New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-05-18
RAILROAD INTERESTS.
DECISION AFFECTING LAND-GRANT ROADS

DECISION AFFECTING LAND-GRANT ROADS.
WASHINGTON, May 1.-THE Secretary OF the
Interior has delivered opinion upon question of i'm
portance land railroads. submitted by the Com
missioner OF the General Land Office regarding the pro-
pretty Of Withdrawing from entry and settlement the
old sections OF land within the Indemnity limits OF the
Northern Pacific Railro I'd. The Commissioner was of
opinion that sons by the Secretary had tended
TO reverse the usual practice of the Land Office IN such
cases namely, to withdraw the lands comprised within
tho granted and indemnity limits upoI the Ming oil the
man of dcdnite location In his decision the secretary
denies that this construction 10 to be placed upon the
former DECISIONS holds that the matter open for
the consideration of the Department After quoting the
granting acts OF 1864 and 1870 the Secretary calls at
teutlou TO the fact do provide either specih
calIy or generally for executive withdrawal OF land
within either granted or indemnity limits The power
of the Department TO withdraw granted lands without
such direction beyond question, the Secretary
anC by panty OF reasoning the authority to whdrlw
indemnity lands follow, and in fact such authority
has repeatedly been exercised. The company claims
that the operate an absolute exclusion OF te
right entry In boz granted and Indemnity limits from
the moment OF the Ing Of the route OF definite location
This ia undoubtedly of the granite lands But TO
the indemnity lands tho law gives not title but right
TO acquire title by selection based deficiency In the
granted lands The place the whole subject under
the direction OF the Secretary OF the Interior and 1t must
be held that the power resides in the Department 10 ad
Judge when. In what manner and 10 what extent the
satute REQUIRES of such control and dircc
ON 40 "a give TO the public well as the particular
grantee the rights and privileges granted by Law
The Secretary says: 81 cannot shut my eyes 10 the
fact that ands public nut for tue rght OF
selectiOH), lying within indemnity limits are brrod 10
settlement and that the area OF arabic lands open TO
settlenent not great when compared with the IN
crtsing demand. and Is rapidly diminishing. II the
couulIly urgccs make its selections ana takes ad-
vantage OF Withdrawals heretofore male. or tlat
NAV made hereafter, Withhold lands within the In
demny limit from the operation O the settlement laws
moi actually needed TO make good losses II has sus-
tanned II win be the duty o! the Dcpar nrnt to rcvOAe
such order OF withdrawal In reply TO yOur suggostlI
Wi Letncr thc Withdrawals In the indemnity lnlts OF
tbns Grant are stand far lie, have To say
that am opinion tIat such Withdrawals should,
al least present, be malnt ned an further OF
thc opinion that, upon filing maps OF approved definite
location, Withdrawals Of lands within the indemnity
limits should be made by TO the extent OF The first
indemnity limits must decline TO comply with Tue fe
aues company 10 withdrawal OF thc ldbds
within the second indemnity limits Ia the Territories
Tic nearest these Lands nifty miles and the urti
esl sky miles distant from the re Of The road AS
au at pe.ent advised. do no. think IT, probable mat
ine company will be Obliged to resort 10 those
lin selection OF lien lands. But II such should be
the case there will doubtless he sufficient quantity OF
land left within such limits 10 enable tue company TO
secure the full amount OF its grant"