Western Pacific Railroad v. Tevis

Citations

• 41 Cal. 489

Syllabus

<p>Right of Way of Central Pacific Railroad.—Pre-emptioners.— The right of way granted to the Central Pacific Railroad Company of California, over the public lands of the United States, for its road, became perfect upon the filing of the plat of the location of the railroad in the proper land office, as against preemptioners who had not perfected their preemption right by payment of the price of the land.</p> <p>Power of ' Congress oyer Pre-emptioners.—Congress has the power to grant a right of way for a railroad over public lands which are occupied by persons who have the right to preempt, but have not yet perfected that right by proving up and making payment for the land.</p> <p>A Pre-emptioner not a Claimant of Public Land.—A claimant of public land, within the meaning of the third section of the Act of Congress granting a right of way over the public lands to the Union and Central Pacific Railroad Companies, is one who has an interest in the land recognized by the laws of the United States. One who is a preemptioner, but has not paid for the land, is not' such claimant.</p>