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PROSSER v. NORTHERN PACIFIC RAILROAD

No. 837.

152 U.S. 59 (1894)

14 S.Ct. 528

38 L.Ed. 352

PROSSER, v. NORTHERN PACIFIC RAILROAD.

Supreme Court of United States.

Decided March 5, 1894.

Attorney(s) appearing for the Case

Mr. W.C. Jones, Attorney General of the State of Washington, (with whom was Mr. William Lair Hill on the brief,) for appellants.

Mr. James McNaught and Mr. A.H. Garland for appellee.

MR. JUSTICE GRAY, after stating the case, delivered the opinion of the court.

It may be admitted that the Congress of the United States, while the present State of Washington was a Territory, had the power, in chartering a corporation to construct and maintain a railroad from Lake Superior to the Pacific Coast, to grant to the corporation such title or rights in lands below high water mark of tide waters of the Territory, as might be necessary or convenient for the...

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