52 Ct. Cl. 199 | Ct. Cl. | 1917
reviewing the facts found to be established, delivered the opinion of the court:
This is a suit brought by the plaintiff to recover from the United States land-grant deductions on transportation of men of the Arkansas National Guard or Organized Militia of that State, to and from a camp of instruction; and, second, to recover from the defendants deductions made by them, which deductions were made upon the assumption that the defendants had a right under a contract with the plaintiff to the rates of a special tariff of the plaintiff.
The facts as to the second contention of the defendants are that on the 20th day of July, 1912, the plaintiff made an agreement in writing with the defendants, by which the plaintiff agreed to transport a certain number of officers and men of the Arkansas Organized Militia from certain points on its line of railway to a camp of instruction at the rates set out in detail in said agreement. It was also specified in said agreement as follows: “The above rates are net cash and not subject to further deductions unless it be subsequently found that they are in excess of regular tariff rates, less land-grant or other lawful deductions to which the Government is entitled; then the lower rate will govern in the settlement.” The plaintiff had established a one-way party tariff, issued May 8, 1912, which rate was lower than that provided for in the contract between the parties. Attached to this special rate was this condition: “ Fares shown in this tariff apply only when tickets are purchased before getting-on train.”
The defendants claim that they are entitled to deduct from the claim of the plaintiff the difference between this special rate and the rate agreed upon by the parties in their written agreement, and insist that this rate comes within the meaning of the words “regular tariff rates” mentioned in the contract.
The tariff above referred to was a special tariff. In order to take advantage of it certain conditions had to be complied with. It does not appear that the defendants complied