Joseph P. Bradley

“ This view was based upon the practice and usage of conservative and well-managed railroad companies, which tended to the suppression of extravagant dividends that might be the result of a showing of large net earnings. But congress, in the Thurman act, ex industria used language with regard to the character of the expenses to be allowed in ascertaining the amount of net earnings which seems to preclude any charges for improvements or betterments or increase of permanent value of the works in any manner whatever. ”

“ The claimant, the Central Pacific Railroad Company, filed a petition, October 31, 1887, to recover from the United States the sum of $804,094.31, alleged to be due for services rendered to the war, post-office, and other departments, and the sum of $321,157.72, alleged to have been exacted by the treasury department, and paid by the claimant, in excess of the amount actually due from the claimant to the government for the 25 per cent. net earnings required to be paid by the fourth section of the act known as the 'Thurman Act,' passed May 7, 1878. ”