Joseph McKenna

“ As we have seen, the railroad company made land grant deductions from commercial rates in the bills it rendered. It does not now show fraud or mistake of fact; its only excuse is that its 'officers believed that the shipments belonged to the United States.' It is not charged that the belief was engendered by any practices or artifices of the officers of the United States, and it seems to have had continuity for a long time. ”

“ The years of the shipments and the roads over which they were to be transported are given in finding V and the finding recites:
'These materials and supplies were all purchased on invitation to bidders, proposals of bidders, and vouchers, on which payments were made to the sellers. The form of invitation on which bids were made invariably read: 'The prices will be for the articles delivered f. o. b. cars at [the place of shipment] . The successful bidder will procure the cars, but the United States will pay the freight and furnish shipping instructions and bills of lading. ”