Mr. Assistant Attorney General Brown, for the United States.
Mr. Alexander Britton, of Washington, D. C., for appellee. [249 U.S. 451, 452]
Memorandum opinion by Mr. Justice McREYNOLDS.
During 1910 and 1911 the appellee railway company entered into customary arrangements with the Post Office Department to carry mail over a number of routes for quadrennial terms ending June 30, 1914, and 1915, com pensation [249 U.S. 451, 453] to be based upon ascertained weights. While these were in force, by Act or August 24, 1912, c. 389 (37 Stat. 557), Congress directed establishment of the parcel post service without providing for any additional compensation on account of the large increase in weights which would surely follow.
The Postmaster General called attention to the matter January 20, 1913; and after much consideration the following clause was incorporated in the Act of March 4, 1913, c. 143 (37 Stat. 791, 797 [Comp. St. 7494]):
Acting under this provision, the Postmaster General refused to allow increased compensation of 5 per centum upon all routes, but apportioned payments among them-never in excess of 5 per centum-according to a carefully worked out formula which he deemed appropriate. Appellee sued for the difference between amount actually received and what it would have received if five per centum had been added. Considering history of the legislation and intent of Congress supposed to be indicated thereby the Court of Claims held that the act--
The judgment below must be reversed and the cause remanded with direction to dismiss the petition.
Reversed and remanded.