St. Paul, Minneapolis & Manitoba Railway Co. v. Phelps

Citations

• 137 U.S. 528
• 11 S. Ct. 168
• 34 L. Ed. 767
• 1890 U.S. LEXIS 2116

Syllabus

<p>The grant of lands to the Territory of Minnesota by the act of March 3, 1857, 11 Stat. 195, c. 99, and the grant to the State of Minnesota by the act of March 3, 1865, 13 Stat. 526, c. 105, were grants inpraesenti, and took effect by relation upon the sections of land as of the date of the grant, when the railroads were definitely located, both as to so much of the grants as was found within the limits of the State of Minnesota as defined by the act admitting it as a State, and as to so much thereof as was within the limits of the Territory of Minnesota under the territorial organization of 1857, but was not within the limits of the State when admitted as a State.</p> <p>It cannot be safely asserted that it has been the general policy of the United States government to restrain a grant of land made to a State in aid of railways, to lands within such State, when a part'of the line of road extends into one of the Territories.</p> <p>Where the language of .a series of statutes is dubious, and open to different interpretations, the'construction put upon them by the Executive Department charged with their execution has great and generally controlling force with this court; but where a statute is free from all ambiguity, the letter' of it is not to be disregarded in favor of a presumption as to the policy of the government, even thoiigh it may, be the settled practice of the Department.</p> <p>Congress may authorize a territorial corporation to construct a railroad in a Territory, and may make land grants in aid thereof, which will be valid after a part of the Territory becomes a State.</p> <p>The various land grant statutes reviewed.</p> <p>Lands within Indian Territory, covered by said grant of March 3, 1867, passed on the extinguishment of the Indian title.</p>