APPENDIX B.

Syllabl of decisions of the United States Supreme Court In cases affecting the bond-aided Pacific rallroad companies and to which the United States are parties.

No. 1. The United States v. the Union Pacific Railroad Company. (91 U. S., 72.)

INTEREST.

Suit brought to determine whether the company is required to pay the interest before the maturity of the principal of the bonds.

Held, that "such was not the intention of Congress."

No. 2. The Union Pacific Railroad Company v. Hall et al. (91 U. S., 343.)

EASTERN TERMINUS OF THE UNION PACIFIC RAILROAD.

Suit brought to determine the initial point of the Iowa Branch of the Union Pacific Railroad.

Held, that "the legal terminus of the railroad is fixed by law on the Iowa shore of the Missouri River; that the bridge is a part of the road, and the company is under obligation to operate and run the whole road, including the bridge, as one connected and continuous line."

No. 3. The United States v. The Union Pacific Railroad Company. (98 U. S., 569.)

CREDIT MOBILIER CASE.

Held, that "no case for relief is made by the bill, and the decree of the court below dismissing it is affirmed."

No. 4. The Union Pacific Railroad Company v. The United States. (99 U. S., 402.)

Case in some respects supplemental to that of "United States v. Union Pacific Railroad Company." (No. 1.)

Questions determined are

(1) Date of completion of road-" November 6, 1869."

*

(2) What is included in net earnings? "These earnings must be regarded as embracing all the earnings and income derived by the company from the railroad proper and all the appendages and appurtenances thereof, including its ferry and bridge at Omaha, its cars, and all its property and apparatus legitimately connected with its railroad. If * * it should be found that the net earnings in any one year were not more than sufficient to pay the interest on the first-mortgage bonds accruing in said year, then the company will not be decreed to pay any portion of the said 5 per cent of net earnings for that year. But if the net earnings were more than sufficient to pay said interest, the excess will be subject, so far as it will go, to the payment of said 5 per cent; but the company will not be decreed to pay any more than said excess.”

No. 5. The United States v. The Central Pacific Railroad Company. (99 U. S., 449.)

"This case, in all material respects, involves the same questions as Union Pacific Railroad Company v. United States" (No. 4).

Completion of road fixed as of the same date as the Union Pacific Railroad (November 6, 1869).

288

No. 6. The United States v. The Kansas Pacific Railway Company. (99 U.S., 455.) Same as foregoing. Alleged date of completion of road, November 6, 1869. Held, that the subsidy bonds granted only in respect of the original road terminating at the one hundredth meridian, are a lien on that portion only, and that the 5 per cent of the net earnings is only demandable on the net earnings of said portion (3931 miles).

No. 7. The United States v. The Denver Pacific Railway and Telegraph Company. (99 U.S., 460.)

Suit brought to recover 5 per cent of net earnings upon the whole line of the Kansas Pacific, including the branch from Denver to Cheyenne.

Held, that neither the company nor its railroad or property is liable in any way for the payment of any debt incurred for such bonds received by the Kansas Pacific Railroad Company.

No. 8. The United States v. The Sioux City and Pacific Railroad Company. (99 U. S., 491.)

Suit brought to recover 5 per cent of net earnings.

Held, that if the amount of net earnings is insufficient to pay the interest on the company's first-mortgage bonds, the Government can not claim the 5 per cent which would otherwise be applicable to its subsidy. (See decision in Union Pacific Railroad Company v. United States, No. 4.)

No. 9. The Union Pacific Railroad Company v. The United States.

Constitutionality of sinking-fund act affirmed.

(99 U.S., 700.)

No. 10. The Union Pacific Railroad Company v. The United States. (104 U. S., 662.)

Action brought to recover compensation for services in carrying the mails and employés. United States sets up counterclaim for 5 per cent of net earnings. Held, The sixth section of the act of Congress of July 1, 1862, chapter 120, incorporating the Union Pacific Railroad Company (12 Stat., 489), constitutes a contract between the United States and the company, whereunder the latter, for its service in transporting upon its road, from January 1, 1876, to October 1, 1877, the mails, and the agents and clerks employed in connection therewith, is entitled to compensation at fair and reasonable rates, not to exceed those paid by private parties for the same kind of service.

(2) The contract is not affected by the sections of the Revised Statutes declaring that the Postmaster-General may fix the rate for such service when performed by railroad companies to which Congress granted aid, and he had no authority to insist that it was not binding upon the United States.

(3) The company, having been required to perform the contract, lost no rights by a compliance therewith, as it protested against and rejected all illegal conditions attached to the requirement.

No. 11. Western Pacific Railroad Company v. The United States. (108 U. S., 510.)

PUBLIC LANDS.

In a suit brought by a district attorney of the United States to set aside a patent conveying public lands, objection was taken in this court that it does not sufficiently appear that the suit was brought under authority from the Attorney-General: Held, that "the objection not having been taken below, the fact of such authority could be inquired into and shown here."

On the evidence it appeared that the lands in question were mineral lands, and were known to be such by the applicant for the patent and agent for the railroad company at the time of the application. The patent was set aside.

No. 12. The Sioux City and Pacific Railroad Company v. The United States. (110 U. S., 205.)

Suit to recover an internal-revenue tax on the undivided net earnings of the plaintiff's railroad.

Held, that "in a suit to collect an internal-revenue tax on the undivided net earnings of the road, carried to a fund or to construction account, the plaintiff was not

INT 99-MIS, PT 1-19

entitled to have the interest upon these bonds deducted from its net earnings before settling the amount to be subject to the tax; but that the amount of that interest, if earned and carried to a fund or charged to construction, was taxable."

No. 13. The Union Pacific Railway Company v. The United States. (116 U. S.,154.) Suit brought to recover for transportation of the mails in accordance with the requirements of the company's charter.

Held, That case presents no question of law, and the motion is denied."

No. 14. The Union Pacific Railway Company v. The United States. (117 U. S., 355.) Controversy as to what are "fair and reasonable rates of compensation" which are required to be charged the United States for the transportation over the defendant's railroad of mails, troops, supplies, etc., by section 6 of act of July 1, 1862.

Held, That "the amount claimed by the Treasury Department as fair and reasonable was proper. Also, that the rates of transportation by the Union Pacific Railway Company for the United States govern transportation over bridge between Council Bluffs and Omaha."

No. 15. The United States v. The Central Pacific Railroad Company. (118 U. S., 235.) Suit brought to recover compensation for services rendered the United States in transporting persons and freight over those parts of its railroad in the building of which it had not been aided by the Government. The United States demurred. The demurrer was overruled and judgment rendered in favor of the claimant. The United States appealed.

Held, That "compensation is limited to services rendered by the aided roads. The construction of the second section of the act of May 7,1878, contended for by the appellee, is, therefore, right." Judgment affirmed.

No. 16. The United States v. The Central Pacific Railroad Company. (138 U. S., 84.)

NEW CONSTRUCTION.

Held, That "the sums expended by the Central Pacific Railroad Company for betterments and improvements on its road, its buildings, and equipments, whereby the capital of the company invested in its works is increased in permanent value, are not to be regarded as part of its current expenses to be deducted from its gross receipts in reaching and determining the amount of the net earnings upon which a percentage is to be paid to the United States."

This case is distinguished from the case of Union Pacific Railroad Company v. United States. (No. 4.)

No. 17. The United States v. The Union Pacific Railway Company. (148 U. S., 562.)

PUBLIC LANDS.

This case arose upon demurrers and a plea to a bill in equity filed by the United States against the Union Pacific Railway Company and one hundred and seventythree other corporations and individuals, to procure the surrender and cancellation of certain land patents issued to the Kansas Pacific Railway and the Denver Pacific Railway and Telegraph Company, and for a decree declaring all conveyances of such lands clouds upon the title of the United States.

Held, That "the right conferred by the act of July 1, 1862, as subsequently amended, upon the corporation afterwards known as the Union Pacific Railway Company, eastern division, to construct its road substantially in a direct line to Denver, and from thence northerly, to connect with the Union Pacific Railroad at Cheyenne, and to acquire a grant of public lands thereby upon each side of its railroad as constructed, was not affected by the act of March 3, 1869, in such a way as to make the Union Pacific, eastern division, terminate at Denver, and to cause its land grants to terminate there; but, on the contrary, the act of 1862 being a grant in præsenti, the company's right to lands upon each side of its road became fixed from the moment it proceeded, under the act of 1866, to establish its line of definite location so as to make the same extend from Kansas City westwardly to Denver, and thence northwardly to Cheyenne, and the act of 1869 is not to be construed as breaking the continuity of the line.

"If there were any doubt with regard to the interpretation of the act of 1869, the construction placed upon it by the Land Department for eighteen years, under which lands have been put upon the market and sold, would be entitled to considerable weight."

REPORT

OF THE

DIRECTOR OF THE CENSUS.

DEPARTMENT OF THE INTERIOR,

CENSUS OFFICE, Washington, D. C., November 1, 1899.

SIR: I have the honor to submit to you the following report of the operations of this office:

Congress provided for taking the Twelfth Census by an act approved March 3, 1899, entitled "An act to provide for taking the Twelfth and subsequent censuses." The undersigned was appointed director on the 4th of March, 1899, and qualified on the 7th of March. His assistant, Mr. Wines, qualified on the 10th of March.

A preliminary organization was effected by the appointment of Mr. A. F. Childs to the position of chief clerk; Mr. E. McCauley to that of disbursing clerk; and Mr. Henry Gannett, geographer. During the month of March four chief statisticians were appointed, namely: Mr. W. C. Hunt, in charge of the population division; Mr. W. A. King, vital statistics; Mr. L. G. Powers, agriculture; and Mr. W. F. Willcox, methods and results. In June, Mr. S. N. D. North was appointed to take charge of the division of manufactures.

The preliminary work is well under way. The forms of the schedules for taking the enumeration of the agricultural products and population have practically been determined upon and the division of vital statistics is doing considerable correspondence with the various boards of health throughout the country with regard to the work of that division. An effort will be made by this office to secure a uniform system of registration of deaths, so that more reliable statistics may be obtained.

A plan has been mapped out for the selection of experts to be employed as special agents and assigned to service in connection with the collection of statistics of manufacturing industries, with which they are familiar. The industries of the country have been grouped into sixteen classes. An expert agent will be put in charge of one or more of these groups and will have immediate charge of the special agents, who will be employed in gathering statistics concerning that subject.

A special agent has been appointed to look after the taking of the census in the Hawaiian Islands, and he has advised with this office concerning the work there. Two special agents have also been selected to superintend the taking of the census in the District of Alaska. They are now in Alaska for the purpose of doing the preliminary work.

Two hundred and ninety-five supervisors of census out of a total of 297 to be appointed have been selected and commissioned by the President. The law requires that the supervisors be confirmed by the Senate, and it is presumed that the names will be sent to the Senate for confirmation soon after Congress convenes.

A contract has been entered into between Mr. M. G. Emery and the Director of the Census, whereby a building will be erected for the use of this Bureau, to be ready for occupancy on or about the 1st of January, 1900. The building to be so erected will be especially adapted for the large force which. it is expected will be employed in the census work. The contract made with Mr. Emery provides that the building shall be leased for a term of five years from the date of its completion at a rental of $26,600 per annum, with an option on the part of the Government to renew the lease for a second term of five years at a rental of $20,000 per annum. The right of purchase is also reserved to the Government should it desire to acquire the land and building at any time during the life of the lease.

In view of the large amount of supplies required for the use of the Census Office, and in order to purchase the same in an economical manner, it was deemed absolutely necessary to assign a special agent to act as purchasing agent. The census act does not contemplate the selection of a person for this particular purpose. It is recommended that an amendment be made to the census act, by which the office of purchasing agent may be created and made a permanent one in the personnel of this Bureau. It is proper to add in this connection that quite a large saving has been effected already by means of the plan adopted, and, as a very large amount of supplies and furniture will be required to carry on the census work, it is respectfully urged that provision be made by Congress for the creation of a purchasing department in the Census Office.

The act of March 3, 1899, under which the Census Office is being operated, provides that the reports concerning the four general subjects-namely, population, vital statistics, agriculture, and manufactures and mechanical industries-shall be completed and published by July, 1902. This will involve the employment of a very large force for two years, beginning about June, 1900. The act provides for five expert chiefs of division, ten clerks of class 4, fifteen clerks of class 3, and twenty clerks of class 2. The five positions for expert chiefs of division have been filled by the selection of experts to look after particular branches of the work. After a careful consideration of the whole subject, it has been deemed wise to recommend ar. amendment to the law, so as to provide for two additional chiefs of division at $2,000 per annum, five additional clerks of class 4, six of class 3, and eight of class 2.

The Comptroller of the Treasury, in a communication to the Director of the Census, dated May 26, 1899, holds that this office may not purchase books and documents necessary for use in the Census Öffice work out of the appropriation made by the act entitled "An act to provide for taking the Twelfth and subsequent censuses," approved March 3, 1899, for the reason that the act does not specifically provide for their purchase. The decision is based on section 3 of the act of March 15, 1898 (30 Stat. L., 316), which is as follows:

That hereafter law books, books of reference, and periodicals for use of any executive department, or other Government establishment not under an executive