Rufus Wheeler Peckham

“ That in all cases where written contracts have been made with companies the contracts have provided for the transportation of their agents; but in cases of what are called 'recognized service'-that is, where the companies carry the mails for the compensation fixed by law without express contracts being made-the department has relied upon the regulation, the terms of the commission, and the long-established usage to secure the transportation of these officers.' The court of claims decided that the claimant was not entitled to recover, and dismissed its petition. ”

“ It is urged that under these various sections applicable to the various companies forming the Central Pacific Railroad Company nothing is left to the judgment of or the regulation by the postmaster general, nor has congress, at any time, delegated or attempted to delegate to him the right to refuse payment of compensation to any of the railroads for the transportation of government officials ”

“ The company was informed by the contents of the commission that the right of free transportation was claimed, and when it was accorded pursuant to the claim, and no demand made for payment at the time, or for years thereafter, until the commencement of this suit, such acquiescence amounts to a clear and conclusive waiver on the part of the company of any right to now demand such payment. ”