Southern Oregon Co. v. United States

(after stating the facts as above). [1] The principal question involved concerns the construction of the first and second provisos of the granting act. The appellant insists that those provisos must be read together with section 5, and that when so read it will appear that the second proviso refers only to sales made during the first five years, and was hot. intended to apply to sales made after the completion of the road. To this we are unable to assent. The terms of the provisos are plain. They express clearly the intention of Congress that the lands granted were to be used for but one purpose, which was the construction of the road, and that they should be sold in quantities not greater than 160 acres, and not to more than one person, and at a price not to exceed $2.50 per acre. Section 5 contains nothing that modifies section 1. It prescribes that, when the Governor shall certify to the Secretary of the Interior that 10 continuous miles of the road are completed, 30 sections of the granted lands may be sold, “and so on from time to time, until said road shall be completed, and if said road is not completed within five years no further sale shall be made, and the lands…

(concurring). The bill shows on its face that it was brought to obtain a decree adjudging the grant forfeited, restoring the title to the United States, and confirming and quieting it as against any right, title, interest, or claim by or on behalf of the defendant to the suit, or any person claiming or to claim under it, and meanwhile to restrain the defendant from selling, conveying, or in any manner encumbering any of the land.

But the bill also contained a prayer for such other and further relief as the equity of the case should require, and while the court below very properly, in our opinion, in view of the fact that the record shows that ffie grant had been fully earned by the building of the road with- . in the time fixed by the grant, and many years before the bringing of the suit, refused to decree a forfeiture of any of the land, but enjoined the defendant, its officers and agents, from selling or malting any disposition thereof, or of the timber, materials, or other deposits thereon or therein “until Congress shall have a reasonable opportunity to make .provision by legislation for the disposition of said lands, timber, mineral or other deposits in accordance with such…