The rule of equity invoked, which has its
origin in the injunction "No man can serve two masters," certainly did
not apply to them, because they were acting in their own interests and
were not charged with the duty of caring for others' rights, there being
no other persons interested in the subject-matter.
In view of this statement and the facts developed in the commissioners'
reports, it seems proper to recall the grants and benefits derived from
the General Government by both the Union and Central Pacific companies
for the purpose of aiding the construction of their roads.
By an act passed in 1862 it was provided that there should be advanced
to said companies by the United States, to aid in such construction, the
bonds of the Government amounting to $16,000 for every mile constructed,
as often as a section of 40 miles of said roads should be built; that
there should also be granted to said companies, upon the completion of
every said section of 40 miles of road, five entire sections of public
land for each mile so built; that the entire charges earned by said
roads on account of transportation and service for the Government should
be applied to the reimbursement of the bonds advanced by the United
States and the interest thereon, and that to secure the repayment of
the bonds so advanced, and interest, the issue and delivery to said
companies of said bonds should constitute a first mortgage on the whole
line of their roads and on their rolling stock, fixtures, and property
of every kind and description.
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