The Federal Reporter (Annotated), Volume 169: Cases Argued and Determined in the Circuit Courts of Appeals and Circuit and District Courts of the United States. June-July, 1909. Page: 43
xi, 1023 p. ; 23 cm.View a full description of this legislative document.
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WASHINGTON TRUST 00. V. DUNAWAY.
rior a duly certified copy of its articles of incorporation and due proof
of its organization thereunder, which were approved by the Secretary,
and that thereafter, to wit; July 2, 1903, the company filed with the Sec-
retary of the Interior a preliminary actual survey and plat of its pro-
posed route, together with' plats of its station and terminal grounds in
duplicate, in accordance with the provisions of section 4 of the act of
May 14, 1898; which preliminary survey and plat were approved and
filed in the office of the Secretary of the Interior, and duplicates thereof
thereafter, and during the year 1903, forwarded to and filed with the
register and receiver of the land office at Juneau, Alaska, after which
the company commenced the actual construction of its road along the
line of the said route. It is true that the map and profile of the definite
location of the road had not, nor had any portion of it, then been filed
with or approved by the Secretary of the Interior; but the time for do-
ing that had been extended by Congress to December 31, 1906. Con-
gress, of course, well knew the then difficulties in the way of locating,
as well as building, a railroad in that remote region, with but a few
months in a year in which such work could be done with any degree of
ease or economy, and with almost the entire population of the sparse-
ly settled country intent on the hunt for gold. Accordingly, it not on-
ly extended the time for the filing of the map and profile of the defin-
ite location of the appellant's road, but by section 8 of the act of 1898
conferred upon any railroad company the benefits of that act that had
prior to January 21, 1898, either actually commenced the construction
of a line of railroad or had made actual survey therefor, evidenced by
designated monuments along its line, provided that, within 90 days aft-
er the approval of the act of May 14, 1898, proof be made to the satis-
faction of the Secretary of the Interior of such actual construction or
actual survey. And in further pursuit of its manifest purpose to aid
in the building of such roads, and the consequent opening up and de-
veloping of the Territory, Congress, by section 8 of its act of May 14,
1898, in prohibiting, as it did, the assigning or transferring in any form
whatever of the right of way therein and thereby authorized prior to
the construction and completion of at least one-fourth of the proposed
mileage of such roads, as indicated by the map of their definite location,
expressly excepted from such inhibition "mortgages or other liens that
may be given or secured thereon to aid in the construction thereof,"
thereby, in our opinion, authorizing the mortgaging in aid of such con-
struction of a road, partly constructed, as was the case here, with the
right of way, the actual preliminary survey of which had been made,
approved, and filed in accordance with the provisions of the act of May
14, 1898, and the time for the filing and approving of the definite lo-
cation of which Congress extended by subsequent acts, within which
time the requisite acts are shown to have been performed in the pres-
ent case.
It remains to consider whether the mortgage in question is invalid
as against the appellee, because of the failure of the appellant to com-
ply with the provisions of the Alaska statute of June 6, 1900, -re-
lating to chattel mortgages. That depends upon whether the appel-
lant company was authorized by the act of May 14, 1898, to mortgage,
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The Federal Reporter (Annotated), Volume 169: Cases Argued and Determined in the Circuit Courts of Appeals and Circuit and District Courts of the United States. June-July, 1909., legislative document, 1909; Saint Paul, Minnesota. (https://digital.library.unt.edu/ark:/67531/metadc38215/m1/54/: accessed April 24, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.