Rogge

The United States brought suit in the district court to recover tolls sought to be collected from appellants pursuant to a regulation of the Secretary of the Interior imposing tolls on certain freight and merchandise transported over the Richardson Highway in Alaska. Judgment was rendered in favor of the United States and appellants appealed.

The Richardson Highway was established during the Gold Rush in 1902 over public lands. In 1906 the Board of Road Commissioners for Alaska, under the direction of the Secretary of War, assumed control of the highway pursuant to an Act of Congress, January 27, 1905, c. 277, 33 Stat. 616 , 48 U.S.C.A. §§ 41 , 47, 161 et seq., 321 et seq. Since then, the road has been maintained and improved by Federal funds, made up of Congressional appropriations and road toll receipts, the appropriations greatly exceeding the tolls. Cf. Binns v. United States, 194 U.S. 486, 494 , 24 S.Ct. 816 , 48 L.Ed. 1087 .

The road is 371 miles in length, running from Valdez tO' Fairbanks, but is usable only four months out of the year. Because of this, Congress in 1914 authorized the construction of a railroad in Alaska which would operate during the entire year. This…