Construed against the grantee
The additional grant of 1865 (Minn.) was
one of quantity requiring selection......232, 428
Lands falling within the limits of the
Texas Pacific were excepted from the grant
to the Southern Pacific.
The failure of the company (Southern Pa-
cific) to establish the connection named in the
granting act, and its possible effect upon
the grant..
The forfeiture of the Texas Pacific grant
included lands along the branch line of the
Southern Pacific where it passes through
lands withdrawn for the former company.. 215
The clause, "That any and all lands here-
tofore reserved to the United States by any
act of Congress
for the purpose
of aiding in any object of internal improve
ment
* * be, and the same are
hereby, reserved to the United States from
the operation of this act," construed....... 573
Under the act of January 31, 1885, no lands
were forfeited along that part of the road
constructed (Oregon)
Priority of right as between a settler and
the company determined by hearing.
No right prior to selection.
As the line of road (Atlantic and Pacific)
terminates at the Pacific coast, there was no
authority for a withdrawal of lands along
the coast....