Southern Pacific R. Co. v. United States, 223 U.S. 560 (1912)

Southern Pacific Railroad Company v. United States


No. 121


Argued January 26, 1912
Decided February 26, 1912
223 U.S. 560

APPEAL FROM THE CIRCUIT COURT OF APPEALS
FOR THE NINTH CIRCUIT

Syllabus

The Southern Pacific Railroad Company is not entitled under the Branch Line Land Grant Act of March 3, 1871, c. 122, § 23, 16 Stat. 573, 579, to select as lieu lands within the indemnity limits specified in that act any lands within the granted or indemnity limits of the grant made to Atlantic & Pacific Railroad Company by the Act of July 27, 1866, 14 Stat. 292, c. 278, and forfeited by that road under the Act of July 6, 1886, 24 Stat. 123, c. 637. Southern Pacific Railroad Co. v. United States, 168 U.S. 1, followed, and Ryan v. Railroad Co., 99 U.S. 382, distinguished.

152 F. 314 and 167 F. 574 affirmed.

The facts, which involve rights of the Southern Pacific Railroad Company under its branch line grant to lands within the overlap of the Atlantic and Pacific Railroad Company grant, are stated in the opinion.