National Republican., 1883-05-18
Soarn pAorr1c RAILWAY LANDS

An Important Decision by Secretary Tel
Icr In Regard 20 the Withdrawal OF
the Odd Sections Within the Indemnity
Limits.
The secretary Of the interior has decided
q question of much importance to land grant
railways submitted by the commissioner
of the general land office, regarding tho
propricty of notwithstanding from entry
and settlement tho odd sections of land
hin the indemnity limits of the Northern
Pacific railway. The commissioner was of
OF uon that recent decisions by the secre-
tary had tended to reverse the usual practice
Of the land Office In such cases, viz; TO with
draw the lands comprised within the granted
and indemnity limits, upon the filing Of the
map If definite location. In his decision the
secretary denies that this construction is TO
be placed upon tho former decisions, and
holds that the matter is open for the -onsid.
Grafton Of tho department
After quoting tho granting acts of 1864 and
1870 tho secretary calls attention to the fact
that they do not provide either specifically or
generally for an executive withdrawal of
land within either granted or indemnity
limits The power of the department to
withdraw granted lands without such direc-
tion is beyond question, says the secretary,
and by parity of reasoning the authority to
withdraw indemnity lands must follow; and,
in fact, such authority has repeatedly been
exercised.
Tho company claim that the acts operate as
an absolute exclusion of the right of entry in
both gldntcd and indemnity limits from the
moment of tho fixing Of the route of definite
iSoation. This Is undoubtedly true of the
granted lands. But to tho indemnity lands
the law gives not titlc but right to acquire
l.. 4 n
granted lands. The acts place the whole
subject under the direction Of the secretary of
the interior, and IL must be held that the
power resides in the department to adjudgo
when, in what manner, to what extent the
statute requires the exercise Of such control
and direction, so as to give to the public as well
as the particular grantee, all the rights aud
privileges granted by law.
The secretary says: " l cannot shut my
eyes to the fact that vast areas of lands pub
lic but for the right Of selection) lying within
indemnity limits are barred to settlement, and
that the area of arabic lands open to settle.
meut is not great when compared with tho
increasing demand, and is rapidly diminish
ing.
If the company negleots to make its selec-
tions, and takes advantage of the withdrawal
heretofore made, or that may be made here
after to withhold lands within the indem-
nity limit from this operation of the settle
ment laws, not actually needed to make good
losses they have sasnstned, it will bs tho duty
of the department. to revoke such order of
withdrawal.
/" In reply to your suggestion, whether the
Withdrawals in the indemnity limits Of this
grant are to stand as far as made have to
say that am of tho opinion that such with
drawals should, at least for tho present, be
maintained.
81 am further of the opinion that upon
filing maps of approved definite location,
Withdrawals 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 practice heretofore
pursued by your Office in reference to with
drawals under the grant in question.
" must decline to comply with the request
of the company to cause withdrawal Of the
lands within the second indemnity limits in
the territories. The nearest of these lands
are fifty miles, and the farthest sixty miles
distant from the line of the road. As am
at present advised do not think it probable
that the company'wi ever be obliged to re-
sort to those limits for selection of lien lands.
But If such should be the case there will
doubtless be q sufficient quantity of land left
within such limits to enable the company to
secure tho full amount of its giant"