Stephen Johnson Field,
St. Paul Company v. Northern Pacific Railroad Company…
“ Besides, the withdrawal made by the secretary of the interior of lands within the 40-mile limit on the 13th of August, 1870, preserved the lands for the benefit of the Northern Pacific Railroad from the operation of any subsequent grants to other companies not specifically declared to cover the premises. The Northern Pacific act directed that the president should cause the lands to be surveyed 40 miles in width on both sides of the entire line of the road, after the general route should be fixed, and as fast as might be required by the construction of the road ”
