Selma Co v. United States

• Decision Date: 06 April 1891
• Citation: 11 S.Ct. 638,35 L.Ed. 266,139 U.S. 560
• Parties: SELMA, R. & D. R. CO. v. UNITED STATES
• Court: U.S. Supreme Court

139 U.S. 560

11 S.Ct. 638

35 L.Ed. 266

SELMA, R. & D. R. CO. v. UNITED STATES.

April 6, 1891.

Geo. A. King, for appellant.

Asst. Atty. Gen. Cotton, for the United States.

Mr. Justice HARLAN, after stating the facts in the foregoing language, delivered the opinion of the court.

The plaintiff, the Selma, Rome & Dalton Railroad Company, seeks in this action to recover the sum of $5,915.80, which is alleged to be the balance due on a written contract executed July 10, 1858, between the United States and the Alabama & Tennessee Rivers Railroad Company, an Alabama corporation, whereby that corporation was to receive for transporting the mail between Selma and Taladega, in that state, the sum of $12,000 per year, payable quarterly, for the term commencing July 1, 1858, and ending May 31, 1862. By that contract the postmaster general was authorized to dispense with the service entirely, if required by the public interest, allowing one month's extra pay upon the amount deducted. The United States disputes its liability to the plaintiff in any sum whatever.

The Alabama & Tennessee Rivers Railroad Company performed the services required by the above contract up to the 31st of May, 1861, on which day the mail service on its road was discontinued by the postmaster general of the United States; and such service passed, on and after June 1, 1861, under the direct control of, and was performed by the railroad company for, the Confederate government.

By an act of the Confederate congress, approved August 30, 1861, entitled, 'An act to collect for distribution the moneys remaining in the several post-offices of the Confederate States at the time the postal service was taken in charge by said government,' it was provided: 'Section 1. That it shall be the duty of the postmaster general to collect all moneys due from the several postmasters within the Confederate States, and which they had not paid over at the time the Confederate States took the charge of the postal service, and the several postmasters are hereby required to account to the general post-office of this government under the same rules, regulations, and penalties that were prescribed by the law under which said moneys were received. Sec. 2. The moneys so received shall be kept separate and distinct from the other funds of the post-office department, and shall constitute a fund for the pro rata payment of claims for postal service which accrued before the postmaster general took charge of the postal service in the states respectively comprising this confederacy, as may hereafter be provided. Sec. 3. It shall be the duty of the postmaster general to make proclamation that all persons who are citizens of the Confederate States of America, and who may have rendered postal service in any of the states of this confederacy, under contracts or appointments made by the United States government before the Confederate States government took charge of such service, shall present their claims to this department, verified and established according to such rules as he shall prescribe, by a time therein to be set forth, not less than six months, and requiring the claimant to state, under oath, how much has been [paid,] and the date of such payments, on account of the contract or appointment under which said claim occurred, and what fund or provision has een set apart or made for the further payment of the whole or any portion of the balance of such claim by the government of the United States, or of any of the states, and they shall also state, on oath, whether they performed fully the service according to their contracts or appointments during the time for which they claim pay, and, if not, what partial service they did perform, and what deductions have been made from their pay, so far as they know, on account of any failure, or partial failure, to perform such service; and the post-master general shall, as soon as he shall have collected such moneys from said postmasters, and ascertained the amount of claims against the post-office department, and the amount received respectively by the claimants as aforesaid, and the provision, if any, for future payment, make a report of the same, so that future action may be taken thereon as respects the distribution. Sec. 4. All claims for postal service required to be presented by this bill shall be barred as against this fund unless presented within six months after the proclamation of the postmaster general shall have been made.'

By another act of the Confederate congress approved September 27, 1862, entitled 'An act to provide for the payment of sums ascertained to be due for postal service to citizens of the Confederate States by the postmaster general,' it was provided: 'The congress of the Confederate States of America do enact, that the postmaster general of the Confederate States do proceed to pay to the several persons, or their lawfully authorized agents or representatives, the sums respectively found due and owing to them for postal service rendered in any of the states of this confederacy under contracts or appointments made by the United States government before the Confederate States government took charge of such service, as the said sums have been credited and ascertained by him under the provisions of an act entitled 'An act to collect for distribution the moneys remaining in the several post-offices of the Confederate States at the time the postal service was taken in charge by said government,' approved the thirtieth day of August, 1861; but the sums authorized by this act to be paid are only the balances found due after all proper deductions shall have been made on account of previous payments made by the United States, or any of the states, or of available provisions made in whold or in part for such payment by said government, or of any of the states, and after making all proper deductions for failures or partial failures to perform the service according to their several contracts or appointments during the time for which they claim pay: provided, that the provisions of this act shall only extend to loyal citizens of the Confederate States.'

The congress of the United States, by joint resolution passed March 2, 1867, prohibited the payment of any account, claim, or demand against the government to any person not known to have been opposed to the Rebellion and in favor of its suppression. 14 St. 571. This resolution was carried forward into section 3480 of the Revised Statutes, which provides: 'It shall be unlawful for any officer to pay any account, claim, or demand against the United States which accrued or existed prior to the 13th day of April, 1861, in favor of any person who promoted, encouraged, or in any manner sustained the late Rebellion, or in favor of any person who during such Rebellion was not known to be opposed thereto, and distinctly in favor of its suppression; and no pardon...