Indemnity Lands of Northern Pacific Railroad Co Argument of James Mcnaught Co

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Indemnity Lands of Northern Pacific Railroad Co Argument of James Mcnaught Co
James Mcnaught
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" The words, " sections above specified, " in said act are synonymous with " said alternate sec- tions" used in defining the indemnity belt in the act of July 2, 1864. Section 4 of the act of March 3, 1857, provides that, after the completion of the first 20 miles of road, on the completion of each continuous 20 miles thereafter, the company may sell 120 sec- tions of land for said 20 continuous miles of road as aforesaid; and it is specifically provided in section 4 that the said 120 sections ...of land must be included within a continuous length of 20 miles of such roads or branches. In the first section of said act Congress provides for the appointment of agents to make selec- tions of lands by the future state. We have shown conclusively by the history of the act that it was the intention of Congress to provide for the building of the Winona & St. Peter road into the territory of Dakota; notwithstanding such an intention, and the requirement that the road should* be constructed in sections of twenty miles, the interior department arid the courts have uniformly held under said act that selections could be made in Dakota for losses in Min- nesota.

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