Helena weekly herald. [volume] (Helena, Mont.) 1867-1900, 1883-05-24

Decision by the Secretary of the Interior
In regard to the Withdrawal Of Lands.

WASHINGTON, May 1.-THE Secretary OF
the Interior has delivered an opinion upon
the question submitted by the Commissioner
of the General Land Office regarding the
propriety of withdrawing from entry and
settlement, odd sections of land within the
indemnity limits of the Northern Pacific
railroad. The Commissioner was of the
opinion that the recent decisions by the Sec
retary had tended to reverse the usual prac-
tice of the Land Office in such cases, namely,
to withdraw lands comprised within granted
and indemnity limits upon the filing of a
map of definite location. In his decision the
Secretary denies that this construction is to
be placed upon former decisions, and holds
the matter as open for the consideration of
the department.. After quoting the granting
acts of 1864 and 1870, the Secretary calls at
tention to the fact that they do not provide
either specifically or generally for the execu
tive withdrawal of land within either granted
or indemnity limits. The power Of the de-
partment to withdraw granted lands without
such direction is beyond question. Says the
Secretary: The authority to withdraw in
| demnity lands must follow, and in fact such
authority has repeatedly been exercised.
The company claims that the acts operate as
absolute to the exclusion of the right of
entry in both granted and indemnity limits
from the moment of fixing the route Of def
mite location. This is undoubtedly true as
to granted lands, but as to indemnity lands
the law gives no title but the right to acquire
title by selection based on a deficiency in
the granted lands. The acts place the whole
subject under the direction OF the Secretary
of the Interior. and it must be held that the
power resides in the department to adjudge
when, in what manner, and to what extent
the statute exercises such control and direc-
tion so as to give to the public as well as
particular grantee all the rights and privi-
leges granted by law. The Secretary says:
Il cannot shut my eyes to the fact that vast
areas Of public lands, but for the right of Sc
lection, lying within the indemnity limits,
are barred to settlement, and that the area
of arabic lands open to settlement is not
great when compared with the increasing
demand and is rapidly diminishing If the
company neglects to make its selections and
takes advantage OF the withdrawal hereto
fore made or that may be made hereafter, to
withhold lands within the indemnity limit
from operation of the settlement laws not
actually needed to make good the losses they
have sustained, it will be the duty of the
department to revoke such order of with
drawal. In reply to your suggestion whether
the withdrawal in indemnity limits of this
grant are to stand so far as made" / have to
say that am of the opinion that such with
drawal should, at least for the present. be
maintained. l am further of the opinion
that upon filing maps of an approved definite
location, the withdrawal of lands within the
indemnity limits should be made by you to
the extent of the first indemnity limits. Such
action will be in accordance with the prac-
tice heretofore pursued by your Office in
reference to withdrawals