...plaintiff, by force of section 2477 of the Revised Statutes, which declares that ' 'the right-of-way fbr the construction of highways over public lands, not reserved for public uses, is hereby granted." That a railroad is a "highway" within this section would seem to have been the understanding of Congress...

...and made part of this act, as fully as if herein enacted and set forth. GENERAL PROVISIONS. SEC. 104. The right of way for the construction of highways over public lands, not reserved i for public uses, ia hereby granted. SEC. 105. Whenever, by priority of possession, rights to the...

...7. And be it further enacted. That the President of the United States be, and is hereby, anthorized to establish additional land districts, and to appoint...the construction of highways over public lands, not reseryed for public uses, is hereby granted. right of way for the construction of ditches and canals...

...filing of the required notification by the claimant.(6) XXI. GENERAL PROVISIONS. 28 July 1866 } 8. 104. The right of way for the construction of highways over public lands, not reu stat. 263. servc(i for public uses, is hereby granted. ibid, j 9. 105. Whenever, by priority of...

...deem the same necessary for the public convenience in executing the provisions of this act. SEC. 8. That the right of way for the construction of highways...reserved for public uses, is hereby granted. SEC. 9. That whenever, by priority of possession, rights to the use of water for mining, agricultural, manufacturing,...

...provisions of this act. 6r.c. 8. Jnrf be it further enacted, That the right of way for tho coustruetion of highways over public lands, not reserved for public uses, is hereby granted. SEC. 0. Jnd be it further cnaetfd, That whenever, by priority of possession, rights to the nse of water...

...the public conveniruoe in executing the provisions of this act. Sue. 8. And be it further exacted, That the right of way for the construction of highways over public lauds, not reserved for public uses, is hereby granted. SEC. 9. And be it further enacted, That whenever,...

...the public convenience in executing the provisions of this act. SEC. 8. And be it further exacted, That the right of way for the construction of highways over public lauds, not reserved for public uses, is hereby granted. SEC. 9. And be it further enacted, That whenever,...

...same necessary for the public convenience in executing the provisions of this act. SEC. 8. And be.it further enacted, That the right of way for the construction...lands, not reserved for public uses, is hereby granted. м>'. У. And he it further enacted, That whenever, by priority of possession, rights to the use of...

...this road. The section of said act which they claim grants them this right reads as follows : SEC. 8. "That the right of way for the construction of highways...not reserved for public uses, is hereby granted." The first question then presented for our consideration is, were the lands upon which these mining...