
    THE SOUTHERN PACIFIC COMPANY v. THE UNITED STATES.
    [48 C. Cls., 227; 237 U. S., 202.]
    
      On Plaintiffs’ Appeal.
    
    The railroad carries Government property and troops from Portland to San Francisco without breaking freight at Roseville Junction. From Roseville Junction to San Francisco the defendants pay for the service at through rates. The railroad seeks to recover at local rates. The only question in the case is as to the proper rate to be applied on through shipments to the service from Roseville Junction to San Francisco.
    The court below decides:
    I. A part of the claimant’s transportation route (i. e., from Portland to Roseville Junction) was constructed under the act 25th July, 1862, H Stat. L., 239, which provided that, in consideration of Government aid, Government property and troops should be transported free of charge. The remainder of the route (i. e., from Roseville Junction to San Francisco) was constructed under the act 1st July, 1862, 1Z Stat. L., 489, which provided that the Government should have the use and service of the road at “fair cmd reasonable rates of compensation.” The freight service rendered being over both roads by a party operating both, and being in fact through service from Portland to San Francisco, the freight must rest upon a proportionate mileage basis.
    II. It is settled that where railroad service is rendered to the Government by the land-grant roads, “ through service ” is to be computed at through rates; and “ local service ” at local rates; but where the service was in fact through service, an unbroken shipment from Portland to San Francisco, the fact that the service from Portland to Roseville Junction was a “free-hml” service, under the act 25th July, 1866, did not convert the service from Roseville Junction to San Francisco into a local service nor did it entitle the railroad to the local rate.
   The decision of the court below is affirmed.

Mr. Chibe Justice White delivered the opinion of the Supreme Court April 12,1915.  