Butte A. & P. Ry. Co. v. United States

Appellant is the owner of a railroad which, extends from Butto to Anaconda,, in the state of Montana, connecting at Butte with the Northern Pacific Railway. It was operated, under control of the federal government, from January 1,1918, to September 27,1918, on which last-mentioned date it was-released from control. Thereafter, and from September 28, 1918, to February 29, 1920, it operated under its own management. During the latter period its operating income was $2,079,693.08. Its operating expenses were’ $1,840,167.95, leaving a net income of $239,-* 525.13. It claimed from the government that it was entitled under provisions of the Transportation Act of 1920 to reimbursement for decreased income in the amount of $600,-527.35 as for the stated period after it was released from control. The Interstate Commerce Commission, acting on the application of appellant, made its certificate that the railroad company had sustained a deficit in the sum of $487,116.21, which sum in March, 1925, was paid to appellant from-the Treasury of the United States. On March 7,1927, the Commission made its order canceling the certificate upon which payment pf the “deficit” amount had been made. In…