Pennsylvania Mining & Improvement Co. v. Everett & Monte Cristo Railway Co.

Citations

• 29 Wash. 102
• 69 P. 628
• 1902 Wash. LEXIS 560

Syllabus

<p>PUBLIC LANDS-GRANT OF RIGHT-OF-WAY- — DEFINITE LOCATION.</p> <p>Under 18 St. at Large, 482, which grants a right-of-way through the public land of the United States to any railroad company which shall file with the secretary of the interior a copy of its articles of incorporation and proof of organization thereunder, upon the condition that such railway company shall, within twelve months after the location of any section of twenty miles of its road, file with the register of the local land office a profile of its road, and upon approval thereof by the secretary of the interior the same shall he noted upon the plats of said office and thereafter all such lands shall be disposed of subject' to such right-of-way, a railway company which constructed its line upon unsurveyed public land thereby definitely located its right-of-way and has title thereto, as against a subsequent locator of a mining claim, although the officers of the land department declined to accept the profile until the survey of such lands.</p>