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United States v. Southern Pacific R. Co., 223 U.S. 565 (1912)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
United States v. Southern Pacific R. Co., 223 U.S. 565 (1912)
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United States v. Southern Pacific Railroad Company No. 128, 129 Argued January 26, 1912 Decided February 26, 1912 223 U.S. 565
APPEAL FROM THE CIRCUIT COURT OF APPEALS
FOR THE NINTH CIRCUIT
Syllabus
An indemnity grant, like the residuary clause in a will, contemplates the uncertain and looks to the future, and what the party entitled may elect to select depends upon the state of the lands at the time of selection. Ryan v. Railroad Company, 99 U.S. 382.
Under the main line grant made to the Southern Pacific Railroad Company by the Act of July 27, 1866, c. 278, § 18, 14 Stat. 292, the company can select lieu lands within the primary limits of the grant made to the Atlantic & Pacific Railroad Company by § 3 of the same act and forfeited under the Act of July 6, 1886, c. 637, 24 Stat. 123. Southern Pacific Railroad Co. v. United States, 168 U.S. 1, distinguished.
Where selections are made after a decision of this Court, the selections will not be declared illegal at the instance of the government if its claim is inconsistent with the position taken by it in the earlier case.
The facts, which involve rights of the Southern Pacific Railroad Company under its Main Line Grant to lands within the overlap of the primary limits of the Atlantic and Pacific Railroad Company land grant, are stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," United States v. Southern Pacific R. Co., 223 U.S. 565 (1912) in 223 U.S. 565 223 U.S. 566–223 U.S. 569. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=4I35D8C662EFUA7.
MLA: U.S. Supreme Court. "Syllabus." United States v. Southern Pacific R. Co., 223 U.S. 565 (1912), in 223 U.S. 565, pp. 223 U.S. 566–223 U.S. 569. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=4I35D8C662EFUA7.
Harvard: U.S. Supreme Court, 'Syllabus' in United States v. Southern Pacific R. Co., 223 U.S. 565 (1912). cited in 1912, 223 U.S. 565, pp.223 U.S. 566–223 U.S. 569. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=4I35D8C662EFUA7.
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