Oliver Wendell Holmes, Jr.

“ Nevertheless, we are of opinion that the argument cannot prevail. It is only by a stretch that the provision for withdrawal of lands along the general route of the Atlantic & Pacific could be extended to the grant to the Southern Pacific in the Texas Pacific charter, and if it be so extended it is such a remote and probably unconsidered consequence of a reference to a reference that it cannot be allowed to outweigh the plain intent of the proviso in § 23, reinforced by the express arrangement for withdrawal in favor of the Texas Pacific in § 9. ”

“ The indemnity to the Atlantic & Pacific, by § 3 of its charter adopted for the Southern Pacific by § 18, is to be other lands 'in alternate sections, and designated by odd numbers, not more than 10 miles beyond the limits of said alternate sections, and not including the reserved numbers.' It might be argued that the last-quoted words dispose of the matter. ”

“ It is said that the company has a right to take them for that purpose if the status of the lands at the time of selection permits it. Ryan v. Central P. R. Co. 99 U.S. 382, 25 L. ed. 305. That contention seems to be disposed of by Southern P. R. Co. ”