United States v. Chicago, M. & St. P. Ry. Co.

DIETRTCH, District Judge.

This is a suit in equity exhibiting a controversy between the United States and the Chicago, Milwaukee & St. Paul Railway Company of Idaho, primarily involving the question of the conditions under which a railroad company may acquire a right of way through lands embraced in a national forest. The right of way hére in controversy is that claimed by the defendant through the Cceur d’Alene reserve, in the northern part of Idaho. In chronological order, the salient facts may be stated about as follows:

On March 21, 1905, the Commissioner of the General Rand Office, by…