by John Marshall Harlan

“ In the eighth article, after providing that the contractor shall pay double the cost at the point of departure of articles in reference to which there was 'a loss, deficiency, or damage,' attributable to him, the contract declares: 'and no freight whatever shall be paid on stores deficient.' If in the progress of transportation the stores were reduced in weight, by reason of shrinkage or leakage, there would seem to be a deficiency in stores, within the meaning of the contract, for which deficiency no freight could be charged. ”

“ The contract is silent as to whether they shall be estimated by an air line, or by the route usually travelled by contractors in conveying government stores, or by the road over which troops ordinarily marched when going from one post or station to another. The parties, however, concurred in designating a particular person the chief quartermaster of the district of New Mexico-with power not simply to ascertain, but to fix, the distances which should govern in the settlement of the contractor's accounts for transportation. ”

“ They seem to be susceptible of no other interpretation than that the action of the chief quartermaster, in the matter of distances, was intended to be conclusive. There is neither allegation nor proof of fraud or bad faith upon his part. ”