Missouri, Kansas and Texas Ry. Co. v. Roberts, 152 U.S. 114 (1894)
U.S. Supreme CourtMissouri, Kansas and Texas Ry. Co. v. Roberts, 152 U.S. 114 (1894)
Missouri, Kansas and Texas Railway Company v. Roberts
Argued and submitted January 30, 1894
Decided March 5, 1894
152 U.S. 114
The original claim of the State of Kansas to the school lands in townships 16 and 36 in that state, was rejected by Congress and abandoned by the state, and the right of Congress was conceded to the absolute control of the lands thus embraced and of lands set apart for the use of Indians until such right should be extinguished by appropriate legislation.
By the Act of duly 26, 1866, c. 270, 14 Stat. 289, granting a right of way to the company subsequently known as the Missouri, Kansas and Texas Railway Company across the public lands in the State of Kansas, the title of the lands composing that right of way, including townships 16 and 36, when crossed by it, became vested in that company.
The case is stated in the opinion.