Nathan Clifford, Railroad Company v. Smith — Dissent
“ Congress made provision, by the first section of the act of the twenty-eighth of September, 1850, that swamp and overflowed lands, 'made unfit thereby for cultivation,' and which remained unsold at the passage of the act, should be granted to the States in which the same were situated, to enable the States to construct the necessary levees and drains to reclaim the lands so granted, and render them fit for cultivation. ”
Nathan Clifford, Railroad Company v. Smith — Dissent
“ Special power is conferred upon the Secretary of the Interior to make out an accurate list and plats of the lands, and it is quite clear that a jury is no more competent to ascertain and determine whether a particular subdivision should be included, or excluded, from the list and plats required to be made under that section, than they would be to make the list and plats during the trial of a case involving the question of title. ”
Nathan Clifford, Railroad Company v. Smith — Dissent
“ Such a law was certainly unnecessary if the construction of the original act adopted in the opinion just read is correct, as in that view the original act vested a fee simple title in the States without the necessity of waiting for any action on the part of the land department; and if so, then it follows that the States may select for themselves, and if their title is questioned by the United States or by individuals, they may claim of right that the matter shall be determined by jury. ”
