Summary

Portrait of Stephen Johnson Field Stephen Johnson Field Winona St v. Barney — Opinion of the Court

If at that time it be found that of the lands designated any have been disposed of or rights of settlers have attached to them, other equivalent lands may be selected in their place, within certain prescribed limits.' The encouragement to settlement by aid for the construction of railways was not intended to interfere with the policy of encouraging such settlement by sales of the land, or the grant of pre-emption rights.
Source: Wikisource

Portrait of Stephen Johnson Field Stephen Johnson Field Winona St v. Barney — Opinion of the Court

The language of the section is 'that any lands which may have been granted to the territory or state of Minnesota for the purpose of aiding in the construction of any railroad, which lands may be located within the limits of this extension of such grant or grants, shall be deducted from the full quantity of lands hereby granted.' The only lands granted by the act of 1865 are the four sections for each mile additional to the original six, accompanied with a right to select indemnity lands within 20 miles of the road.
Source: Wikisource

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