Melville Fuller

“ We recite the most essential features:
Section 1 authorized the Atlantic & Pacific Railroad Company to construct its road, vesting it with all powers necessary for that purpose (14 Stat. 293) ; and section 3 made grants of land to the company 'to secure the safe and speedy transportation of the mails, troops, munitions of war, and public stores' over the route of its line of railway and branches (Id. 294) . This was a plain exercise of the power 'to establish post roads,' and of the implied power to construct military roads. ”

“ The federal franchises for the construction of the Southern Pacific Railroad from the Pacific coast to the eastern boundary line of California as a part of a continuous military and post road across the continent established by congress could have had no rival in a state franchise for the construction of the same road; but in order that this might never be questioned, the legislature of the state of California obliterated its own franchise when it ratified and confirmed the franchises given by the federal government to the Southern Pacific Railroad Company. ”