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SINKING-FUND CASES

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99 U.S. 700 (1879)

25 L.Ed. 496

UNION PACIFIC RAILROAD COMPANY, v. UNITED STATES. CENTRAL PACIFIC RAILROAD COMPANY, v. GALLATIN.

Supreme Court of United States.

May 5, 1879.

Attorney(s) appearing for the Case

Mr. Samuel Shellabarger and Mr. Jeremiah M. Wilson for the Union Pacific Railroad Company.

The Attorney-General and Mr. Edwin B. Smith, Assistant Attorney-General, for the United States.

Mr. Benjamin H. Hill and Mr. S.W. Sanderson for the Central Pacific Railroad Company, and Mr. George H. Williams for Gallatin.

MR. CHIEF JUSTICE WAITE delivered the opinion of the court.

The single question presented by the case of the Union Pacific Railroad Company is as to the constitutionality of that part of the act of May 7, 1878, which establishes in the treasury of the United States a sinking-fund. The validity of the rest of the act is not necessarily involved.

It is our duty, when required in the regular course of Judicial proceedings, to declare an act of Congress void if...

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