Louis Brandeis

“ Did the Federal Control Act merely confer authority upon the President to enter into an agreement to pay as much as the so-called 'standard return,' or did it also direct him, if such an agreement was not reached, to make payment on the basis of the 'standard return'?
Congress has power to recognize moral obligations. United States v. Realty Co., 16 S.C.t. 1120, 163 U.S. 427, 441-443, 41 L. Ed. 215. Hence it could have provided for payment on the basis of the standard return, even where there was no damage according to the rules of law ordinarily applicable to takings by eminent domain. ”

“ Recovery cannot be sought upon the contract implied in fact which, in view of the constitutional obligation justly to compensate for property taken by eminent domain, ordinarily arises on a taking of private property by the government pursuant to law, where no provision is made by statute for ascertaining the amount of compensation or for enforcing payment. ”

“ The Marion & Rye Valley Railway Company, a short line railroad, brought this suit in the Court of Claims to recover $14,425.94 as compensation for the alleged taking possession and use by the United States of its railroad during the period beginning December 28, 1917, and ending June 29, 1918. That sum is the amount which, on September 30, 1922, a board of referees appointed by the Interstate Commerce Commission, pursuant to section 3 of the Federal Control Act, March 21, 1918, c. 25, 40 Stat. 451, 454 (Comp. St. 1918, Comp. St. Ann. Supp. 1919, § 3115 3/4 c) found to be just. ”