Summary

Joseph P. Bradley Union Pacific Railroad Company v…

The interest accruing on the first mortgage is as much payable out of the net earnings as the five per cent payable to government is. It is the proper fund out of which to pay both; and if but one can be paid, the former has the precedence; or else the whole government debt might be paid to the exclusion of the first mortgage, which is admitted to have the priority. Such a result would be manifestly absurd.
The truth is, that the provision for paying five per cent of the net earnings on the subsidy debt was a provision for payment out of a particular fund.
Source: Wikisource

Joseph P. Bradley Union Pacific Railroad Company v…

As a general proposition, net earnings are the excess of the gross earnings over the expenditures defrayed in producing them, aside from, and exclusive of, the expenditure of capital laid out in constructing and equipping the works themselves. It may often be difficult to draw a precise line between expenditures for construction, and the ordinary expenses incident to operating and maintaining the road and works of a railroad company.
Source: Wikisource

Joseph P. Bradley Union Pacific Railroad Company v…

It is a question between two parties having a claim against a common fund, and one of them having a priority over the other.
It may, perhaps, be urged that the first-mortgage bondholders have no lien on the net earnings. But it has the same lien that the government has. Both liens are coextensive with the whole property of the company, so far at least as relates to the railroad and telegraph lines and their equipment and all property appurtenant thereto. There is a direction, it is true, that if the company makes net earnings, it shall pay five per cent thereof on its debt to the government.
Source: Wikisource

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