
    THE CENTRAL PACIFIC RAILROAD COMPANY v. THE UNITED STATES.
    (21 C. Cls. R., 180; 118 U. S. R., 235.)
    
      On the defendants’ Appeal.
    
    The claimant, is one of the'subsidized roads of the Pacific railroad system, hut is likewise the owner and lessee of roads not aided by the Government. Compensation for services over the non-subsidized roads is withheld by the accounting officers under the Thurman Act.
    The court below decides—
    (1.) The Pacific Railroad Acts, 1862, 1864 (12 Stat. L., 493; 13 id., 356), accepted by the companies therein named, constitute a contract which cannot be impaired by the United States without compensation established by due process of law.
    (2.) The provision in.the act 1862 (§ 6) which relates to compensation for services rendered to the Government extends only to the subsidized portion of a road; the earnings of the non-subsidized portion are outside of the contract created by the act.
    (3.) Where a road was not aided by the Government, the Government is not authorized by the Tlmrman Act (20 Stat. L., 56) to withhold compensation. The rule for the construction of the act stated and the decisions relating to the Pacific railroad system reviewed.
    The decision of tbe court below is affirmed on tbe same grounds.
   Mr. Justice Woods

delivered tbe opinion of tbe Supreme . Court, May 10, 1886.  