314 
Sanborn—Railroad Land Grants. 
The last land grant made was that to the Texas Pacific in 
1871, but the end of the question did not come for some twenty 
years later. Many of the roads had not been completed within 
the time prescribed by law, and on some of them no work had 
been done. The theory in such cases had been that the lands 
reverted to the government without further action. But in 
1875 in a Wisconsin case, Schulenberg v. Ilarriman , J it was de¬ 
cided that, as the grants were on condition subsequent and not 
precedent, some action must be taken by the government to as¬ 
sert its right of reentry and title to the lands. Congressional 
action thus became necessary and in 1876 a bill forfeiting lands 
granted to Kansas was passed. * 2 Lands so forfeited were to be 
open to settlement under the Homestead law only. The next 
year the grant to the Kansas and Neosha Valley railroad was 
forfeited. 3 This act is said to have been introduced at the re¬ 
quest of the company itself, on account of the hostile feeling of 
settlers along its line. 4 Other local forfeitures were made from 
time to time, the most important being that of the Atlantic 
and Pacific in 1886. In 1883 quite a comprehensive forfeiture 
bill had passed the House, 5 but was defeated in the Senate. 
In 1888 a bill was introduced in the Senate, forfeiting, in the 
grants to states or corporations for railroads, all lands lying 
opposite portions of the road not then constructed. 6 After 
minor amendments it passed the Senate, 7 and went to the 
House. Three reports on the bill were made from the com¬ 
mittee on Public Lands. That of the majority, headed by the 
chairman, Mr. Holman, favored the forfeiture of the lands 
opposite all portions of the road not completed within the time 
required by law. A minority of four favored the bill as it 
passed the Senate, and another minority, of two, wished to for- 
' 21 Wall., p. 44. 
2 19 Statutes at Large, p. 101. 
3 Ibid., p. 404. 
4 Record, 2nd Sess., 44th Cong., p. 1510. 
b Record, 1st Sess., 48th Cong., 779-87. 
6 Record, 1st Sess., 50th Cong., 3033. 
7 Ibid., 3612, 3674, 3802, 3874, 3924. There would have been forfeited by 
this bill lands opposite 1,049 miles of railroad; House Reports, 1st Sess., 
50th Cong., No. 2476. 
