delivered the opinion of the court.
Appellant sued- the United States to recover the difference between amounts,-received through the Post Office Department and what it claims should have been paid for its services in carrying the mails during a series of-years, ending June .30, 1914. The demand is based upon implied contracts alleged to arise from the following circumstances. First. — Acceptance and transportation of the mails in reliance upon § 4002, Rev. Stats., as amended. This directs payment of specified sums per mile per annum according to weights; and the claim is"that because the Post Office Department improperly construed and applied it, appellant received much less than it should have. Second. — Acceptance and transportation of the mails under orders-and coercion of the Post Office Department, followed by failure to allow reasonable compensation therefor. Appellant claims its property was taken for public use and adequate compensation must be paid.
Concerning the challenged interpretation and application of § 4002, Rev. Stats., resulting in payments during each four-year term, upon the basis of weights taken
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immediately prior to the beginning of the same instead of annually, it suffices to say that the action taken accords with prior practice followed for many years; the letter of the statute permits it; the carrier submitted with full knowledge; and, impliedly at least, it was sanctioned by this court in
Delaware, Lackawanna & Western R. R. Co.
v.
United States,
We think it must be treated as settled doctrine that prior to the Act of July 28, 1916, c. 261, 39 Stat. 412, 429, — with the exception of certain roads aided by land grants — railroads -were not required by law to carry the mails.
Eastern R. R. Co.
v.
United States,
The Court of Claims (53 Ct. Clms. 222) dismissed the petition upon demurrer, and its judgment is
Affirmed.