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)

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