Decision of the Secretary of the Interior On the Status of the Northern Pacific
Decision of the Secretary of the Interior On the Status of the Northern Pacific
United States Dept of the Interior
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Numerous cases might be cited in support of this rule. Can the Acts above cited be so interpreted as to give effect to each ? It will be noticed that the amendment of the Act of 1868 is an amendment so as to make the original Act read as follows : " That each and every grant, right and privilege herein, are so made and given to and accepted by said Northern Pacific Railway Com- pany/' etc. In the case of The Missouri, Kansas and Texas Rail- way Company vs. The Kansas Pacific Railway Com- pany, ...decided at the last term of the Supreme Court, the court say, " It is true the Act of 1864, enlarged the grant of 1862, but this was done not by words of a new and additional grant, but by a change of words in the original Act, substituting for those there used words of larger import. This mode was evidently adopted that the grant might be treated as if thus made originally ; and therefore, as against the United States, the title of the plaintiff to the enlarged quan- tity, with the exception stated, must be considered as taking effect equally with the title of the less quantity as of the date of the first Act.
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