Stephen Johnson Field

“ As to the want of compliance with the conditions imposed by the laws of Nebraska, allowing railroad companies organized in other states to extend and build their roads within its limits, it is sufficient to say that when the grant was made to the company Nebraska was a territory, and it was entirely competent for congress to confer upon a corporation of any state the right to construct a road within any of the territories of the United States. ”

“ Congress, which possesses the absolute power of alienation of the public lands, has prescribed the period at which other parties than the grantee named shall have the privilege of acquiring a right to portions of the land specified, and neither the secretary nor any other officer of the of the route established-and period by requiring something to be done subsequently, and until done, continuing the right of parties to settle on the lands as previously. ”

“ It does not appear from anything before us that the state has ever attempted to interfere with the road or the company for its delay in filing its articles of incorporation with the secretary of state, or in complying with other provisions of law. And it hardly need be added that any such interference would not operate to divest the company of its title to lands granted by the United States. ”