster General. It hence follows that any right of recovery rests either upon the ground that the law fixes the compensation to which it is entitled for carrying the mails or upon the ground that it is entitled to reasonable compensation for the services rendered in said matter. We may dismiss the last suggestion because, aside from any other consideration, the record does not disclose evidence upon which the court could proceed in that regard. We do not think that the statute fixed a rate of compensation absolutely; but, on the contrary, we think the statute directed a method of ascertaining the average weight of mail carried and prescribed a maximum price which the Postmaster General was authorized to pay [16]*16for the carriage of the average weights of mails ascertained according to the provisions of the statute. The Postmaster General could pay less, but not more, than the maximum fixed by law. The railroad company could refuse to agree to the Postmaster General’s proposals, but a mere protest was not sufficient.

The petition will be dismissed.

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Campbell, Chief Justice,

delivered the opinion of the court:

This case is controlled by the same principles which govern the Chicago & Alton case.

The claimant contends that it is not bound by the terms of the “ distance circular ” sent out by the Postmaster General. It hence follows that any right of recovery rests either upon the ground that the law fixes the compensation to which it is entitled for carrying the mails or upon the ground that it is entitled to reasonable compensation for the services rendered in said matter. We may dismiss the last suggestion because, aside from any other consideration, the record does not disclose evidence upon which the court could proceed in that regard. We do not think that the statute fixed a rate of compensation absolutely; but, on the contrary, we think the statute directed a method of ascertaining the average weight of mail carried and prescribed a maximum price which the Postmaster General was authorized to pay [16]*16for the carriage of the average weights of mails ascertained according to the provisions of the statute. The Postmaster General could pay less, but not more, than the maximum fixed by law. The railroad company could refuse to agree to the Postmaster General’s proposals, but a mere protest was not sufficient.

The petition will be dismissed.

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Bluebook (online)

50 Ct. Cl. 15, 1914 U.S. Ct. Cl. LEXIS 17, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yazoo-mississippi-valley-railroad-v-united-states-cc-1914.

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