Court : US Supreme Court
..... record in your office." the secretary of state replied, under date of november 18, 1870: "yours of the 17th ..... its president communicated a copy of this resolution to the secretary of state of illinois, and gave the notice therein required, adding: "you will please regard the above as an acceptance by this company of the above-mentioned law [lakefront act], and it is desired by said company that said acceptance shall remain permanently on file and of ..... inst., being a notice of the acceptance by the illinois central railroad company of the grants under an act of the legislature of illinois, in force april 16, 1869, was .....
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..... of its road page 152 u. s. 295 from or near portland to puget sound. upon appeal by the company to the secretary of the interior, that ruling was reversed. mr. justice lamar, then secretary of the interior, after referring to the act of 1864 and to the joint resolution of may 31, 1870, well said: "by this resolution, the designation ..... grant, shall be disposed of only to actual settlers at double the minimum price for such lands." the company was required to file within one year after its passage, and with the secretary of the interior, its assent to the act, and it was made a condition of the grant that a section of twenty or more miles of the ..... sale or entry or preemption before or after they are surveyed except by said company, as provided in this act." 13 stat. 365, c. 217, 1, 3, 6. on the 6th day of march, 1865, josiah perham, president of the northern pacific railroad company, addressed to the secretary of the interior a communication in these words: "under authority from the board .....
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..... such map was approved by the secretary, the company had secured the benefit of the act upon the line there shown, and could not thereafter alter the same. we agree with the circuit court of appeals in thinking that, so far as the united states ..... until twelve months after a survey thereof. it is however, said that while the company might not have been required, under the act, to file its map at the time such filing was made, yet it had the right to do so under certain regulations of the secretary of the interior in force during the period of this controversy, and that when ..... of way through the public lands of the united states." this act provides that "the right of way through the public lands of the united states is hereby granted to any railroad company duly organized under the laws of any state or territory . . . which shall have filed with the secretary of the interior a copy of its articles of incorporation and .....
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..... the very improvements he may have put upon the lands might be the reason for their selection by the company. we are therefore of opinion that the act of july 27, 1866, did not authorize the withdrawal by the secretary of the interior of the indemnity lands, that such lands remained open to homestead and preemption entry, and ..... the completion of the line and the final issue of patents. as was said by mr. secretary lamar in the atlantic & pacific railroad company, 6 l.d. 84: "waiving all questions as to whether or not said granting act took from the secretary all authority to withdraw said indemnity limits from settlement, it is manifest that the said ..... act gave no special authority or direction to the executive to withdraw said lands, and when such withdrawal .....
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..... and were capable of taking and holding real estate, and second, even if it were otherwise, and some irregularities occurred in the organization of the company, inasmuch as no act made a condition precedent to the existence of the corporation has been omitted, or its nonperformance shown, a party dealing with page 65 u. ..... corporation shall be subject to all the restrictions imposed by the general act of 1838 regulating incorporations for manufacturing and mining companies. the 15th section of this act provides, that when over four-fifths of the capital stock of the company to which the act applies shall become concentrated, by purchase or otherwise, in the hands ..... the act, at which meeting the whole number of shares, constituting the capital stock, were subscribed, and the company proceeded to the election of the president and four directors, the number required by the charter for the ensuing year; and at the same time, directed that the secretary should procure deeds to the company for .....
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..... the place limits of the general route of the road, and in which a withdrawal had been ordered in accordance with the provisions of the act making the grant, secretary smith, sustaining the title of the railroad company, said (p. 103): "i am clearly of the opinion that, after the withdrawal made upon the map of general route, no ..... title when obtained, to indians twenty-one years of age, or the head of a family having abandoned the tribal relations. secretary noble said: "the provisions of this act were in force at the date when the company's rights attached on definite location of its road, and, if the matters alleged relative to the claim of the indian enoch ..... only. this withdrawal takes effect from august 15, 1873, the date when the map was filed by the company with the secretary of the interior, as required by the sixth section of the act of july 1, 1864, organizing said company." the letter of the commissioner and the diagram therein referred to were received and filed in the local land .....
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..... in 1869, and the map of its definite location, approved by the secretary of the interior, was not filed with the commissioner of the general land office until december 20, 1871. the release required by the act of march 3, 1871, was not made by the st. paul and pacific railroad company until december 13, 1871, and a formal release to the united ..... approved march 4, 1864, entitled 'an act to extend the time for the construction of the branch road of the st. paul and pacific railroad company,' be, and the same and each and every of them are hereby, approved, accepted, and assented to by the st. paul and pacific railroad company, and the president and secretary of this company are hereby directed to transmit a .....
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..... to decide, in the first instance, that the selections made by the railroad company of lieu lands shall be approved by the secretary, or to decide what lands should be on the lists required to be furnished to the railroad, granted under the act of 1898, or to control directly or indirectly the work which congress, with ..... issued therefor, "under a mistake of law founded upon a certain erroneous ruling by the secretary of the interior, to the effect that the said northern pacific railroad company, and their successors in interest, were not entitled to any lands by virtue of said act of congress approved july 2, 1864, and said joint resolution, approved may 31, 1870 ..... the thirteenth of july, 1898, in writing, and such written acceptance was promptly transmitted by the company to the secretary of the interior. in a case in the supreme court of wisconsin determined shortly before the act of 1898, it was held, contrary to the ruling of the interior department in 1896, that ashland, and not duluth, .....
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..... land outside of the quarter-section on which the improvements of hickey had been constructed. the contest thus created was finally decided by the secretary of the interior in favor of the railway company, and a patent issued to it for the lots in dispute. this proceeding was then commenced in the courts of minnesota by donohue ..... her claim to the entire tract. simultaneously, donohue, the defendant in error, filed an application to enter the land under the timber and stone act, and his claim was allowed. the railway company, however, contested as to the lots other than 14 and 15 in section 4 on the ground that the effect of the relinquishment by ..... it would result that the opinion, instead of giving sanction to and maintaining the rulings of the land department, would have overthrown the entire administrative construction of the act enforced from the beginning. for whilst it is true, as has been shown, that the land department had always held that there must be compliance with the statutory .....
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..... s. 108 . as indemnity for any lands so excepted, as also for any excluded as mineral, other lands were to be "selected by said company," under the direction of the secretary of the interior, from unoccupied, unappropriated, nonmineral lands in odd-numbered sections within prescribed indemnity limits. the line of the road was to be definitely ..... was approved and the patent issued. in support of this position, the company points to the stipulation on which the case was heard in the district court wherein, following a reference to the act of march 3, 1887, c. 376, 24 stat. 556, directing the secretary "to immediately adjust" this and other railroad land grants, and to ..... have been approved or consented to by the secretary of the interior, since, under the adjustment act of march 3, 1887, the supervision of the adjustment was specially devolved upon the secretary. p. 256 u. s. 67 . 9. a stipulation that all the lands received by the northern pacific company under its grant and all that it was .....
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