Joseph McKenna

“ The main line was, under the act of July 1, 1862, authorized to be constructed by the Union Pacific Railroad Company westward through Cheyenne to the western boundary of Nevada, and possibly farther, to meet the Central Pacific Railroad, which was authorized to build from the coast eastward. To the main line so constituted grants of land and bonds were made and a right of way was granted through all public lands '200 feet in width on each side of said railroad where it may pass over public lands.' The initial point of the Union Pacific was to the '100th meridian . ”

“ The act manifestly applies to a right of way, and there is no distinction made between 'benefits,' for the language is 'shall be entitled to all the benefits,' save that of receiving bonds. A right of way is a substantial and obvious benefit. ”

“ Baldwin, supra: 'The uncertainty as to the ultimate location of the line of the road is recognized throughout the act; and where any qualification is intended in the operation of the grant of lands, from this circumstance, it is designated. Had a similar qualification upon the absolute grant of the right of way been intended, it can hardly be doubted that it would have been expressed. The fact that none is expressed is conclusive that none exists. ”