Oregon & C. R. v. United States

No. 275
Decided Circuit Court of Appeals, Ninth Circuit
Disposition
reversed and remanded
full scope · 2-1
Scan to open on mobileScan to open on another device
Court
Circuit Court of the United States for the District of Oregon
Decided
Judge
ROSS, Circuit Judge
Posture
Decree in favor of the United States by the circuit court
Defendant (1)
OREGON & C. R. CO. et al.
William F. Herrin, William Singer, Jr.
v.
Plaintiff (1)
UNITED STATES
John M. Gearin

Overview

The judgment of the circuit court is reversed, and the cause is remanded with directions to dismiss the bill, meaning the patents to the Oregon & California Railroad Company are upheld.

Case summary

This case involves a dispute over land patents issued to the Oregon & California Railroad Company under an 1866 grant. The United States sought to cancel these patents, arguing that the lands were previously affected by an 1864 grant to the Northern Pacific Railroad Company. The Northern Pacific Company had filed a map (Perham map) in 1865 designating a general route, but it was rejected by the land department. The Northern Pacific Company never filed a definite location map opposite the lands or built the road, and Congress forfeited its rights in 1890. The circuit court ruled for the United States, but the appellate court reversed, holding that the Perham map was ineffective, the 1864 grant did not itself withdraw lands, and thus the lands were public at the time of the 1866 grant and properly passed to the Oregon & California Company. The forfeiture did not benefit the Oregon & California Company. Judge McKenna dissented, arguing that the Northern Pacific Company's rights persisted until forfeiture.

Abstract

The United States sought to cancel land patents issued to one railroad company, claiming overlap with an earlier grant to another railroad company based on a preliminary route map that was rejected and never followed by construction or a definite location map. The appellate court reversed the lower court's ruling in favor of cancellation, holding the earlier grant ineffective, the lands remained public when patented to the second company, and later forfeiture of the first company's rights did not retroactively affect those patents. The patents to the second railroad company were upheld, with the case remanded to dismiss the government's suit.

Opinion of the court

Majority
opinion
ROSS, Circuit Judgejoined by HAWLEY
  • Perham map was insufficient to withdraw lands
  • Act of 1864 did not itself appropriate lands without route designation
  • Forfeiture benefited only the United States
  • Lands were public when granted to Oregon & California Company

Dissenting opinions

1
Dissenting McKENNA, Circuit Judge

Jurisdiction

not challenged
Subject matter
Appeal from the Circuit Court of the United States for the District of Oregon
Jurisdictional facts
  • Suit by the United States to cancel patents issued to the Oregon & California Railroad Company

Procedural posture

Posture at trial
Decree in favor of the United States by the circuit court
Posture on appeal
Direct appeal from the circuit court's decree
Preserved issues
  • Whether the grant to the Northern Pacific Railroad Company ever attached to the lands in controversy
  • Whether the Perham map operated as a withdrawal of lands
  • Whether the act of July 2, 1864, itself withdrew lands

Subsequent history

Petition for rehearing
not filed

Legal categories

Business

Case record

Full case name
OREGON & C. R. CO. et al. v. UNITED STATES
Docket number
No. 275
Court
Circuit Court of Appeals, Ninth Circuit
Trial court
Circuit Court of the United States for the District of Oregon
Decided
Opinion author
ROSS, Circuit Judge
Opinion type
published
Precedential status
precedential
Judges on panel
McKENNAROSSHAWLEY

Issues & holdings

3
Issues raised
1
affirmed
2
reversed
3
Holdings
Standard of review

de novo

Disposition rationale

Forfeiture was for the benefit of the United States only, not for other companies.

Preservation

Issue preserved for review

Standard of review

de novo

Disposition rationale

Map was indefinite, unauthenticated, and rejected by land department, so it did not withdraw lands.

Preservation

Issue preserved for review

Standard of review

de novo

Disposition rationale

Grant did not attach to specific lands without designation of route by grantee; lands remained public and passed to Oregon & California Company.

Preservation

Issue preserved for review

Holdings of the court

Forfeiture under act of September 29, 1890
The forfeiture was for the benefit of the United States only and did not operate in favor of the Oregon & California Company.
Following U.S. v. Southern Pac. R. Co., forfeiture benefits only the government, not subsequent grantees.
majoritybinding precedent
Effect of Perham map
The Perham map did not operate as a withdrawal or segregation of any public lands.
Map was indefinite, unauthenticated, and rejected by land department; thus, it was insufficient under the law.
majoritybinding precedent
Effect of act of July 2, 1864
The act did not itself operate as a withdrawal or appropriation of public lands; the grant never took effect as to the lands in controversy.
Grant requires designation of route by grantee to attach to specific lands; without such designation, lands remain public and subject to subsequent grants.
majoritybinding precedent

Error analysis

  • Circuit court gave effect to maps filed under the 1870 resolution for Northern Pacific Company. — procedural · error foundCourt found this error did not affect the ultimate decision as the maps were irrelevant. · harmless
  • Circuit court held it unimportant that Northern Pacific Company never exercised its right to locate and build. — legal · error foundError was central to the case; correct interpretation is that grant requires exercise of rights to attach. · not harmless

Statutory interpretation

2
Statute
Act of July 2, 1864 (13 Stat. 365)
Question
Whether the grant itself withdraws lands without designation of route.
Court's reading
Grant does not attach to specific lands until route is definitely fixed by grantee; it is not a floating appropriation.
Canons applied
Plain meaningIntent of Congress
Statute
Act of September 29, 1890 (26 Stat. 496)
Question
Whether forfeiture benefits other railroad companies.
Court's reading
Forfeiture is for the benefit of the United States only, not for other grantees.
Canons applied
Precedent from U.S. v. Southern Pac. R. Co.

Standards of review

  • Interpretation of statutes and grants — de novo Legal questions regarding the effect of congressional acts and land grants are reviewed de novo.

Timeline

7
Events
11,505
Days, incident to ruling
—
Span
factual eventcited in opinion

Congress incorporates the Northern Pacific Railroad Company and grants lands to aid construction.

Initial grant to Northern Pacific Company.

Congress · Northern Pacific Railroad Company
filingcited in opinion

Northern Pacific Company files Perham map designating general route with Secretary of Interior.

Outcome: Map rejected by land department

Map deemed insufficient to withdraw lands.

Josiah Perham · Secretary of Interior Washington, D.C.
factual eventcited in opinion

Congress grants lands to Oregon & California Railroad Company.

Grant to Oregon & California Company.

Congress · Oregon & California Railroad Company
filingcited in opinion

Oregon & California Company files map of definite location.

Outcome: Map accepted, lands withdrawn for company

Definite location of Oregon & California road.

Oregon & California Railroad Company Office of commissioner of general land office
procedural eventcited in opinion

Commissioner orders withdrawal of lands for Oregon & California Company.

Outcome: Lands withdrawn from sale

Formal withdrawal for Oregon & California Company.

Commissioner of general land office
factual eventcited in opinion

Congress forfeits Northern Pacific Company's rights to lands by act.

Outcome: Forfeiture for benefit of United States only

Forfeiture does not benefit Oregon & California Company.

Congress
appeal eventcited in opinion

Circuit Court of Appeals hears appeal from circuit court decree.

Outcome: Reversed and remanded

Appellate decision reversing lower court.

Circuit Court of Appeals judges appellate court

Facts & evidence

Incident

Location
Lands within the state of Oregon

Key facts

7 facts
  1. The Northern Pacific Railroad Company was incorporated by act of July 2, 1864, with a land grant.
  2. On March 6, 1865, the company filed the Perham map designating a general route, but it was rejected by the land department as indefinite and unauthenticated.
  3. The Oregon & California Railroad Company received a grant by act of July 25, 1866.
  4. On October 29, 1869, the Oregon & California Company filed its map of definite location and later constructed its road, receiving patents for the lands.
  5. The Northern Pacific Company never filed a map of definite location opposite the lands in controversy and never built that line.
  6. Congress forfeited the Northern Pacific Company's rights to these lands by act of September 29, 1890.
  7. The United States sued to cancel the patents issued to the Oregon & California Company.

Disputed questions

  • Whether the Perham map effectively withdrew lands for the Northern Pacific Company
  • Whether the act of July 2, 1864, itself operated as an appropriation of lands

Procedural history

3 steps
  1. The United States filed suit to cancel patents issued to the Oregon & California Railroad Company.
  2. The circuit court rendered a decree in favor of the United States.
  3. The defendant appealed to the Circuit Court of Appeals, Ninth Circuit.

Evidence in the record

Documentary
  • Act of July 2, 1864
  • Perham map filed March 6, 1865
  • Act of July 25, 1866
  • Map of definite location filed October 29, 1869 by Oregon & California Company
  • Act of September 29, 1890
  • Patents issued to Oregon & California Company
Challenged
  • Evidence type: Perham map · Challenge basis: Indefiniteness and lack of authentication · Trial court ruling: excluded · Reasoning: Map was rejected by land department as insufficient · Challenged on appeal: true · Appellate outcome: affirmed

Sentencing

Sentence challenged on appeal
false

Objects of relevance

Map with red ink line designating railroad route (Perham map)

Authorities

Cited authorities (4)

U. S. v. Southern Pac. R. Co., 146 U. S. 570
followedprecedent
Forfeiture benefits only government, not other companies.
U. S. v. Northern Pac. R. Co., 152 U. S. 284
followedprecedent
Grant attaches only when route is definitely fixed.
Missouri, K. & T. Ry. Co. v. Kansas Pac. Ry. Co., 97 U. S. 491
distinguishedprecedent
Subsequent grants not within reservations of prior grants.
St. Paul & P. R. Co. v. Northern Pac. R. Co., 139 U. S. 1
distinguishedprecedent
Similar holding on reservations in grants.

Related cases (4)

U. S. v. Southern Pac. R. Co., 146 U. S. 570
prior appeal
Forfeiture benefits only government.
U. S. v. Northern Pac. R. Co., 152 U. S. 284
prior appeal
Grant attaches only when route is definitely fixed.
Missouri, K. & T. Ry. Co. v. Kansas Pac. Ry. Co., 97 U. S. 491
precedent
Subsequent grants not within reservations of prior grants.
St. Paul & P. R. Co. v. Northern Pac. R. Co., 139 U. S. 1
precedent
Similar holding on reservations.

Statutes

  • Act of July 2, 1864 (13 Stat. 365)
  • Act of July 25, 1866 (14 Stat. 239)
  • Act of September 29, 1890 (26 Stat. 496)

Standards & doctrines

  • De novo review for statutory interpretation issues

Legal principles applied

  • Forfeiture of railroad land grants benefits only the United States, not overlapping grantees

Notable quotes

“The forfeiture declared was for the benefit of the government only.”
ROSS, Circuit Judge — Discussing the act of September 29, 1890.
Establishes that forfeiture does not benefit other companies.
“It requires an act of the grantee to give precision to such grants, and to identify by the location of its road the lands embraced by the grant.”
ROSS, Circuit Judge — Explaining why the 1864 grant did not itself withdraw lands.
Key reasoning for holding that grant requires route designation.
Index terms52
Summary terms
Legal mechanisms
Various actions
Various actors
Legal concepts
Legal outcomes
Legal issues
Legal procedures
Legal remedies
Legal evidence
Legal arguments
Legal defenses
Legal penalties
Legal procedural steps
Geo locations
Judges
Attorneys
Procedural terms
Substantive offenses
Entities and documentation
Legal actions
Action type
reversed and remanded
Target
circuit court decree in favor of United States
Appealed from
Circuit Court of the United States for the District of Oregon
Context
The appellate court reversed the lower court's decision and remanded with directions to dismiss the bill, upholding the patents to Oregon & California Company.
Scope
full
Further instructions
Remanded with directions to dismiss the bill.
Disposition vote
2-1
Search facets
Parties
Judges
HawleyMckennaRoss
Courts
Locations
Statutes cited