Salt Lake Investment Co. v. Oregon Short Line R. Co., 246 U.S. 446 (1918)
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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.
Salt Lake Investment Co. v. Oregon Short Line R. Co., 246 U.S. 446 (1918)
Salt Lake Investment Company v. Oregon Short Line Railroad Company No. 29 Argued March 8, 1918 Decided April 15, 1918 246 U.S. 446
ERROR TO THE SUPREME COURT
OF THE STATE OF UTAH
Syllabus
Lands within the limits of an incorporated city, whether actually occupied or sought to be entered as a townsite or not, were excluded from acquisition under the Preemption Act.
An attempted preemption settlement on such land, and filing of declaratory statement in the local land office, do not affect the disposing power of Congress or operate to exclude the tract from subsequent grant of right of way "through the public lands" containing no excepting clause.
The Act of March 3, 1877, c. 113, 19 Stat. 392, did not confirm or provide for confirming such absolutely void preemption claims so as to disturb rights vested before the date of the act under a railroad right of way grant.
The act granting a right of way "through the public lands" to the Utah Central Railroad Company (c. 2, 16 Stat. 395) applied to public lands over which the road had been constructed within the corporate limits of Salt Lake City, but which never were occupied as a townsite or attempted to be entered as such. The Townsite Act is not inconsistent with this conclusion.
46 Utah 203 affirmed.
The case is stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Salt Lake Investment Co. v. Oregon Short Line R. Co., 246 U.S. 446 (1918) in 246 U.S. 446 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=7IZYWNDGBDV9TN6.
MLA: U.S. Supreme Court. "Syllabus." Salt Lake Investment Co. v. Oregon Short Line R. Co., 246 U.S. 446 (1918), in 246 U.S. 446, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=7IZYWNDGBDV9TN6.
Harvard: U.S. Supreme Court, 'Syllabus' in Salt Lake Investment Co. v. Oregon Short Line R. Co., 246 U.S. 446 (1918). cited in 1918, 246 U.S. 446. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=7IZYWNDGBDV9TN6.
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