by John Marshall Harlan

“ Certainly it was not intended by the interior department to certify the lands under the railroad act of 1856 subject to the right of the state, while holding them under that certificate, to claim them under some other and prior act. The action of the department in 1858 was intended to be final, as between the United States and the state, in respect of the lands then certified as railroad lands. If the state considered the lands to be covered by the swamp-land act, its duty was to surrender the certificate issued to it under the railroad act. ”

“ When he made such identification, then, and not before, the state was entitled to a patent, and 'on such patent' the feesimple title vested in the state. The state's title was at the outset an inchoate one, and did not become perfect as of the date of the act until a patent was issued. ”