Northern Pacific Railroad v. Traill County

Citations

• 115 U.S. 600
• 6 S. Ct. 201
• 29 L. Ed. 477
• 1885 U.S. LEXIS 1874

Syllabus

<p>The provisions in the act of July 17, 1870, 16 Stat. 391 (on page 305), that the lands granted to the Northern Pacific Railroad Company by the act of July 2, 1864, 13 Stat. 365, shall not be conveyed to the company or any party entitled thereto, “ until there shall first be paid into the treasury of the United States the cost of surveying, selecting, and conveying the same by the company or party in interest,” exempts these lands from State or Territorial taxation until such payment is made into the treasury.</p> <p>The Northern Pacific Eailroad Company has acquired no equitable interest in the lands so granted to it, by reason of completing its road and thus earning the granted lands, which is subject to State or Territorial taxation before such payment is made into the-treasury of the United States.</p> <p>When an act granting public lands to aid in the construction of a railroad provides that patents shall issue from time to time, as sections of the road are completed, but reserves to Congress the right at any time “ to add to, alter, amend, or repeal this act,” “ having due regard for the rights of the company,” Congress may, without violating-the Constitution of the United States, by subsequent act passed before any of the road is constructed, or any of the land earned, require the cost of surveying, selecting, and con.veying'the land to be paid into the treasury of the1 United States before ' the conveyance of the granted lands to any party entitled thereto.</p> <p>The principles on which Railway Co. v. Prescott, 16. Wall. 603, and Railway Co. v. McShane, 33 Wall. 444, were decided, are restated, so far as they are applied to this ease.</p>