Chicago, M. & St. P. Ry. Co. v. United States

(after stating the facts as above).

[1] The primary contention hinges largely upon the purposes and in-tendment of the act of March 3, 1875 ( 18 Stat. 482 ), and later acts respecting forest reserves. By the first section of the act of 1875 a right of way through the public lands of the United States is granted *292 to any railroad company, organized under the laws of any state, which shall have filed with the Secretary of the Interior a copy of its articles of incorporation and due proofs of its organization under the same, to the extent of 100 feet on each side of the center line of said railroad; also the rigid: to take from the public lands adjacent to the line of road material, earth, stone, and timber necessary for the construction of the road; also ground adjacent to such right of way for station buildings, depots, machine shops, side tracks, turnouts, and water stations, not to exceed in amount 20 acres for each station, to the extent of one station for each 10 miles of road. Section 4 provides :

And section 5:

Under an act entitled “An act to repeal timber culture laws, and for other purposes,” adopted March 3, 1891, the President of the United States was authorized to…