Railroad Land Grants in Oregon: Decision and Opinion of Judge Charles E. Wolverton on Demurrers Interposed by Defendants in the Case of the United States of America V. Oregon and California Railroad Co. Et Al. Relative to a Grant of Land for Railroad Purposes in Oregon ...

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U.S. Government Printing Office, 1911 - 67 Seiten

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Seite 3 - ... every alternate section of public land, not mineral, designated by odd numbers, to the amount of twenty alternate sections per mile, on each side of said railroad line...
Seite 27 - That suits by the United States to vacate and annul any patent to lands heretofore erroneously issued under a railroad or wagon road grant shall only be brought within five years from the passage of this act, and suits to vacate and annul patents hereafter issued shall only be brought within six years after the date of the issuance of such patents...
Seite 3 - Company," its successors and assigns, for the purpose of aiding in the construction of said railroad and telegraph line to the Pacific coast, and to secure the safe and speedy transportation of the mails, troops, munitions of war, and public stores over the...
Seite 52 - And all such lands, so granted by this section, which shall not be sold or disposed of by said company within three years after the entire road shall have been completed, shall be subject to settlement and pre-emption, like other lands, at a price not exceeding one dollar and twenty-five cents per acre, to be paid to said company.
Seite 4 - ... a public highway, for the use of the government of the United States, free from toll or other charge upon the transportation of any property or troops of the United States.
Seite 4 - ... to take from the public lands adjacent to the line of said road, earth, stone, timber, and other materials for the construction thereof; said right of way is granted to said railroad to the extent of two hundred...
Seite 12 - An act granting lands to aid in the construction of a railroad and telegraph line from the Central Pacific Railroad, in California, to Portland, in Oregon...
Seite 28 - It is beyond question the duty of courts in construing statutes to give effect to the intent of the law-making power and seek for that intent in every legitimate way. But * * * first of all in the words and language employed; and if the words are free from ambiguity and doubt, and express plainly, clearly, and distinctly the sense of the framers of the instrument, there is no occasion to resort to other means of interpretation. It is not allowable to interpret what has no need of interpretation.
Seite 30 - The doctrine is firmly established that only VOL. co — 3 Opinion of the Court. 200 US that which is granted in clear and explicit terms passes by a grant of property, franchises or privileges in which the Government or the public has an interest.1 Statutory grants of that character are to be construed strictly in favor of the public...
Seite 4 - ... munitions of war, supplies and public stores upon said railroad for the government, whenever required to do so by any department thereof, and that the government shall at all times have the preference in the use of the same for all the purposes aforesaid (at fair and reasonable rates of compensation, not to exceed the amounts paid by private parties for the same kind of service...

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