Congressional Grants of Land in Aid of Railways

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On neither ground could exception be taken to the Senate proposition forfeiting lands op- posite to the then uncompleted portions of the roads. The time for their completion had expired and Congress was in no wise bound to extend that time. But the forfeiture of all lands earned since the expiration of the time specified in the laws has a dif- ferent aspect. It had been well understood, both by Congress and the roads, that the forfeiture did not work without Congres- sional action. The repeated... failures of Congress to so act were therefore in effect an extension of the grants and Congress was estopped from going back and annulling its previous action. In ordinary cases negative action would not have the strength of positive, but where, as in the case of grants on condition subse- quent, one party was regarded as agreeing to the acts of the other unless an express statement to the contrary was made, its nega- tive action was equivalent to a sanction of the act. It is also im- probable that such a law would have been upheld by the supreme court as they had stated in regard to the St.

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