
    (Not reported in C. Cls. R.;
    99 U. S. R., 700.)
    The Union Pacific Railroad Company, appellants, v. The United States, appellees.
    
      On the claimants’ Appeal.
    
    
      The claimants brine/ their action to recover f104,451.72 the suit being intended to test the power of Congress to compel the claimants to set apart the sinking fund for the payment of their future indebtedness to the government, as prescribed by what is known as the Thurman act (20 Stat. L., 56).
    The court below renders judgment in favor of the defendants without an opinion being delivered. The claimants appeal
    The judgment of the court below is affirmed.
    
      
      The Reporters' statement of tbe case:
    Tbe Court of Claims, by consent of parties, and to basten a •determination in tbe Supreme Court of tbe .important question involved, rendered judgment without bearing tbis case and without delivering an opinion. An appeal was immediately taken, and tbe case was soon after beard in tbe court above. At tbe end of tbe term, May, 1879, a decision was announced, with an intimation that opinions would thereafter be read. At the beginning of tbe next term, October, 1879, tbe opinions in tbe case were read.
    
      Mr. Sidney Bartlett and Messrs. Shellabarger & Wilson for tbe appellant. Mr. Attorney-General Devens and Mr. Joseph K. MeGanmon for tbe United States.
   Tbe Chief Justice

delivered tbe opinion of tbe Supreme Court, October 20, 1879.

Mr. Justice Field, Mr. Justice Strong-, and Mr. Justice Bradley read dissenting opinions  