The Billings herald. [volume] (Billings, Mont.) 1882-1885, 1883-06-02
NORTHERN PACIFIC RAIL.
WAY,
Decision by the Secretary ofthe
Interior in regard to the
Withdrawal Of Lands,

Inc secretary OF the Interior mas
delivered an opinion upon the
question submitted by the Com
missioner of the General Land
Office regarding the propriety of
withdrawing from entry and settle
| nent, odd sections of land within
yhe indemnity limits of the North
ern Pacific railroad. The commits
sioner was OF the opinion that the
recent decisions by the Secretary
had tended to reverse the usual prac-
tice of the land office in such cases,
namely, to withdraw lands COM
prised within granted and indemn-
ity limits upon the filing Of map
OF definite location In his deci-
sion the Secretary denies that this
construction is to be placed upon
former decisions, and holds the
matter as open for the consider
alton of the department. After
quoting the granting acts Of 1864
and 1870, the Secretary calls attcn-
ton to the fact that they de not pro-
vide either specifically or generally
ior the executive withdrawal of
land within either granted or in.
,lemnity limits. The power Of the
department to withdraw granted
lands without such directions is
beyond question. Says the Socre-
tary: The authority to withdraw
indemnity lands must follow, and
in fact such authority has repeat
edly been exercised. The company
claims that the acts operate az ah-
solute to the exclusion Of the right
of entry in both granted and in
demnity limits from the moment
Of fixing the route of definite loca-
ton. This is undoubtedly true as
to granted lands, but as to indemn-
|ity lands the law gives no title but
the right to acquire title by select
ion, based Oh q 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 powe,
resides in the department to ad.
Judge when, in what manner, and
to what extent the statute exercises
such control and direction as to
give to the public as we'll as a par.
ticular grantee all the rights and
privileges granted by law. The
Secretary says: II cannot shut my
eyes to the fact that vast areas Of
public lands, but for the right Of
selection, lying within the indemn,
ity 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 diminish
ing. If the company neglects to
make its selections and takes ad-
vantage Of the withdraw heretofore
made or that may be made here
after, to withhold lands within the
indemnity limit from operation Of
the settlement laws not actually
needed to make good the losssc
they have sustained, it will be the
duty Of the department to revoke
such order of withdrawal. In re-
ply to your suggestion whether the
withdrawal in indemnity limits Of
this grant are to stand SO far as
made I have to say that I am OF
the opinion that such withdrawal
should, at least for the present, bo
maintained. l am further Of the
opinion that upon filing maps Of an
approved definite location, the
withdrawal of lands within the in
demnity limits should be made by
you to the extent of the first in
delnnity limits. Such action will
be in accordance with the practice
heretofore pursued by your office
in reference to Withdrawals.