History of the Union Pacific Railway

Cover History of the Union Pacific Railway
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To a mind untrained in legal subtleties it would seem that the Thurman Act was an encroachment by the government as sovereign lawmaker upon the rights of the railway company, for the sake of protecting the government in its role as creditor. It is therefore not strange that the railway companies refused to accept it without testing its constitutionality in the courts. The supreme court, in the natural course of events, passed upon the question and declared the Thurman Act to be constitutional.
...' Sinking-Fund Cases, 99 U. S. 732.
This decision, however, was given by the vote of but five of the nine members of the Court. Justice Hunt, on account of illness, took no part in the decision ; and Justices Field, Bradley and Strong dissented from the decision of the Court.
Justice Bradley in his dissenting opinion (99 U. S. 744). said : "That it is a plain and flat violation of the contract there can be no reasonable doubt." Justice Strong, in his dissenting opinion, said : "What, then, was the contract when it was made ?


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