United States v. Denver & Rio Grande Railway Co.

Citations

• 150 U.S. 1
• 14 S. Ct. 11
• 37 L. Ed. 975
• 1893 U.S. LEXIS 2341

Syllabus

<p>After the expiration of the time limited by the act of June 8, 1872, 17 Stat. 339, c. 354, for the completion of its road'to Santa Eé, if not before that time, the Denver and Rio Grande Railway Company was entitled to claim the benefit of the act of March 3, 1875, 18 Stat. 482, c. 151, upon complying with its conditions.</p> <p>The act of March 3, 1875, 18 Stat. 482, c. 151, granting a right of way to railroads through the public lands, and authorizing them to take therefrom timber or other materials necessary for the construction of their roadways, station buildings, depots, machine-shops, sidetracks, turnouts, water stations, etc., permits a railway company to use the timber or material so taken on portions of its line remote from the place from which it is taken. ■</p> <p>Inits ordinary acceptation and enlarged sense, the term “railroad” includes all structures which are necessary and-essential to its operation.</p> <p>While it is well settled that public grants are to be construed strictly as against the grantees, they are not to l?e so construed as to defeat the intent of the legislature, or to withhold what is given.</p> <p>General’legislation, offering advantages in the public lands to individuals or corporations as an inducement to the accomplishment of enterprises of a quasi public character through undeveloped public domain should receive a more liberal construction than is given .'to an ordinary private grant.</p> <p>It is not decided that the act of March 3, 1875, gave a right to taka timber from the public domain for making rolling stock; nor what .structure, if any, not enumerated in that act would constitute necessary, essential, or constituent parts of a railroad.</p>