The Lands Granted to And Withdrawn for the Benefit of the Southern Pacific Railr
The Lands Granted to And Withdrawn for the Benefit of the Southern Pacific Railr
Henry Beard
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" It is also an important fact, that under this decision the railroad of the Southern Pacific main line was built. It is also true that the decision quoted stands to-day unchanged in the Department, as the decision upon that conflict and upon the legal effect of the joint resolution, and so stood on the 6th July, 1886. It is in the nature of a judgment of a court of last resort, and is binding upon the parties and their privies in the same jurisdiction, though the interpretation of similar stat...- utes has recently been changed. The Atlantic and Pacific Company acquiesced in it. Though we regard it as of the first importance that a deci- sion upon the conflict of the main line road was made in our favor in 1874, and that the road has been constructed 32 tinder that decision, which has never been changed, yet we confidently claim that at this time the Department of the Interior is under obligation to recognize our right to all the lands of our grants both granted and indemnity lands because Our lines of railroad and telegraph opposite them had been fully completed prior to the date of the forfeiture act.
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