Stephen Johnson Field

“ The lands were granted to aid in the construction of the railroad and telegraph line, and it is manifest from different provisions of the act that congress intended to secure this application of them. Whatever disposition might be made by the company of the lands after they became, by the definite location of the road, capable of identification, they were subject to the control of congress, either to compel their application for the construction of the road contemplated, or to enforce their forfeiture if the road was not completed as required by the act. ”

“ An equal grant of land, and of like extent and upon like conditions, was made to the Central Pacific Railroad Company of California as was in terms made to the Union Pacific Railroad Company. By the same law the rights and obligations of both must be determined. By the third section the grant was made. ”

“ But it is contended that the natural import of the granting terms of the act is qualified and restricted by its fourth section, which, as amended by the act of 1864, provides that upon the completion of not less than 20 consecutive miles of the road and telegraph line in the manner required, and their acceptance by the president upon the report of commissioners appointed to examine the work, patents shall issue to the company conveying the right and title to said lands on each side of the road as far as the same is completed. ”