
    THE NEW ORLEANS PACIFIC RAILWAY v. THE UNITED STATES.
    (21 C. Cls. R., 459; 124 U. S. R., 124.)
    
      On the defendants7 Demurrer.
    
    A railroad land grant is conditional upon the work being completed within five years. It is not even begun during that period. Thereafter Congress enact that the cost of surveying such land grants shall be borne by the grantees.
    The court below decides:
    The Aet 31si July, 1876 (19 Stat. L., 121), which provides that before land granted to a railroad shall be conveyed to the company there shall be paid into the Treasury the cost of surveying the same, “unless said company is exempted iy laic from the payment of such cost,” extends to a road which had then forfeited its right to the grant by noncompliance within the prescribed time.
    The decision of the court below is affirmed on the same grounds.
   Mr. Justice Blatchford

delivered the opinion of the Supreme Court January 16, 1888.  