Wisconsin Cent Co v. United States

• Decision Date: 16 November 1896
• Docket Number: No. 21,21
• Citation: 164 U.S. 190,41 L.Ed. 399,17 S.Ct. 45
• Parties: WISCONSIN CENT. R. CO. v. UNITED STATES
• Court: U.S. Supreme Court

164 U.S. 190

17 S.Ct. 45

41 L.Ed. 399

WISCONSIN CENT. R. CO.

v UNITED STATES.

No. 21.

November 16, 1896.

An act of congress of March 3, 1873 (17 Stat. 556, c. 231), prescribed the rates of compensation for the transportation of the mails on the basis of the average weight; and by an act of July 12, 1876 (19 Stat. 78, c. 179), the compensation was directed to be readjusted by the postmaster general as specified on and after July 1, 1876. Section 13 of this act provided 'that railroad companies whose railroad was constructed in whole or in part by a land grant made by congress on the condition that the mails should be transported over their road at such price as congress should by law direct shall receive only eighty per centum of the compensation authorized by this act.'

By an act approved June 3, 1856 (11 Stat. 20, c. 43), congress granted to the state of Wisconsin lands to aid in the construction of certain railroads northward and northwestward in said state, ultimately reaching the west end of Lake Superior; the land granted being every alternate odd-numbered section for six sections in width on each side of the roads, respectively. Section 5 of this act provided: 'That the United States mail shall be transported over said roads, under the direction of the post office department, at such price as congress may, by law, direct: provided, that until such price is fixed by law, the postmaster-general shall have the power to determine the same.' Some or all of the roads contemplated in this act not having been constructed, congress, by act of May 5, 1864 (13 Stat. 66, c. 80), again granted lands to the state of Wisconsin for three different general lines of railroad, the line covered by section 3 of the act being the one in controversy. By this act alternate odd-numbered sections for ten sections in width, instead of six, were granted, 'upon the same terms and conditions as are contained in the act granting lands to said state to aid in the construction of railroads in said state, approved June 3, 1856.'

The two acts in parallel columns, the words in each and not in the other being printed in italics, are as follows:

Act of June 3, 1856.

Section 1. That there be, and is hereby, granted to the state of Wisconsin for the purpose of aiding in the construction of a railroad from Madison, or Columbus, by the way of Portage City to the Saint Croix River or Lake between townships twenty-five and thirty-one, and from thence to the west end of Lake Superior; and to Bayfield; and also from Fond du Lac on Lake Winnebago, northerly to the state line, every alternate section of land designated by odd numbers for six sections in width on each side of said roads, respectively.

But in case it shall appear that the United States have, when the lines or routes of said roads are definitely fixed, sold any sections or parts thereof granted as aforesaid, or that the right of pre-emption has attached to the same, then it shall be lawful for any agent or agents, to be appointed by the governor of said state, to select, subject to the approval of the secretary of the interior, from the lands of the United States nearest to the tier of sections above specified, so much land in alternate sections, or parts of sections, as shall be equal to such lands as the United States have sold or otherwise appropriated, or to which the right of pre-emption has attached, as aforesaid, which lands (thus selected in lieu of those sold and to which pre-emption has attached as aforesaid, together with the sections and parts of sections designated by odd numbers as aforesaid, and appropriated as aforesaid,) shall be held by the state of Wisconsin for the use and purpose aforesaid:

Provided, that the lands to be so located shall in no case be further than fifteen miles from the line of the roads in each case, and selected for and on account of said roads:

Provided, further, that the lands hereby granted shall be exclusively applied in the construction of than road for which it was granted and selected, and shall be disposed of only as the work progresses, and the same shall be applied to no other purpose whatsoever:

And provided further, that any and all lands reserved to the United States by any act of congress for the purpose of aiding in any object of internal improvement, or in any manner for any purpose whatsoever, be, and the same are hereby, reserved to the United States from the operation of this act, except so far as it may be found necessary to locate the route of said railroads through such reserved lands, in which case the right of way only shall be granted, subject to the approval of the president of the United States.

Sec. 2. And be it further enacted, that the sections and parts of sections of land which, by such grant, shall remain to the United States, within six miles on each side of said roads, shall not be sold or less than double the minimim price of the public lands when sold; nor shall any of said lands become subject to private entry until the same have been first offered at public sale at the increased price.

Sec. 3. And be it further enacted, that the said lands hereby granted to said state shall be subject to the disposal of the legislature thereof, for the purposes aforesaid, and no other; and the said railroads shall be and remain prblic highways for the use of the government of the United States free from toll or other charge upon the transportation of property or troops of the United States.

Sec. 4. And be it further enacted, that the lands hereby granted to said state shall be disposed of by said state only in manner following, that is to say: that a quantity of land not exceeding one hundred and twenty sections, and included within a continuous length of twenty miles of roads, respectively, may be sold; and when the governor of said state shall certify to the secretary of the interior that any twenty continuous miles of either of said roads are completed, then another like quantity of land hereby granted may be sold; and so from time to time until said roads are completed; and if said roads are not completed within ten years, no further sales shall be made, and the land unsold shall revert to the United States.

Sec. 5. And be it further enacted, that the United States mail shall be transported over said roads, under the direction of the post office department, at made, and the land unsold may, by law, direct: provided, that until such price is fixed by law, the postmaster-general shall have the power to determine the same.

Act of May 5, 1864.

Sec. 1. [This section grants land to aid in the construction of a railroad from Saint Croix River or Lake to Lake Superior.]

Sec. 2 [This section grants land to aid in the construction of a railroad from Tomah to Saint Croix River or Lake.]

Sec. 3. And be it further enacted, that there be, and is hereby, granted to the state of Wisconsin, for the purpose of aiding in the construction of a railroad from Portage City, Berlin, Doty's Island, or Fond du Lac, as said state may determine, in a northwestern direction, to Bayfield, and thence to Superior, on Lake Superior, every alternate section of public land, designated by odd numbers, for ten sections in width on each side of said road, upon the same terms and conditions as are contained in the act granting lands to said state to aid in the construction of railroads in said state, approved June three, eighteen hundred and fifty-six. But in case it shall appear that the United States have, when the line or route of said road is definitely fixed, sold, reserved, or otherwise disposed of any sections or parts thereof, granted as aforesaid, or that the right of pre-emption or homestead has attached to the same, that it shall be lawful for any agent or agents of said state, appointed by the governor thereof, to select, subject to the approval of the secretary of the interior, from the lands of the United States nearest to the tier of sections above specified, as much public land in alternate sections, or parts of sections, as shall be equal to such lands as the United States have sold or otherwise appropriated, or to which the right of pre-emption or homestead has attached as aforesaid, which lands (thus selected in lieu of those sold and to which the right of pre-emption or homestead has attached as aforesaid, together with sections and parts of sections designated by odd numbers as aforesaid, and appropriated as aforesaid) shall be held by said state, or by the company to which she may transfer the same, for the use and purpose aforesaid: provided, that the lands to be so located shall in no case be further than twenty miles from the line of said road.

Sec. 6. And be it further enacted, that any and all lands reserved to the United States by any act of congress for the purpose of aiding in any object of internal improvement, or in any manner for any purpose whatsoever, and all mineral lands be and the same are hereby reserved and excluded from the operation of this act, except so far as it may be found necessary to locate the route of such railroads through such reserved lands, in which case the right of way only shall be granted, subject to the approval of the president of the United States.

Sec. 4. And be it further enacted, that the sections and parts of sections of lands which shall remain to the United States within ten miles on each side of said roads shall not be sold for less than double the minimum price of the public lands when sold; nor shall any of the said reserved lands become subject to private entry until the same have been first offered at public sale at the increased price.

Sec. 8. And be it further enacted, that the said lands hereby granted shall, when patented as provided in section seven of this act, be subject to the disposal of the companies respectively entitled thereto, for the purposes aforesaid, and no other, and the said railroads be, and shall remain public highways for the use of the...