Chapters on the History of the Southern PacificDaggett, Stuart
History
Chapters on the History of the Southern Pacific
Daggett, Stuart
Pacific railroads -- History; Railroads -- California -- History; Southern Pacific Company
In regard to the land grant, the Land Office was called on for a great
many decisions after 1864, mostly in interpretation of the exemptions
carried in the federal legislation. The cases were not all brought by
or against the Central Pacific, but they nevertheless affected its
rights.
In general, the grant of land to the Central Pacific was held to be
an absolute unconditional present grant. The route not being at the
time determined, the grant was in the nature of a float, and the title
did not attach to any specific sections until they were capable of
identification. When once identified, however, the title attached to
specific sections as of the date of the grant, except in the case of
sections which were specifically reserved.[86] While the grant was
a present grant, it conveyed only land which was public land, that
is to say, portions of the public domain which were open to sale or
other disposition under general laws at the time the grant was made.
This definition did not include lands which became public subsequent
to the date of the grant, or lands reserved by competent authority for
any purpose or in any manner, whether or not the reservations were
mentioned in the granting act.[87]
It followed from the theory that the land grant was a present grant,
that a valid homestead entry existing at the date of the passage of
the Land Grant Act excepted the land covered from the area granted to
the railroad even though the entry were canceled prior to the definite
location of the railroad line.[88] The same effect was produced by an
uncanceled and unexpired pre-emption claim, or by any other valid claim
or reservation which was alive at the date of approval of the granting
act. In cases like these the cancellation of the claim restored the
land in question to the public domain, but did not operate to replace
it within the railroad grant.[89]
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