Samuel Freeman Miller

“ The mode adopted by the company for rendering the grant available for the purpose for which it was made must have been anticipated by Congress when passing the act. Sales of the lands before the road is built, and in quantities such as to realize sums of much use in carrying forward the work, are known to be impossible. By means of a mortgage upon them, with a pledge to its redemption of the proceeds of the sales of the lands after their value has been greatly increased by the building of the road, the funds for the purpose can be raised, and they have never been raised by other means. ”

“ The land department of the United States, indeed, refuses to give a patent for some of the lands, not because the surveying fees are not paid, as is required in regard to the lands granted by the act of 1864, undoubtedly (and as this court has decided as to those granted in 1862 also) , but because the joint resolution of 1869 required that security should be got for the making of a certain sort of perfect road. ”

“ It requires that subsidy or other bonds shall be held as security for the expenditure, and, if they are not voluntarily given by the company, the Attorney-General is required to institute suits 'to compel the giving such security.' There is no intimation in the act that lands or patents are to be withheld as such security. ”

“ That, whether patented or not patented, the lands were not subject to taxation of the contingent right in the United States of offering them to actual settlers at $1.25 per acre, in case the company did not sell the same within three years from the completion of the road ”

“ Even if the United States has some claim against the lands for surveying fees or anything else, it is difficult to see how it could be prejudiced by a sale of them for taxes. This court said in the case of Carroll v. ”