Page:Federal Reporter, 1st Series, Volume 10.djvu/447

 C, M. & ST. P. RY. CO. V. 8. C. & BT. P. fi. CO. 43& ���Chicago, Milwaukbe & St. Paul Ei. Co. ». Sioux Citt & St. Paul �E. Co. and otkerB. �(Gireuit Court, D. lowa. January 20, 1882.) �1. RauiRoad Land Qrants. �When the limils of two congressional railroad land grants made in the same act overlap, and there is no expres? priority in the disposition of such lands, or provision for the same, hdd, that each of the two railroads is entitled to an undivided half of the land. �The complainant in this iDill asserts title as against the respond- ents to certain lands in Osceola, Dickinson, and O'Brien counties, in the state of lowa, amounting to 189,184.59 acres. The controversy coDcerns the overlapping or conflicting limita of two congressional railroad land grants made in the same act without express priority in or provision for the disposition of the overlapping lands. The conflict occurs at and near the intersection of the two railroads claiming the land. The disputed lands all lie within the limita prescribed by the act of congress from the line of both roads. The congressional grant is contained in the act approved March 12, 1864, as follows : �Chapter 84. �An act for a grant of lands to the state of lowa. in alteruate sections, to aid in �the construction of a railroad in said state. �Be it enacted by the senate and house of representatives of the United States of America, in congress assembled, that there be and is hereby granted to the state of lowa, for the purpose of aiding in the construction of a railroad from Sioux City, in^aid state, to the soath line of the state of Minnesota, at such point as the said state of lowa may select between the Big Sioux and the west fork of the Des Moines river ; also to said state for the use and beneflt of the McGregor Western Railroad Company, for the purpose of aiding in the construction of a railroad from a point at or near the f oot of Main street, South McGregor, in said state, in a westerly direction, by the most practicable route, on or near the forty thirdparallel of north latitude, until it shall intersect the said road running f rora Sioux City to the Minnesota state line, in the county of O'Brien, in said state, every alternate section of land designated by odd numbers for 10 sections in width, on each side of said roads ; but in case it shall appear that the United States have, when the lines or routes of said roads are detinitely located, sold any section or any part thereof granted as aforesaid, or that the right of pre- emption or homestead settlement has iittacbed to the same, or that the same has been reserved by the United States for any purpose whatever, then it shall be the duty of the secretary of the interior to cause to be selected, for the purr pose aforesaid, from the public lands of the United States nearest to the tiers o£ sections above spesified, so muchland in alternate sections' or parts of sec- ��� �