
    THE PITTSBURGH, CINCINNATI AND SAINT LOUIS EAILROAD CASE.
    The Pittsburgh, Cincinnati and Saint Louis Railroad Company v. The United States.
    
      On the Proofs.
    
    The claimants were proprietors of a railway from Pittsburgh to Newark (160 miles), with a branch to Cadiz (8 miles), and had a right of way oyer a railway between. Newark and Columbus (33 miles), and they carried the mails between Columbus and Pittsburgh and on the branch. Compensation for this mail service was ascertained by multiplying the number of miles between Newark and Pittsburgh by a given number of dollars. This compensation was paid by the Post-Office Department for the whole mail service, and received by the claimants without question. After termination of the service they set up claim for further compensation for mail service between Newark and Columbus. JSeMr that the payments had been made and received in full satisfaction for the entire service.
    
      The Reporters* statement of the case:
    The railway mail service between Columbus and Pittsburgh is performed by means of the railway between Columbus and Bellaire as far as Newark, 33 miles from Columbus, and then by means of another railway between Newark and Pittsburgh, 160 miles farther. The latter railway has a small branch to Cadiz, 8 miles long.
    In 1866 the Post-Office Department contracted with the Steu-benville and Indiana Eailroad Company, which then controlled the road between Newark and Pittsburgh, for the carriage of the mails between Columbus and Pittsburgh and on the branch for $33,400 a year. This sum was reached by multiplying the distance between Newark and Pittsburgh, 160 miles, by 200 ($200 per mile per annum being assumed as a proper compensation) and by multiplying the length of the Cadiz branch (8) by 50; but it was agreed that the mails should be carried over the entire route and the branch for this sum.
    Shortly before the expiration of the term the Post-Office Department authorized a new contract to be entered into with the same contractors for the performance of the same sendee, at the same rate of compensation. The proposed contract was not executed, because, about that time, the railway between Newark and Pittsburgh, and the branch, and the rights of way over the road between Newark and Columbus, passed into possession of the claimants.
    The claimants transported the mails, under direction of the Post-Office Department, between Pittsburgh and Columbus from and including the 1st day of July, 1868, down to and including June 30,1873. This service was rendered without special contract, and under the following orders of recognition made by the department:
    
      " Orders for contract. — Term from July 1, 1868, to Jume 30,1872.
    “ 1868, May 21. — Contract with the Pittsburg, Columbus and Cincinnati Eailway Co. (T. L. Jewett, pres’d’t, Steubenville, O.) for service twelve times a week and back, or more frequently if required and cars are run, from July 1, 1868, at $32,400 per annum, being at the rate of $200 per müe per annum, from Newark to Pittsburg, 160 miles, and at the rate of $50 per mile per annum from Means to Cadiz, 8 miles. (Service from Columbus to Newark is covered by mail-route No. 9001).
    “ 1869, June 23. — Contract not having been executed, and the name of the company being changed, recognize the service of the Pittsburg, Cincinnati & St. Louis Eailway Co. in conveying the mails between Columbus and Pittsburg, and on branch from Means to Cadiz, for the quarters ending September 30 and December 31,1868, and the quarter ended March 31,1869, and refer to the Auditor to pay at the rate of $32,400 per annum, subject to fines and deductions.
    “ 1869, July 1. — Eecognize the service of the Pittsburg, Cincinnati & St. Louis E’w’y Co. in conveying the mails between Columbus and Pittsburg, and on branch from Means to Cadiz, for the quarter ended June 30, 1869, and refer to the Auditor to pay at the rate of $32,400 per annum, subject to fines and deductions.
    “ Oct. 1. — Eecognize the service of the Pittsburg, Cincinnati & St. Louis E’w’y Co. in conveying the mails between Columbus and Pittsburg, and on branch from Means to Cadiz, for the quarter ended September 30,1869, and refer to the Auditor to pay at the rate of $32,400 per annum, subject to fines and deductions.
    
      “ 1870, Jcm. 3. — Eecognize the service of the Pittsburg, Cincinnati and St. Louis Eailway Co. in conveying the mails between Columbus and Pittsburg, and on branch from Means to Cadiz, for the quarter ended December 31, 1869, and refer to the Auditor to pay at tbe rate of $32,400 per annum, subject to fines and deductions.
    
      " 1870, Aprill. — Eecognize the service of the Pittsburg, Cincin-' nati and St. Louis Eailway Co. in conveying the mails between Columbus and Pittsburg, "and on branch from Means to Cadiz, for the quarter ended March 31, 1870, and refer to Auditor to pay at the rate of $32,400 per annum, subject to fines and deductions.
    
      “July 1. — Eecognize the service of the Pittsburg, Cincinnati and St. Louis Eailway Co. in conveying the mails between Columbus and Pittsburg, and on branch from Means to Cadiz, for the quarter ended June 30, 1870, and refer to Auditor to pay at the rate of $32,400 per annum, subject to fines and deductions.
    
      “ Oct. 7. — Eecognize the service of the Pittsburg, Cincinnati and St. Louis Eailway Co. in conveying the mails between Columbus and Pittsburg, and on branch from Means to Cadiz, for the quarter ended September 30,1870, and refer to Auditor to pay at the rate of $32,400 per annum, subject to fines and deductions.
    “1871, Jan. 3. — Eecognize the sendee of the Pittsburg, Cincinnati and St. Louis E’w’y Co. in conveying the mail between Columbus and Pittsburg, and on branch from Means to Cadiz, for the quarter ended December 31,1870, at the rate of $32,400 per annum, and refer to Auditor to iiay, subject to fines and deductions.
    
      “April 1. — Eecognize service of the Pittsburg, Cincinnati and St. Louis E’w’y Co. in conveying the mails between Columbus and Pittsburg, and on branch from Means to Cadiz, for the quarter ended March 31, 1871, at the rate of $32,400 per annum, and refer to Auditor to pay, subject to fines and deductions.
    “ July 1. — Eecognize service of the Pittsburg, Cincinnati and St. Louis E’w’y Co. in conveying the mails between Columbus and Pittsburg, and on branch from Means to Cadiz, for the quarter ended June 30, 1871, at the rate of $32,400 per an-num, and refer to Auditor to pay, subject to fines and deductions.
    “1871, Oct. 2. — Eecognize the service of the Pittsburg, Cincinnati and St. Louis E. W. Co. in conveying the mail between Columbus and Pittsburg, and on branch from Means to Cadiz, for the quarter ended September 30, 1871, at the rate of $32,400 per annum, and refer to Auditor to pay, subject to fines and deductions.
    “ 1872, Jan. 2. — Eecognize the service of the Pittsburg, Cincinnati and St. Louis E. E. Co. in conveying the mail between Columbus and Pittsburg, and on branch from Means to Cadiz, for the quarter ended December 31,1871, at the rate of $32,400 per annum, and refer to Auditor to pay, subject to fines and deductions.
    
      “April 1. — Eecognize the service of the Pitts., Ginn. & St. Louis E. E. Co. in conveying the mail between Columbus and Pittsburg, and on branch from Means to Cadiz, for the quarter ended March 31, 1872, at the rate of $32,400 per annum, and refer to Auditor to pay, subject to fines and deductions.
    “1872, July 1. — Eecognize the service of the Pitts., Oin. & St. Louis E. E. Co. in conveying the mail between Columbus and Pittsburg, and on branch from Means to Cadiz, for the quarter ended June 30, 1872, at the rate of $32,400 per annum, and refer to Auditor to pay, subject to fines and deductions.”
    
      [Memorandum of Post-Office Department of adjustment of pay for service].
    
    “Jan. 29, 1873. — Ohio. Eoute 9036. Columbus to Pittsburg, 160 miles. Branch to Cadiz, 8 miles.
    “PITTSBURG, CINCINNATI AND ST. LOUIS R. R. CO.
    “Pay left unadjusted from 1st July, 1872, to “ await returns.” Eeturns now in show the average weight of mails, whole distance, for 30 days, from 1st March, 1872, on main route, to be 11,430 pounds per day; speed, 30 miles per hour; apartment,-20 x 8¿- feet in size, with fixtures and furniture, and a single daily line of route-agent service, and trips 12 per week. The weight is 1,699 pounds below the common average' on roads receiving $300 per mile per annum. The distance (160 miles) is counted-from Newark, 33 miles east of Columbus, the remainder of the route being covered by the Central Ohio Eailroad, route No. 9001. On the branch, the average weight is 154 pounds per day (44 pounds below the common average on roads receiving $50 per mile); speed, 20 miles per hour; and trips, 18 per week.
    
      “Mem. for Mr. Slater. — Eecognize service, quarterly, at$44,400 per annum, being $275 per mile for the 160 miles between Newark and Pittsburg (the residue of the main route being covered by route 9002), and $50 per mile for the branch, from 1st July, 1872.
    “ DAVIS.”
    “ Orders for contract. — Term from July 1,1872, to Jtme 30, 1873.
    “ 1873, Jan. 31. — Eecognize sendee of the Pittsburg, Cincinnati and St. Louis E. E. Co. in conveying the mail between Columbus and Pittsburg, and on branch to Cadiz, from July 1 to December 31,1872, at the rate of $44,400 per annum (being $275 per mile per annum on main route and $50 per mile on branch), and refer to Auditor to pay, subject to fines and deductions.
    
      “April 1. — Same order as above for quarter ended March -31, 1873.
    
      “July 1. — Service recognized as above for quarter ended June 30,1873.
    
      “Oct. 1. — Eecognize service as before for quarter ended September 30, 1873, with the understanding that the rate of compensation shall be subject to readjustment, and be determined according to the grade of the service, as provided by act of March 3, 1873. (Modified.)”
    Payments were from time to time made in accordance with these recognitions, and such payments were accepted by the claimants without question. The service terminated on the 30th June, 1873. On the 31st March, 1874, the claimants presented the following claim for further compensation for transporting the mails between Columbus and Newark:
    “ TJ. 8. Post-Office Department, Washington, D. G., to the Pittsburgh, Cincinnati & 8t. Douis Pho’y, Dr.
    
    “1874.
    “ March 31. For amount due this company for transportation of mail between Newark and Columbus, O., on route No. 9036, from September 1, 1864, to June 30, 1872, 33 miles, at $200 per mile per annum, for 7 years and 10 months.$51, 700 00
    “ From July 1,1872, to March 31,1874, 33 miles, at, $275 per mile per annum, fori year and 9 months. 15,881 25
    “67,581 26”
    
      Mr. Parnsworth for the claimant:
    1. The first question arising in this case is as to the scope of the statute of limitations as applied to the facts.
    Compensation for transporting the mails is, both by the statute and the practice of the department, fixed and determined by the year, and although the department does actually pay quarterly, the amount is regulated by the jmarly rates. The year ends on the 30th of June.
    2. The next and only remaining question involved is whether the claimant was and is entitled by the law to compensation for the service performed in transporting the mails between Newark and Columbus.
    The statute under which this service was performed, up to and including tbe 30tb of June, 1872, may be found in tbe 17tb volume Statutes at Large, page 309, as embraced in sections 210 and 211, wbicb are as follows, viz :
    
      " Seo. 210. That tbe Postmaster-General sliall arrange tbe railway routes on wliicli tbe mail is carried, including those in wbicb tbe service is partly by railway and partly by steamboat, into three classes, according to tbe size of tbe mails, tbe speed at wbicb they are carried, and tbe frequency and importance of tbe sendee, so that each railway company shall receive, as far as practicable, a proportionate and just rate of compensation, according to tbe sendee performed.
    
      " Sec. 211. That tbe pay for' carrying tbe mail on any railway of tbe first class shall not exceed three hundred dollars per mile per annum; on any railway of tbe second class, it shall not exceed one hundred dollars per mile per annum; and on any railway of tbe third class, it shall not exceed fifty dollars per mile per annum; but if one-half tbe service on any railway is required to be performed in tbe nighttime, tbe Postmaster-General may pay twenty-five per centum in addition to tbe above maximum rates.”
    And from tbe 1st of July, 1872, to tbe 20th of June, 1873, tbe service was performed under tbe same sections of tbe statute, and section 213, wbicb was added in tbe act codifying tbe postal laws enacted in 1872, wbicb section is as follows, viz:
    “ Sec. 213. That every railway company carrying tbe mad shad carry on any train wbicb may run over its road, and without extra charge therefor, all mailable matter directed to be carried thereon, with tbe person in charge of tbe same.”
    One of tbe important objects of tbe statute, as expressed in section 210 was to secure to each railroad company “ a proportionate and just rate of compensation according to tbe service performed.”
    But in this case tbe Post-Office Department has neglected and refused to pay tbe claimant for a service, while it has paid another company for a precisely similar service, upon tbe ground that wbde it required two distinct and different companies to perform two separate and distinct services over one road, and recognized those services as distinct and separate mail-routes, it could only compensate one of them, and that one wbicb tbe department might elect.
    It does seem that such a proposition admits of no argument one way or tbe other. Its statement is sufficient.
    
      
      Mr. Hastings for tbe defendants:
    I. Tbe claimant bas received, without objection or protest of any kind, tbe money paid it in full for all service rendered over tbe thirty-three miles in question, or over any other portion of its road. Under tbe rulings of this court at tbe present term in cases of like character it can recover nothing. (Philadelphia & Baltimore Central Eailroad Company’s Case, antej Philadelphia, Wilmington & Baltimore Eailroad Company’s Case, ante).
    
    II. The law applicable to the case is that in force, prior to July 1, 1873. It is the law known as classification law, and permits the Postmaster-General to “ arrange the railway routes on which the mail is carried according to the size of the mails, the speed at which they are carried, and the frequency and importance of service,” &c., all of which he has done as to the route in question. (17 Stat. L., p. 309, sec. 210; and, further, page 308, sec. 200, down to and inclusive of sec1.. 210, p. 309.)
    III. The computation in no event could be made further back than May 25, 1871, for beyond that date claimant is barred by the statute of limitations. This of itself reduces claimant’s claim still more, to wit, to $10,327.74. But we deem this a matter of no importance.
   Davis, J.,

delivered the opinion of the court:

In the year 1800 the United States contracted with the Pittsburgh, Columbus and Cincinnati Eailroad Company for the transportation of the mails from Columbus, Ohio, to Pittsburgh, Pa., with a branch from Means to Cadiz, for two years, beginning July 1, 1800, and ending June 30,1808, at $32,400 per year. The mails were duly carried by the company, and the sendee was duly paid for at the agreed rate. When the contract was about to expire, the Government sought to renew it. It was found, howrever, that the road was about to change owners, and it did, in fact, change owners about that time. The portion of the road between Newark and Pittsburgh, 100 miles in length, came into the possession of the claimants. As to the portion between Newark and Columbus, 33 miles in length, the claimants also acquired a right of way over that for the transportation of their Newark and Pittsburgh trains. No written contract for the transportation of the mails was made with the defendants. The service was ordered and recognized on tlie books of tlie department as continued at tlie old rates, and the claimants, on the 1st July, 18C8, began to perform it as it bad been performed by tbe Pittsburgh, Columbus and Cincinnati Bailroad Company, and continued so to do up to and until the 30th June, 1872, and received pay therefor at the same rate as had been paid to the former company, and such payments were treated on both sides as a full and complete satisfaction for the service.

On the 1st of July, 1872, the rate of compensation was raised from $32,400 per annum to $44,400 per annum. The service was continued at this rate for one year by the claimants and was fully paid for at the new rate, and these iiayments, also, were treated on both sides as a full and complete satisfaction for the service.

In estimating the sum to be paid for this service as an entirety, the department, in 18GG, for reasons of its own, reached the sum to bepaid by estimating the distance from Newark to Pittsburgh (160 miles) at $200 per mile per annum, and the distance on the branch at $30 per mile per annum for 8 miles; but it required the company to agree to carry the mails over the whole 201 miles for the aggregate sum thus ascertained.

The compensation of $44,400 to be paid to the claimants, after June 30,1872, was reached by the department by the same process ; but this sum was in like manner regarded by the department as compensation in full for the whole 201 miles.

Nine months after the last sendee was rendered and paid fox’, the claimants set up that they had not been paid for the transportation of the mails over the 33 miles between Newark and Columbus. This suit is brought to recover the amount claimed for that service. They ground their claim on the allegation that before 1872 they were paid $200 per mile for transporting the mails between Newark and Pittsburgh, and after that $275 per mile for the same sendee, and that they received nothing for the service between Newark and Columbus.

We are all of the opinion that the' annual compensation of $32,400 for the years from July 1, 18G8, to June 30, 1872, and the compensation of $44,400 for the year ending June 30, 1873,-was paid by the department and was accepted by the claimants as full payment for the entire service over the 201 miles, including the 33 miles between Newark and Colmubus.

Consequently, the claimants’ petition must be dismissed.  