WIsqONSIN .

B. c:;O.V. FQRSYTHE.

867

were occasioned entirely by the negligencl,'!or improper conduct of the defendant, Or whether the' plaintiff himself so far contribgted to them by his own negligence or want of ordinary care and caution that but for such negligEmceor,want of caution on his part the misfortune , would not have happened. If you find that the defendant's employes negligent, and that the plaintiff's injuries were occasioned entirely by their negligence or improper conduct, then your verdict should be for the plaintiff. ,ButU, on the, other hand, you are satis;£iedthat the defendant's employes were not 'negligent on the ollcasionin question, or if they; Were negligent, and you find thlitplaintiff himself so farcontributed tohis injuries, by negligence or want of c81'eand caution, tnlJ"t b\lt fo'r his negligence or want of and caution he, would not haNe' been injl,lred, then, in either of such events, your verdict should be for the defendant. If" in view of the testimony and the foregoing instructions, yourverdict be in favor of the plaintHf, you will a\vard him such an amount of actual damages as will compensate him for the injuries he has sustained. In making your estimate of such damages you are authorir,ed to take into consideration the phy$icaland mental suffering of the plaintiff, the probable efrectofthe injury in future upon his health, and the use of his injured limbs, and his ability to labor and attend to his affairs, and, generally, anY reduction of hie power and capacity to earn money and pursue the course of life which he might otherwise have done. Railroad Co. v. RandaU, 50 Tex. 261; Brown v. Sullivan, 71 Tex. 476, 10 S. W. Rep. 288. The of the law in cases like the present i,8 simply 1.0 compensate the injured party for the injuries he has sustained; nothing more. You are the exclusive judges of the credibility of the witnesses and of the weight to which their testimony may beeutitled, and you are authorized, in reaching a conclusion upon the issues in the case, to base your finding upon a preponderance of the evidence. As impartial jurors, you will fairly consider the issues betweenthe parties, and rench such a conclusion as will commend itself to your own judgments, and such as will attll.in,aB nearly as you may be able, the very right and justice of the cause.

WlSCONSINCENT.

R. Co. 17. FORSYTHE.

SAME "'. LENTY.

SAME 'D.

BEKKEN.

(Circuit Court, W. D. WiBconnno .September 15, 1890.)
PmlLIO LA.'tDS-RESERVATIONS AND DONATIONS.

City, to tbe St. Croix river or lake, .between townships 25 and 81, and from thence to the west end of Lake Superior, and to Bayfield, and also from Fond du Lac, on Lake. Winnebago, northerly to the state line,every alteruate section of land desiltI18ted by odd numbers for silt sectioDs in width on each side of said roads, respectively," with indemnIty limits of 15 miles from each road; the lands unsold to revert ;to the United Stata, unless the roads were completed within 10 years. In anticipation i)f;tIm passage of tbat act, tba commisBioner of the laDd-01tice, May 29, 18W,

in the construction of"a railroad from Madison or Columbus. by the way of Portage

Congrellf, by an act approved June a, 185t1, (11 Bt. 20,) granted to Wisconsin, to aid

868

FEDERAL REPORTER,

vol. 43.

o

directed the registers and receivers of ,the districts in which these lands were to suspend sales and locations until further orders. This grant was duly a<;cepted,by the state, and the benefit of it conferred upon a railroad company. The map of ([efinite location of the Bayfield branch was filed July 17,1858, and was approved. After the final location of that brancll, the commissionel' of the land-office made an order withdrawing and reserving from entry and location all the odd-numbered sections, outside the 6 aod within ,tli.e 15 mile indemnity limits, of certain roads, ' described in the act of 1856, excluding the Bayfield branch. Prior to May 5, 1864, nothing had been done under the act of 1856 except to construct the road from Portage to Tomah, and to definitely locate the Bayfield, branch. On that d3r cong1'ess passed 3nother act, granting _ the state, "for the purpose of aiding In the to constrnotion of a railroad from a point on' the St. Croix river or lake, between townships 25 and 81, to the west end ,Of Lake Superior, and from some point on the line of said railroad, to be selected by said state, to Bayfield,every alternate section of public land designated by odd numbers, for ten sections in width on each side of said road, deducting any and all lands that !nay have been granted to the state of Wisconsin, for the same purpose," by the act of congress of June 8,1856, "upon the same terms and conditions" as are contained in the latter act, with indemnity limits of 20 miles. The second and third sections granted to the state a like amount of place limits, with like indemnity limits, to aid in the construction of railroads, respectively, from Tomah to the St. Croix river or lake, and fi'om designatedplaces in the eastern part of the state, in a north,.westerly direction to Bayfield; and thence to Superior; on Lake Sunerior. But its sixth section provided: "That any and all lands reserved to the United States by any act of congress for the purpose of aiding in any object of internal improvement, or in any"manner, for any purpose whatsoever1 and all mineral lands, be" and the same are, hereby, reserved and oxcluded from the operation of this act, except so far as it may be found necessary to locate the route of such ,railroads tbrough sucb reserved lands; in which case tbe right of way only shall be granted, subject to the approval of the Iiresident of the United States." 13 St. 66. The road described in' the third sectiouQf the act of 1864 was constructed by the Wisconsin Central B,ailroad Company, and that company became entitled to the benefit of the grant made by that section. Its road was' definitely located November 10,18119. The road extending from a point north of' St. Oroix river or lake to Bayfield belongs to what is called - tlle "QmahaCompany." The lines of that road and of the Central road approach each other as they, respectively, approach Lake Superior, so that the place limits oftha Central road overlapped the origina115-mile indemnity limits of the Bayfield 'branch ,of the Omaha Company. Those two companies entered into an agreement whereby the Central Company was 1io have patents for all the lands in the overlap east of the easterly 10-mile limit of the Bayfield branch of the ()maha Company, and north and east of the westerly 10-mile limit of the Central road, while the 'Omaha Company was to have all the other lands within the overlap of the grants. The Central Company got from the state for all the lands situated on either side of, and coterminous with, said completed portions of its road. These patents covered the lands in dispute, which are outside and east of- the enlarged limits"(10 sectiQnsipl'llidtb,on each side of the Bayfield branChb) and Within. the I5-mile indemnity limIts of that road. They are alllO within the 1 -mile place hmU;s dt, the 'Central road as defined by theaot of 1864. The Central ·Company, re,cei:vied from the Company a deed of release covering those lands and others swi arly situated. In 1887theOinaha Company had a final adjustment of its land grant, when Secretary Lamar ruled (6 Do". Dep. Int.190) that the lands within the original indemnity limits of the Bayfield branch, as defined in the act of 1856, were, by orders of the secretary, "reserved to the United States" at the date of the passage of the act of 1864, and therefore were not included in the grant by that aot. Upon a rehearing of that question before Secretary Noble (10 Dec. Dep. Int. 63) the same ruling was made. After these rulings, the lands here claImed by the CenQpmpany weree1;ltere4 unde,r th,e homestead and pre-emptionlaws of the United States, Qnd patented to'the defendant. (I) The purpose of the act of 1864 was to break the continuity of the original line from TomahJ via St. Croix river or lake, to the WOllt end of Lake Superior and to Bayfield, ana to devote to the construction Of separate and distlnot portions of that'line an increased quantity of lands beyond the amount granted by, or which could have been made available under, the act of 1856. (2) The act of 1864 did not wholly displace the act of 1856, Imd 1Ilakean entirely new, independent grant as of its date of tbe place lands to the of 10 full sections in width on each side of the particular roads therein mentioned, with indemnity <limits of 20 miles, .butl in legal effect, granted 4 additiOnal sectiolls in width· of plaoelands, with indemmty limits enlarged from 15 to 20 miles, . &J1doOnfirmed the pre.vious grant of 6 sections in width of place lands, with 15 milcll indemnitrlimits;ill,otber words,as to the Bayfield road, it converted 4, miles '.ot· the, originallUdemnity limits, as defined: in the act of 1856, into place limits,_ and add&4 5.miles on each side of the place limits, thus enlarged, to the indemnity lim' lw,lello'Ving untouohed in all other respects the original grant of' lands for that road.

WISCOI;SIN CENT. R. CO. V. FORSYTHE.

869

(8) Except as to tbat part afthe indemnity lands converted by tbe firs.t section of the act of 1864 into place lands of tbe Bayfield road, the orders of the secretary of the interior, made prior to that year, withdrawing from sale and location for the benefit,01 that road its entire indemnity lands, was abrogated or annulled by that act, congress not intending to deprive tbe Bayfield road of any part of the indemnity lands. (4) The lands within tbe original indemnity limits of the BaYfield road, embraced in the withdraw.als from sale and location by tbe secretary of the interior, prior to the passage of the act of 1864, were not granted by; but were excluded from tbe operation of, that act, because, witbin its meaning, and according to the decisions of tbe supreme court, they had been, and tben were; by reason of such withdrawals, U reserved to the United States. .. (5) Althoughthe object of such withdrawals, namely, to supply deficiencies in the place limits of the Bayfield road. was fUlly satisfied by the adjustment made with the Omaha.Com;. pany of tbe for the benefit of that road. the lands so witbdrawn, although falling within the outer lines of the place limits of the Central road, did not become property of the Central Company, because, baving been" reserved to the. United States "prior to 1864, they were excluded altogether from t4e operation of that act, and could not be brought u.nder it by reason of their not being finally needed for the Bayfield road. (6) The agreement between the Omaba and Central Companiesi and the deed of release from the former to the latter was of no avail, as against the United States, because the Omaha Company acqUIred no legal interest in the lands in dispute which it could transfer to the other company, tbe lands never having been selected and set apart by tbe land department for the Bayfield road. Until indemnity lands are so specially selected and set apart, the title and right of property therein remains in the United State"

At Law. Pinny Sanborn, W. F. Vilas, and Ge.orge A. Jenka, for plaintiff. Gee. G. Greene and A. W. for defendant. Before HARLAN, Justice, and BUNN, J. HARLAN, Justice. This action of ejectment involves the title to thtl S. W. ,I of section 11, township 47 N., of rn nge 4 W., in Ashland county, WiscoJ'l'lin, which the plaintiff, the Wisconsin Central Railroad Complihy, claims to own, and of which the defendant, William O. Forsythe, is hi ses!>ion. . The latter title in himself, and denies that the cOll1pany has aliY, intp.rest in the premises. The plaintiff's claim of ownership rests, primarily, upon the third section of an act of congress, approved May 5, 1864, granting lands to Wisconsin in aid of theconstructiori of railroads in certain parts of that state. 13 St.· 66. The denying that the lands in. dispute were included in those so granted, 'avers that they constituted a part of other lands, which, at the time of the passage of the above act, were reserved to the United States for, the purposes of a previous act, approved June 3,1856, granting lands to aid in the construction of certain railroads in the same state. 11 St. 20. The defense is also based upon certain proceedings and decisionsin interior department, under or in consequence of which the defendant was permitted to enter, and did enter, the lands in dispute, in accordimce with the laws of the United States relating to the public domain. After the evidence was concluded, the j;ury were directed to return a verdict for the plaintiff, subject to the opinion of the court on a motion for judgment upon the verdict or on a motion for new trial. Such a verdict having been returneq, the jury were discharged. The case is'noW before tpe court upon a motion by the plaintiff for judgment in its favor. as well as upon a motion by the defendant to set aside the verdiot and award & new, trid '

$70
".

qf;thll

JlEPORTER, vol.

43.

purpoSe Of IIldl\lgln the railroad from Madi.aou, or Columbus, -by the way of Portage City, to too St. Oroix river or lake, between tOwnships r; ,twentY-,fivl:'and thirty-one,aMfrpIi1 tllence to the westen d df Laj(e a1s.o du Lac on Lake Winnebago, northerly ,to the state IlolJ. every alternate section of land designated ,by odd numbers for six sections in width on oochside of said roads respectively. But in case it shall appear that the UhiLed'States have, when the Jines or routes of said roads are definitely fixed, sold any sections or parts thereof granted as aforesaid, or that the right of pre-emption has attached to the same, then it shall be lawful fq\',a"y, agent oIl,agent.s; tQ be appointed ,by. the 'governor of said of the secretary of the interior, from state, to select, subject tq, the lands of the Unitec! States nearest to the tier of s.ectionsabove specified so much land in alternate sectioris or parts 01' sf'ctions as shall be equal to such lands as the United States have sold or otherwise appropriated, or to Qfpre,emptionhas':attached, as aforesaid, which landS (thus slliected in lieu oftposesold and, to which pre-emption hils attached, as afore,sections designated by odd numbers . 8S aforesaid, and appropriatejJ. ",s,aforesaid) shall be ,lIald by the state of Wisconsin for the lise and plli:pdse aforesaid: provided, that the lands to be 80 located shall in no case be further'than fifteen miles it'om the line of the ,roads in each case, and selected for and on account of said roads: provided, :further; that the lands hereby granted shall b(l.exclusivelyapplled in the conroad for which it .was granted and sl'lected j and shall be disstruction of only as the work progresses, and the same shall be applied to no other purpose whalsoev,er:. and prOVided. further, that lIIlY lind all lands reserved to the United States by any actof congress, for the purpose of aiding in any object of internal impl'ovement; orin any manner. for any purpose whatsO-: ever, be, lind the same are hereby, reserved to the United States from the operati{)Uof this act; except far as it may be found necessary to locate the route of said raih:oads through such resel'vl'd lands, in which case the right of way only'shall be granted, subject to the approval of the president of the United States. , "§2. 'that the sections and parts of sections of land which, by such grant, 8hall remain to the United States within six miles on each side of said roads, shall nat be sold for less than dOUble the minimum priCe of the pUblic lands when sold,: Ilor:sh!tll any ,of said landltbecomesubject to private entry until the same have been first offeredatpu:blic sale at the, increased price. S. That t,hll; ..hereby gra,nted to said state sl;l.,all, be subject to the disposal of the for .thepurposes . and no other, and the said rat1roads shall 'be,aridremain public highW'aysfpr the use afthe government oftlie United !States, free, from toll or other charge upon the transportation of property 01' troops oitheD nited'Stlttesi "§ 4. That the lands hereby granted to said state shall: be disposed of by

.the premisesiri! part by of the /lct of1864,mald of the construction 'of,;theroad therein; mentioned, which ;roadis now owned l'indoperlilted'by the ,plaJntiff.;.As' 'the acts of 1,856 anq 1864 relate to the same general subject, wewjllbe aided in our'interpretation of the latter by aaC,ettaining prior to its. passage, in execution of the former. The 3, "An act grantii;lgpublic lands to the statetlf\\T,is«onsin,to!tid"inthe of railroads in said state," words; ,';", , ," That ))e:: is t.o the state ofW;ljiconsiR, for the

,,§

·
WISCONSIN CENT. R,

co. v;

FORSYTHE.

871

Ilaldstate only in the manner following, that is to say: that a quantity of land, not exceeding one hundred and twenty sections, and .included within a contil1uouslength of twenty miles of roads, respectively, may be sold; and, when the governor of said state shall certify to the secret,aryof the interior that any twentJ' continuous: miles of either of said roads are completed, then another like quantity of land her-eby grantl'd may be sold, and so from time to time until said roads are completed; and if said roads are not completed within ten years, no fU,rther sales shall be ,made, and the lands unsold shall revert to the United States. ' , "§ 5. That the United Slates mail shall be transported over said roads. under the direction of the post-office department. at such price as congress may, by law direct: provided, lhat until such price is fixed by law, the general shall have the power to determine same. OJ 11 St. 20. In anticipation, as we suppose,' of the passage ofthis act, the commis-sionerof the land-office, under' date of May 29, 1856, directed the rePoint, Menaspa, gisters and receivers at La Crosse, Hndson, Stevens' Point, and Superior, Wisconsin, to snspend from sale and 10cationalUhe lands in their j'espective districts until further orders; and on the 12th of June, 1856, he sent to the sanieofficers a communication in these words: ' "By my telegraphic dispatch of the 29th ult.', you were requested to sllsperid from sale or location until further orders all the lahdsin your districts. The lands from sale gl'tlnled to the object of this withdrawal was to protect state fQrrailroad purposes, by a bill which has passed both houses 'of congl'ess, which baving been approved by the president on the 3d instant, and thus becomea IllW, I have to request that you will continue the reservation until otherwise directed. The governor has this' dliy been' ad'vised and'requ6stoo to furnisb in advance sketch maps of the· route of' the roads, with a, view of releasing aamany of the lands as can be safely returned, without interfering with the pqblic limits of selection, and also a! the maps of actual finallocations, oD.tllereceipt of which latter a further reduction may be made;" The contained in the above act was formally accepted by,tha state by an llctapproved October 8, 1856, (Gen. Laws Wis. 1856, c.' 118j) and, by an act approved October 11, 1856, it conf¢rred the benefit of the grant 'ttpon the La Qrosse & Milwaukee Railroad Company, a corporation of Wisconsin, (ld. c. 122.) On the 26th of October, 1856, the commissioner of the general landoffice iSsued an order to the registers and receivers at Superior City, Hudson, and EauClaire, Wisconsin, in which he said: ' , "Upon the filing in your office of duly-certified map of the line .of route, as definitely fixed, of lIny of the roads referred to in the act entitled · An act gra.nting publif' lands to the state of Wisconsin. to aid in the COllstruction of railrooo!!.in sllchstate.' approved June 3.1856, yot1wiIl, without waiting fol,' f,urther instrllctions from, this office. cease to permitl<>&ations, :by: entries for any pllrppsewhatever. of the land within fifteen.miles or " ' , of said route. OJ By. an act approved March 5:, 1857, the St. Croix & Lake s.uperior Railroad Company, a Wisconsin corporation, was authorized to receive right, from the 'La ,Crosse & MilwaukeeRailroadCompan'y all the title,and interest in the above lands, or any part thereof, lying north of

·
FEDERAL REPORTER,vol.

·

43.

the. poontoll'place where the road of tlie La Crosse & Milwaukee RaiIintersect the St. Croix river Or )ake, or other point wbicl1 rilayQEi·determined upon by the said last-named company, or such portioll, said companies may agree." P. & L. Laws Wis. 181)7;0. 230. Under this act, a deed of division was made March 10, 1857, between the La Crosse & Milwaukee Railroad· Company and the St. Croix & Lake Su perior Railroad· C&mpany. By that deed the former company conveyed to the latter nIl its "Inapd, of. land. designated by odd numbers, for six. ,in width on each side of said road, from the point afort'said on the St; Croi'Griver or lake ,to the west end of Lake Superior, and from any point on said last aforesaid route to Bayfield, together with such lands. within ,miles the line or route of said road or roads, as shall be selected, in pursuance .QfslI,id act of 'congress" 1856!] iulieu of any sections which shalllmv,e been sold by the U;nited states, or to the right of prehas attached." _. , ,

0"

) This deedwaB recorded in the office of the secretary of state of Wisconsin, November 19. 1857. The 111ap of definite location of the main line of St. Croix & Lake Superior Railroad Company north ftom St. ()roix river orlake to the;west end of' -Lake Superior Was filed March 2. 1858;. that of its Bayfield branch, July 17, 1858. These maps were filed under the act of June 3i 1856. On the 1st of March, 1859, after tbefinal location of the Bflyfield branch, thecoll1missioner ofthe land-office made, an order, adto. the proper registers. aI;ld in these words: " "For yoor Information in the mattter, I inclose hereWith a diagram of tIle district of- Ian lis. SUbject to sale at your o1lice, upon which :has been designated the line of route and the lilll's of six and fifteen mHes limits of the St. Croix and Lake Superior and the Bayfield line of railroads, to aid in the construction of which a grant of lands was made to the state of Wisconsin by act of June 3,1856. As all the vacant lands in the odd-numbered sections outside the six and within thefifteenmiies li·mlts of the roads haVe been selected by the agentofthe state in)ieuof;tbe Jands sold and pre-empted in the alternate sectiolls granted by the above-mentioned act, such grant you will of course continue to reserve, as heretofore, from sale or location' for any purpose whatever." '

St. p. 66, c. 80.) At the. time that act was passed, only 61 miles of
the roadsconiemplated by the act of congress of June 3, 1856, had been constructed, namely. the road from Portage to Tomah. That part was constructed by the La Crosse & Milwaukee Railroad Company in the spring of 1858. Nothing had then been done in respect to other portions of the roads north of Tomah, and towards the west end of Lake Superior and to Bayfield, except to file maps of the definite location of routes; and even that much was not done in relation to the road, tioned in the act of 1856, from; Fond du Lac to Lake Winnebago northerly to the state line. As the decision of this case iturns principally upon the construction to be given to th,eactof May 5t:1864,its full text will be given. :His

Attention will now be given ,to the act of congress of May 5, 1864, (13

,
WISCONSIN CENT. R. CO. V. FORSYTHE.

873

titled" An act granting lands to aid in the construction of certain rail-' roads in the state of Wisconsin," and is as follows:

"§ 1. That there be, and is hereby. granted to the state of Wisconsin, for the purpose of aiding in the construction of a railroad from a point on the Croix river or lake, between townships twenty-five and thirty-one, to west end of Lake Superior, and from some point on the line of said railroad'. to be selected by said state. to Bayfield. evertaltemate section of pnblic land, designated byodd numbers. for ten sections in width on each side of said road, deducting any and all landS that may have been granted to the state of Wisof June three, eighteen consin for the same purpose by the act of hu ndred Bnd fifty-six. upon the same terms and conditions as are contained in the act granting lands to the state of Wisconsin to aid in the construction of railroads in said state, approved June three, eighteen hundred and fifty-six. But in case it shall appear that the United states have, when the line 'Or route of said road is definitely fixed, sold. reserved. or otherwise disposed of, any sectio,ns or parts thereof, granted as aforesaid, or that the right of ,preemption or homestead has attached to the same. then it shall be Illwful·fot any agent or agents to be appointed by saidcompllny to select, subject to the approval of the secretary of the interior, froom the public Jands of the United nearest to the tier of sections abo\'e specified, as much land in alternate sections as shall be equal to such lands as the United States have sold erwise appropriated, or to which the right of pre-emptron or homestl'ad has attached., as aforesaid, which lands, thus selected in lieu of'those 80ld, and to which pre-emption 01' homestead right has attached, as aforesaid, together with, sections aod parts of sections designated by odd numbers, as aforesaid; and approprilloted, as aforesaid. shall be held by said state for the lise and purpose aforesaid: provided, that the lands to be so selected shall in no case be further than twenty miles from the line of the said rOhds, nor shall such selection 01' location be made in lieu of lands received under the said /!rant of June 8,1856; but such selection and location may be made for the benefit of said state, and for the purpose aforesaid, to supply any deficiency uodet the said grant of. June third, eighteen hundred and fifty-six, should any such exist. I . "§ 2. 'rhat there be, and is hereby, granted to the state of Wisconshl, for the purpose of aiding in the construction of a railroad from the town of Tomah, in the county of Monroe. in said state,to the St. Croix river or lake. 'between townships twenty-five and thirty-one. every alternate section ofpnblic land. designated by odd numbers, for ten sections in width Oil each side of said road, deducting any and alllandR that may have been granted to tbe state of Wiscollsin for the samepllrpose by the act of congress granting lands to !laid state to aid in the construction of certain railroads, approved June three; eighteen hundr,ed and upon the same terms and conditions as are con" tained in the said act of June three. eighteen hundred and fifty-six. Hut in calle it shall appear that the United States have. when the line or route of said road is definitely fixed, sold, reserved, or otherwise disposed of any sections. 01' parts of sections, granted as aforesaid. or that the right of pre-emption or homelltead has attached Jeo the same, then it shall be lawful for any agent or agents. to be appointed by said state to select, subject to the approval of the secretary of the interior, from the pUblic lands of the United States nearest to,the tlarof sections above specitied, as much land. in alternate sections, or parts of.sections, as shall be equal to such lands as the United States have sold OJ: otiJerwise appropriated, or to which the right. of pre-emption or homestead has, attached, as aforesaid, wbich lands. thusllelected in lieu of those sold, and to whic,b pre-eJDption or homestead right has attached, as 'aforesaid, together with 8l!CtjQPIl Qf sectiOD.ll designated by odd numbers, as afol"esaid,and

:874
heldl:;lysaid state and purpolle aforesaid: provided, thaM4l.' lands ,to ,be so located ,shall nQ bef II rther than twenty miles from tlie' line of said road, nor shall slich' selection or location,be,madeinlieu'of,.latltls i recei,ved. l,ltlder the said grant of June three, eigb*e.enbundl'tldandtifty..sixl:butBuch selections anil may be made for tbe,b&De6tof sa;d sbate, aforesaid j:to supply any dedeieney, Ulltletithesaid:grllnt;of June.,·tbreBj eighteenbuudl'ed and fifty-six, lIhQuld: l\bYi such defioit>ncyex j s t , · : ,,','§ 3.,;That there bepabdishereby. granted to the lliiding,in ithe conetl'llctlon:of a railroad ftom' Portage city, Berlin.:.l!oty:··island.,or Fond 8ssaidstate may Q,eterm;i ne, in' a northwesterDJdk.eotion.. to Ba.1t:1eld. 'aod ,thence to Supt>rior, an Lilla Superior, BV'of.public land, designated by odd numbers; for tt'll seotionlllntwidth,oneach road, upon the sametetmsandeollditions , as arit,containedin theacli 'g.rallliing lands to said state toraid: in the construesa.id,stldjerI8ppro\'ed'Junpthref', elghteell huriJl'edand fifty"six., >.ll!tt in' case :it slllUli.appear that the United States han,when the line, lm"rolite lXi"said roalJ iso(dinitely fixed, ,sold,resel'Ved, 'or otherwise disof.,ny:st\Ctionsor. ,granted as af(lreslddjior Ithatthe right has&ttaabed to the same; I t1Jati it shall be lawful a.genbs;of$aid. state, appointed by thegovernol'theroof, to se· s.u totheapprol'ldof. thesecrelsllY olthe interiol!;'froWt.he lilhdsot the sections abovespeciflt>d;1l8'mu.ch'public land in aJternate or ,paftIt1of,seetions, as 'shall be eqllhl to'suoh lands liS the Unitf:d;Sta'e& have sold 'or ,(llllAerwise:l\piJropriated, otto which the right of pr.j,oemption.. ordlOmersteMbaS.at1iached; as ll.foresaid.wblch4ands. thus selectfllj;inlieu:,of those rsoJd.£D,d to whdbbthe right of pre-ernption or 11Qme" !'tead ,has:abtached. asafqresaid, 'together with sect!dnliand'· parts 'of 'Sections designated· by odd Dumuers".as. aforesaid, and nppropl'iated;rasaforesaid, shall be beld.by aaid:state,. or by tbecompany'towhich'shemay transfer the'same, for, tbEh·1ilSlkIUlid' purpose.: : prov.ided, tha tthe hmtls ito be 80 I'ocated allaIl lQ,oo"case be·fuftbel,'tb,an twenty 'wiles from the lim-of sll.idrOlfd,· . ."§ 4"" That the .secti.o1l8 and parta ofsectioos' of land remain to the United States within ten miles on each side of said loads shall 'not be sold for le&s thal1:,double theminimumprtoe of the when sold, nor of the ,said lltndsbecornesubject 'to Iitilt1l.te enttyUntil the 8amehave.,been,firstofl'eredatpubJic Side at the increased' price, ' ' ,.'f§S·.That :t;be,timetioced and limited :for the completion' efllaid roads i nthe actaforeaaid"of ,J'iuns three,.eighteen huntlredand ficti-six'be; al10 the same is of yeal/strom and after'th.'pa:ssage of this act; . ':J;hatlLD)': lUldalllunds reserved to the UnitedStdtee by'ur.y act of con.. gressfQl'.:thepnrPQIle of aiding in any object of i1lternall :improvell!ent, or in any mannel\,f4)l',any purpose wliatsoever', and all mi1ieral'·hmds,be, and the same are ht>reb'. ireserv:ed,and exeluded'fl'Omthe opefutibti this !lct; except so far, as,it may bEl fmlnd necessllry to Jooattl the route of s'llcbrailroads tlirough such. reserevediJanQs;in 'wbieh·case ·the'right of wayonl; fibaIl be granted, 8ubjtICt. to the the presidelltof tbeD n!t&FStatell;' '. . '." '!§ the cbmpanies towhieb this 'jgranUidnade,or to which tb. eawe·ll18ybe.transferred, shan bavecompleted:tw!entY'CObseeUlive miles of,anyrpt)l'tion!flfJsaid ;ralll'eads, supplied with all necessary drains, culverts, Viadllots,eroSBinRS.sidings, bl'idges, t urn;'outs, pluceS,depots, ments, fumiture,.and aliothel'appliI:rtf>nIl11ces:of a firaWIMSl'il'ilroltd,patents said altaIl i!ls.ue oonvey.ng the right and title wsaid lands titJed thereto, lm: each side of tIle toad, :SOlar 'as the saine is completed and oote.rmi nouswit&l, saUl, '.completed section i' Jlotlexceedinir the' amount afore-' in. like JPaliner' isaueas' eacbtwentlJmile30ftiailf road

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