United States v. Grand Rapids & I. R.

Citations

• 165 F. 297
• 91 C.C.A. 265
• 1908 U.S. App. LEXIS 4754

Syllabus

<p>1. Public Hands (S 75*) — Railroad Grant — Construction—Hands Excepted.</p> <p>The grunt of lands to the slate of .Michigan to aid in the construction of railroads by Act .lime 8, 1850, c. 4-1, 11 ÍStat. 21, was a grant in pruesenti, and under the exception of “any and all lands heretofore reserved to the United States by any act of Congress or in any other manner by competent authority for the purpose of aiding in any object of internal improvement or for any other purpose whatsoever,” applied only to public lands such as were then subject to grant as not at the time withdrawn from sale or entry for any purpose whatever, and that certain lands then under reservation subsequently became public lands, subject to grant, entry, ór sale, did not bave a retroactive effect, so as to bring them within the grant.</p> <p>[Ed. Note. — For other cases, see Public Lands, Cent. Dig. § 288; Dec. Dig. § 75.*]</p> <p>2. Treaties (§ 9*) — Time of Taking Efiíeot — Private Rights. ;</p> <p>While it is a principle of international law that a treaty takes effect by relation as of the date it was signed, although not ratified until later, this is only so as between the contracting nations; and private rights are'not affected by such a treaty until it is ratified, for then only, under the Constitution, does it become the la\\v of the land.</p> <p>[Ed. Note. — For other cases, see Treaties, Cent. Dig. § 9; Dec. Dig. § 9.*]</p> <p>3. Public Lands (§ 120*) — Railroad Grant — Suit by United States to Cancel Patents — Right to Equitable Relief.</p> <p>Certain public lands, which were conditionally reserved from sale or entry for the purposes of a pending Indian treaty at the date of a railroad grant, and which did not pass thereunder, were nevertheless, in accordance with the then existing construction of .such grants by the iand department, certified and patented as part of the grant; the lands having been withdrawn from the reservation at the'time the railroad line was definitely located.