Melville Fuller

“ By the act of July 25, 1866 [14 Stat. at L. 239, chap. 242] , Congress made a grant of lands in aid of the construction of a railroad and telegraph line between Portland, Oregon, and the Central Pacific Railroad in California. That grant was in the usual terms employed in such acts. Subsequently the benefit of the grant as to that part of the road to be constructed in Oregon was conferred upon the Oregon Central Railroad Company. The lands in dispute, whether place or indemnity, were within the limits of the grant of 1866. ”

“ It is as though the United States had said to the grantee: we do not know whether, along the line of road, when you finally locate it, there will be six alternate sections free from any pre-emption or other claim, and, therefore, so situated that you may take title thereto, and so we will hold from sale or disposal to anyone else an additional territory of 9 miles on either side, that within those 9 miles you may select whatever lands may be necessary to make the full quota of six sections per mile. ”