
    DELAWARE, LACKAWANNA & WESTERN RAILROAD COMPANY v. THE UNITED STATES.
    [51 C. Cls., 426; ante, 35; 249 U. S., 385.]
    Judgment was rendered in favor of the plaintiff company for a portion of the amount claimed in the court below. On appeal the judgment was affirmed, and the Supreme Court decided:
    When the Court of Claims fails to state what the contract was between the claimant and the Government, this court can not find it from facts which do not establish a contract as a matter. of law.
    "Where a railroad undertook transportation of mail during a certain period upon notice from the Post Office Department that the compensation had been fixed for the period at certain rates but “ subject to future orders,” and “ unless otherwise ordered,” helé, in view of these qualifying words, that the contract did not guarantee the railroad against any change of the rates during that period. Eastern R. R. do. v. XJniteé States, 129 U. S., 391.
    -A reservation of the right to change the rates for mail transportation may be availed of by the United States through an act of Congress, even though the Postmaster General had no authority when the contract was made to change the rates himself.
    The act of March 2, 1907, directing the Postmaster General to readjust the compensation for the transportation of mail on certain railroad routes carrying certain average weights of mail per day, did not require reweighing.
   Mr. Justice Holmes

delivered the opinion of the Supreme Court April 14, 1919.  