The New York herald., 1876-09-02

by the company rcctcs that the land was within the
exterior limits OF a Mexican grant, called Moquclamos
ami that patent had by mistake beou issued by the
company. The Court below decreed that the appellee
the owner III Zee simple Of the land and that The
patent under which thc appellant claimed, SO far AS 1t
related to the land in conrovesy should be Cancelled
The act OF July |, 1862 ~ Stat, 4o2) grants TO
Pacific by subsequent legislation became one
every alternate section oil pubic land designated BY
odd numbers within ten miles Of each side oil their
respective roads, not sold, reserved otherwise dis
posed OF by the United States and TO which homo.
stead pre- emptlun claim may net have attacked at
the the line OF the road is definitely liked. 1t re-
Qures that within prescribed time map designating
the general route ot each road shall be fled In De-
partment of the Interior, and that the Secretary
thereof shall Then cause the lands within certain
distance IRON such route To be Withdrawn from pre-
cmption, private entry and sale. The precise VI
the location OF the Western Pacific road stated
IN the record, butthe inference that took place be-
tween the nrst day OF the December Term (lSo4) OF
this Court and the 18th day OF February, ls15 AT all
events, The withdrawal toe ihis road was made Oh the
3lst day OF January, 1865, and the rccorus of the
court show that the Moqueiamos grant. which h.
ueen regularly presented 10 the Com in ssoners, IN
der the act of March s. 1851 aud duly presented
b. appeal, was rejected here February H. 1864
IL is conceded that the lands embraced by all
wi1hin the limits OF the railroad grant, whicl were
lascd by the aucndA,ory act of 1864 (U : Statutes
\. COS lLs also declares that any lands granted
by It or the act 10 which 1t is an ans ndinen shall
not defeat or impair any preempuon, homestead,
swamp land or other lawful clam, nor include any
govern mcnt reservation or mineral lands or any i'm
provcments OF Auy bond fds settler" There DO
no question that by the withdrawal In question, the
grant took effect such odd numbered rections OF
public lands within the prescribed limits were not
excluded IRON ITS operation aud the question arises
whether the lands within the boundaries ol alleged
Mexican or Spanish grant, winch was then sub Jad'cs
are pubic lands within tie meaning vi The act OF
Congress under which the patent wucreon the appel
lees uto rests issued TO the railroad company iLc
subject OF grants Of land 10 ad IN constructing works of
internal Improvement Was fully considered at the pres
cut term IN the cavcnvorth Lawrence anu Galveston
Railroad Company vs. rhc United States lie held that
they attached only to so much OF our national aomaIn
might DC sold otherwise disposed o tnat they
embrace tracts reserved by competent authority
any purpose In any manner. although execp-
ton them was made IN tho grants themselves our
decision conGncd grant OF every alternate section OF
''lsnd" TO such whereto the complete title sbso-
oly vested III the Unncd STATES Tho acts which
govern this case are more cxplic. and leave less
for construction. Tho words public lands are habit
ualy used IN our legislation 10 describe such
subject TO sale other disposal under general laws.
they were employed IN this instance evident,
the tact that To them alone could The location
of the road the order Withdrawing the lands IRON pre-
emptiou, private entry aud sale, apply. Tho act OF
1851 Is examined and the decision Is that where pro-
ccedngs are abandoned under II, alter adverse de-
clsion hy tho commission created 70 decide upon