Rufus Wheeler Peckham

“ When Congress under the act of 1827 granted the alternate sections to the state throughout the whole length of the public domain, in aid of the construction of the canal, it also granted by a plain implication the right of way through the reserved sections, for it cannot be presumed the government was granting all these alternate sections to the state for the purpose avowed, and yet meant to withhold the right to pass through the sections reserved to the United States along the route of the proposed canal. ”

“ St. Joseph & D. City R. Co. v. Baldwin, 103 U.S. 426, 26 L. ed. 578; United States v. Southern P. R. Co. 146 U.S. 570, 36 L. ed. 1091, 13 Sup. Ct. Rep. 152; Id. 168 U.S. 1, 42 L. ed. 355, 18 Sup. Ct. Rep. 18. ”