Chicago, Milwaukee & Saint Paul Railroad v. United States
United States Court of Claims
The Reporters’ statement of tbe case: Tbe following are tbe facts as found by tbe court: I. On tbe lltb October, 1S56, tbe State of Wisconsin granted by statute to tbe La Crosse and Milwaukee Eailroad Company •all tbe interest and estate then present or prospective of tbe State in and to any of tbe lands granted by tbe United States to tbe State of Wisconsin by tbe act of June 3, 1856, for tbe purpose of aiding- in tbe construction of a railroad from Madison or Columbus, by…
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The Reporters’ statement of tbe case: Tbe following are tbe facts as found by tbe court: I. On tbe lltb October, 1S56, tbe State of Wisconsin granted by statute to tbe La Crosse and Milwaukee Eailroad Company •all tbe interest and estate then present or prospective of tbe State in and to any of tbe lands granted by tbe United States to tbe State of Wisconsin by tbe act of June 3, 1856, for tbe purpose of aiding- in tbe construction of a railroad from Madison or Columbus, by way of Portage City, tp tbe Saint Croix Eiver or Lake, between townships 25 and 31, and from’ tbence to tbe west end of…
1Opinion of the Court
Dayis, J.,
delivered tbe opinion of tbe court:
The nature of tbe title which tbe State of Wisconsin acquired by tbe act of June 3,1850, is settled by tbe decision of tbe Supreme Court in Schulenberg v. Harriman (21 Wall., 44):
“The act passed a present interest in tbe lands designated. * * Tbe power of disposal and tbe provision for tbe lands reverting both imply what tbe first section in terms declares, that a grant is made; that is, that tbe title is transferred to tbe State. It is true that tbe route of tbe railroad, for tbe construction of which tbe grant was made, was yet to be designated,…
2Cases cited1 opinion
- Schulenberg v. HarrimanSupreme Court of the United States · 1875
3Cited by2 opinions
- Illinois Central Railroad v. United StatesUnited States Court of Claims · 1883
- Chicago & Northwestern Railway Co. v. United StatesUnited States Court of Claims · 1879