Stephen Johnson Field

“ In the construction of land-grant acts in aid of railroads there is a wellestablished distinction observed between 'granted lands' and 'indemnity lands.' The former are those falling within the limits specially designated, and the title to which attaches when the lands are located by an approved and accepted survey of the line of the road filed in the land department, as of the date of the act of congress. ”

“ The first decision is the law of the case, and must control its disposition; but the rule does not apply to expressions of opinion on matters, the disposition of which was not required for the decision. ”

“ By an act of congress passed March 3, 1857, a grant of land was made to Minnesota, then a territory, to aid in the construction of certain railroads, including one from Winona, a town on the Mississippi river, to a point on the Big Sioux river, in the present territory of Dakota. 11 St. 195. The grant was of every alternate section, designated by odd numbers, for six sections in width on each side of the road, subject to certain exceptions, not important to be here mentioned, with a right to select indemnity lands within 15 miles from the line of the road. ”