Central Pacific Railroad Company v. Alameda, 1932 - Justice Sutherland, U.S. Supreme Court, in Central Pacific Railroad Company v. Alameda, 1932, similarly described the 1866 act as the federal government’s “voluntary recognition and confirmation of preexisting rights” held by explorers and settlers using a burgeoning system of roads and trails to access communities and new lands.  Sutherland determined that the term “highway” included roads “formed by the passage of wagons, etc., over the natural soil.”  His decision does not focus on the word “constructed” but uses instead the terms “created,” “established,” and “laid out.”  (284 U.S. 463, 76 L.Ed. 402, 1932)