David Josiah Brewer

“ In other words, one who has taken land under the pre-emption or homestead law acquires an equity of which he cannot be deprived by any individual under the like laws. Now, at the time of the passage of the act of July 3, 1866, Blou was and had been, for several months, in actual occupation under the homestead law. Did Congress intend by its legislation to deprive him of that equity which he had under the general land laws as against anyone proceeding under those laws? ”

“ The contrary appears here. The railway company not only did not disturb the possession of the settler for nearly forty years, but, on the other hand, purchased and paid him for a right of way through the tract. ”

“ In other words, it was held that although Congress had, in 1854, created the territory of Nebraska, with the provision that when the lands within it were surveyed, sections 16 and 36 in each township should be reserved for school purposes, it meant by the act of 1862 to grant a right of way to the railroad company through lands which should thereafter be found to be those sections. ”