Page:Federal Reporter, 1st Series, Volume 5.djvu/340

 328 FEDERAL EBPOBTEB. �road" from Albany, via Canyon City, through the Cascad. mountains to the eastern boundary of the state, granted tci the state the "alternate sections of the public lands desig nated by odd numbers, three sections per mile, to be selecte<i within six miles of said road." 14 St. 89. �The act making the grant contains a provision that n i exceeding 30 sections of the grant "shall be disposed of" — sold — when and as fast as the govemor of the state "shall certify to the secretary of the interior that any 10 continuous miles" of the road are completed. By an act of July 15, 1870, (16 St. 363,) congresB changea the line of the road from Can- yon City to Camp Harney; and by the act of June 18, 1874, (18 St. 80,) it was provided in effect that whenever it ap- peared from "the oertificate of the governor," as in the act of July 5, 1866, provided, that said road was "constructed and completed," a formai patent should issue to the state, or any corporation being its assignee, "for said lands," "as fast as the same shall, under said grant, be selected and certified. " �By the act of October 24, 1866, (Sess. Laws, 68,) the state transferred the grant, "for the purposes and upon the condi- tions and limitations" eontained in the act making the same, to the Wallamet Valley & Cascade Mountain Wagon Eoad Company — a corporation duly organized under the laws of Oregon in 1864. �On August 19, 1871, said corporation conveyed the prem- ises in controversy to H. K. W. Clarke, who, ou September 1, 1871, duly conveyed the same to the plaintiff. Thati the premises are included in a list of lands numbered 1, and de- scribed as "lands granted to the state of Oregon by the act" of July 5, 1866, aforesaid, to aid in the construction of said military wagon road, and on May 2, 1871, the commissioner of the general land-office recommended said list for approval as being the lands to which the state was entitled under the grant of July 6, 1866, and therein certified "that it is shown by the certificates on file of the governor of Oregon, bearing date April 1, 1868, September 8, 1870, and January 9, 1871, that said corporation had completed its road from Albany to the 36.8 section, distance 368 miles, in conformity with the ����