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LAKE SUPERIOR & MISS. R.R. CO. v. U.S.

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93 U.S. 442 (1877)

23 L.Ed. 965

LAKE SUPERIOR AND MISSISSIPPI RAILROAD COMPANY, v. UNITED STATES. ATCHISON, TOPEKA, AND SANTA FÉ RAILROAD COMPANY, v. UNITED STATES.

Supreme Court of United States.

January 15, 1877.

Attorney(s) appearing for the Case

The first case was argued by Mr. Walter H. Smith for the appellant, and by Mr. Solicitor-General Phillips for the appellee. The second case was argued by Mr. Thomas H. Talbot and Mr. E.R. Hoar for the appellant, and by Mr. Solicitor-General Phillips for the appellee.

MR. JUSTICE BRADLEY delivered the opinion of the court.

Congress, in most of the legislative acts by which it has made donations of the public lands to the States in which they lie for the purpose of aiding in the construction of railroads, has stipulated that the railroads so aided shall be public highways for the use of the government, free from all tolls or other charge for transportation of its property or troops. The...

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