Page:Federal Reporter, 1st Series, Volume 10.djvu/449

 C, M. & ST. P. EY, CO. V. a. 0. & ST. P. E. co. 437 �of lowa shall file or caused to be filed wLth the secretary of |the interior tnaps design;i,ting the routes of said roads, then it shall be the duty of the secretary of the interior to withdraw from raarket the lands embraced within the pro- visions of this aet. �Sec. 6. And be it f urther enacted, that the United States mail shall be trans- porled on said roads and branch, under direction of the post-office department, at sueli priee as congiess may by law provide: provided, that until such price is fixee] by law the postmaster general shall have power to flx the rate of com- pensation. �The McGregor road, on the ninth of Aiigust, 1864, located its Une from McGregor to section 19, township 95, range 40, in O'Brien county, to intersect with a proposed road from Sioux City to the Min- nesota state line, and on the thirtieth day of the same month filed its map showing said location in the general land-of&ce; and in Sep- tember following the lands within 20 miles were withdrawn from market. The line of 1864 is indicated on the map by the south blue line. �On the thirteenth of November, 1865, William M. Stone,then gov- ernorof lo-wa, certified to the secretary of the interior the completion by the McGregor Western Company of 40 miles of the McGregor road, from McGregor to Calmar. Ho lands were patented to the McGregor Western. �In January, 1866, the Sioux City & St. Paul Railroad Company was organized, and on the seventeenth day of July, 1867, that Com- pany uled its map of location in the general laud-office, from Sioux City te the Minnesota state line, and all lands within 20 miles of this line were withdrawn from market. �The line of this road as located and constructed, as it appears by the map, barely touches O'Brien county at the north-west corner, thus compelling the intersection at a point near said north-west cor- ner. March 31, 1868, the state of lowa resumed the grant to the McGregor Western Eailway Company, and conferred it upon the McGregor &rSioux City Railway Company, now the McGregor & Mis- souri Biiver Railway Company. �On the fifteenth day of March, 1876, the legislature of lowa re- sumed the grant to the McGregor & Sioux City Company of 1868, and reconferred it on said company with new conditions. This aet provided against disturbing the rights of the McGregor Company, or aiieeting the pending litigation over the overlapping land. This grant was ne ver accepted. �On the twenty-seventh day of February, 1878, the legislature of the state of lowa resumed all grants to the McGregor & Sioux City ��� �