land under a
grant was held void as an attempt to deprive the company of its property
without due process of law.[184] The exception of the period of federal
control from the time limit set by law upon claims against carriers for
damages caused by misrouting of goods, was read as prospective only
because the limitation was an integral part of the liability, not merely
a matter of remedy, and would violate the Fifth Amendment if
retroactive.[185] Rights against the United States arising out of
contract are protected by the Fifth Amendment; hence a statute
abrogating contracts of war risk insurance was held unconstitutional as
applied to outstanding policies.[186]

Bankruptcy Legislation

The bankruptcy power of Congress is subject to the Fifth Amendment. A
statute which authorized a court to stay proceedings for the foreclosure
of a mortgage for five years, the debtor to remain in possession at a
reasonable rental, with the option of purchasing the property at its
appraised value at the end of the stay, was held unconstitutional
because it deprived the creditor of substantial property rights acquired
prior to the passage of the act.[187] A modified law, under which the
stay was subject to termination by the Court, and which continued the
right of the creditor to have the property sold to pay the debt was
sustained.[188] Without violation of the due process clause, the sale of
collateral under the terms of a contract may be enjoined, if such sale
would hinder the preparation or consummation of a proposed railroad
reorganization, provided the injunction does no more than delay the
enforcement of the contract.[189] A provision that claims resulting from
rejection of an unexpired lease should be treated as on a parity with
provable debts, but limited to an amount equal to three years rent, was
held not to amount to a taking of property without due process of law,
since it provided a new and more certain remedy for a limited amount, in
lieu of an existing remedy inefficient and uncertain in result.[190] A
right of redemption allowed by State law upon foreclosure of a mortgage
was unavailing to defeat a plan for reorganization of a debt or
corporation where the trial court found that the claims of junior
lienholders had no value.[191]

Right To Sue the Government

A right to sue the Government on a contract is a privilege, not a
property right protected by the Constitution.[192] The right to sue for
recovery of taxes