Page:United States Statutes at Large Volume 44 Part 1.djvu/1460

 § 87 ’ rzzmm 45.- npon bonds of the United States issued to_any.such company, and which shall not have been reimbursed, together with the 5 percentum ot net earnings due and unapplied, as provided by law. (R. S.- 5.5260.) · 87. Companies may sue in Court of Claims.;—Any suchcompany may bring suit in the Court of Claims torecover the price of such freight and trauaportation, and in such suit the right of such companyto recover the same upon the law and the facts of the case. shall be determined, and also the rights of the United States upon the merits of all the points presented by it in answer thereto- by thorn; and either party to suchisuit may appeal to the Supreme Gourt; and both said courts shall give such cause or causes precedence of all other business. B‘(B. -8, §5261.) `. Q S8. District court to issue mandamns to compel operation of road.——The proper district court ot the United States ishall have jurisdiction to hear. and determine all cases offmandamus to compel aaid Union Pacific Railroad Company tooperate its road as required by law. (R. S. § 5262.) _ ·. · ‘ i 89. Collection of percentage of net earnings duo United States.~—'I‘he Secretary of the t Treasury is directed to require P¤1'menf of `the railroad companies, their successors and assigns, or the successors or assigns of any or either of said conn ponies, of all sums of money due or to become due, the United States for the 5 per centum of the net earnings provided for by the Act entitled "An Act to aidin the construction of "a railroad and telegraph line from the Missouri River -t0 the ·Paciilc _Occan, and to secure to the Qovernment. the use of the same forlpostal, inilitary, and other»purposes" approved July 1, 1.862, or by any other Act or Acts in relation to tho, companies therein named, or any other auch company or companies, and in case either of said railroad companies shall neglect or refuse to pay the same within sixty days after demand therefor made upon the treasurer of such railroad company, the Secretary of the Treasury shall certify that fact to the Attorney General, ( who shall thereupon institute the necessary suits and proceedings to collect and otherwise obtain redress in respect ot the same in the proper district courts ot the United States, and prosecute the same; with all convenient dispatch to a final determination. (June 22, 1874, c. 414, 18 Stat. 200.) ., W. Settlement. of accounts for Army and mail- transporta- ‘ _ tion.-—··~For the- proper adjustment of the accounts ot the Union ,. Pacific, Central Pacidc, Kansas Pacific, Western- Paclilc, and Sioux City and Pacliic Railroad Companim, respectively, for ° services which have been or may be hereafter performed. for the Goreniment for transportation of the Army and- transportation ot the mails, the Secretary tot the. Treasury ia authory ized to make auch entries upon the books riot the department as will carry to the credit of said companies the amounts so earned or to be earned by them during each, fiscal 'year and withheld under the provisions of section 86`ot this title; and of the Act of Congress approved`Mny 7, 1878: Providw, That this shall not authorize the expenditure oi any money from. the Treasury nor change the method now provided by law for the auditing of such claims against the Government: Provided farther, That this paragraph `shall notibe so construed as to he a‘ disposition ot any moneys due or to become due to or from said coinpanica respectively, or to,· in any way, affect their rights or duties or the rights ot. the United States, under existing laws, it being only intended hereby to enable the proper accounting omcera to state on the books of to Treasury the a,ccounts· between the Government and said companies respectively. (Mar. 3, 1879, c. 183, 20 Stat. 420.) f · 91. Settlement of aceounts for Navy and Marine Corps transportatiouit-+¥.[the provisions of the preceding section authorizing the Secretary of- the Treasury to make such entries upon thebooks of the department as will carry‘to`tl1e.credit of certain railroad companies named in said section amounts

@7 re —RAILROADS 1446 earned or to be eerned by them during each fiscnlyenr on eq. »‘ count of transportation of the Army and transportation of the mails be, and thesnme are hereby, extended and made applicable to the transportation of the Navy and the Marine Corps. (Mar. 3, 1897, c. 386, 29 Stat. 663.) — Q 92. Settlement of claims for transportation over nonhand- » 0ut_ of Government transportation over nonbond-sided lines l of the S0uthern`Paciiic Company and Central Pacino Railroad o l_ Company by crediting ugninst thenotes of the Central, Pacino Railroad Company held in the Trensury of the United, States interest on all of said judgment and allowed claims at 4 per _ centum per ummm, as set forth in his letter to the chairman of the Committee on Appropriations of the Senate, dated May 12, 1900[ °,(Mar. _3,· 1901, c. 831, 5 1, 31_Stut._1023.) H Y _ · 93. Indian goods and supplies.——yPoyment for transportation ~ of lndinn goods and supplies shall include ell indian trans portution lawfully due such land-grunt railroads as have not ` ` received nid in Government bonds (to be adjusted in—_ nccordance with thecdecisions .0f— the Supreme Court in wm decided under such land-grunt Acts), but in no case shall more · ,_ than 50 per centum of full amount of service be paid to said 1and·grant roads: Provided, Thilt sueh compensation shall he . computed upon the basis ot the tart! or lower `weeial rates for like transportation performed for the public et large, and shall be nccepted ns in full for all demands for such service: Provided fermer, That hereafter in expending money appropriated for this purpose n railroad pcompony yrhich has not , receivedvaidin bonds of the United Stntw, and which obtained 1n grant of public lands to nid in the construction of its reil- `e road on condition"thst suehlruilroad should be a post route and military rond, subject to the use of the United States for. postal, military, naval, and other Government services? end { also subject to such regulations as Congrem may impose, restricting the charge for such government transportation, havlng claims against the United Btntw for` transportation of · Indian goods end supplies over suchnided reilroeds, shall be _ paid out of"th'e”*moneys appropriated for such purpose only on » the basis of such rate for the transportation of such Indian goods and supplies as the Secretnryjof the Interiorshall deem just and reasonable under the provisions set forth herein, such _rate not to exceed 50 per eentum of the compensation for such Government- transportation as shall at that time be ehnrged to and paid by private parties to any such company for like and s1mu¤r·¢¤p¤sp¤muo¤; and the amount so ilxed to be paid shall he `accepted as in full for ull demands for such service. (Apr. IN), 1998, c. 153,35 Stat, 73.) " . — _ ·94. Liens of United States; redemption of prior incumi brunces.-—Whenever, in the opinion of the President, it shell be deemed necessary to the protection of the interests und the · . preservation of the security of the United States in respect of lts_1len, mortgage, or other interest in sny of the property- of any or ull of the several compeniw upon which s lien; . mortgage, or other incuinbrunce paramount Qto the right, title; or interest of the United States for the suxgne property, or any purt‘of the same, may exist and be then lawfully liable to he enforced, the Secretary of ·the Treasury shell, under the direc-i tion of the President, redeem or otherwise clear oE such paramount lien, rnortgege, or other lneumbrunce by paying the sums lawfully due in respectthereof out of the Treasury; and the United ;States shall thereupon become sud be subrogsted to ell rights and securities theretnfore pertaining to the debt, mortgage, lien, or other incurnhrunee in respeet of which jsuch payment shsllhnve been mode; It shell bethe duty of the Attorney General, under the direction of. the President, to take all such stepsnnd proceedings, in the courts ond otherwlseyas shall be needful to redeem such 'lien, mortgege, or other in-
 * sided lines.-—The Secretary `of_ the Treasury is hereby authorn ized and `dlrected to make settlement of the claims. growing