St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-07-15
INDEMNITY LIMITS.

VI course IuS ueclSlOn TeuueTeu Dl NOl-
missioner SPARKS withdrawing the indem-
nifty limits of land grant roads is subject to
review by the secretary of the interior.
But the commissioners decision is so clear
and distinct and so well in accord with prin
ciples laid down by the supreme court of
the United States, that it is hardly possible
that Secretary LAMAR will attempt to re-
verse it. For all practical purposes the de-
cision rendered by the land commissioner
will be the law so far as this administration
is concerned, and parties interested in the
matter may prepare to govern themselves
accordingly. The commissioner holds that
1.-THE distinction between lands granted and
lands from which indemnity may be taken
to supply deficiencies in the grant is broadly
marked. This decision has been fire.
quently drawn in judicial decisions" Mr..
SPARKS then proceeds in his direct way of
dissecting legal questions to discuss the
statute which contains the indemnity
provision, and making an applica-
ton of his argument to the case he
had under advisement-the one referred to
him by the land Office at Walla Walla-
says: ''rhe act provided for the reservation
of a certain portion of granted lands. 1t did
not provide for reservation of indemnity
lands. The express mention in statute of
one person or thing is the exclusion of
another. The express reservation of
granted lands excluded authority for any
reservation of lands not granted. The
statute expressly declares what land shall
be reserved. No other lands, therefore,
10 D,,s ln
not stop with that declaration. 1t proceeds
to explicitly declare that the pre-emption
and homestead law shall be extended to
all other land on the line of said road.
The legal principle that no other lands were
or could be reserved than those especially
mentioned is thus enforced by a statutory
provision equivalent to a mandate that no
other lands should be reserved. 1t is clear
to me that there is no authority of law for
a withdrawal of lands within the limits of
indemnity selection under this grant. 1t is
equally clear that reservation of such
lands from presumption and homestead
entry is positively inhibited by the statute.
In giving notice of the resolution of granted
lands which the law provides should be
reserved in a certain time and manner, the
jurisdiction and power of the administra-
tive officer was necessarily exhausted.
Congress has exclusive power to regulate
the disposal of public lands If congress
does not choose to provide for the reserva-
ton of lands to await selection by the IA il
road company, it is not easy to see how the
commissioner Of the land Office could eX-
tend the law to effect such reservation"
iccinfnr IN 10
cision in the ST. Paul Railroad Company VS..
The Winona Railroad Company TO show
that the ruling of Secretary TELLER in
1888 was wrong. The law, as the commits
sioner understands it and lays it down for
the guidance of the various land officers, is
that mo rights vest to land embraced in
granted limits until the granted sections
are defined by the lawfully fixed location of
the line of the road, and that no right what
ever vests to lands within indemnity limits
until the right of selection has been ac-
quired and a selection of particular tract
to supply ascertained deficiencies in granted
sections has actually been made. In either
case 1t is the acquisition of a vested RICH
by the railroad company which cuts off tn
right of entry to lands in either limit. TIL,
time when such right may accrue is differ
ent in respect to the different limits. Fol
lowing these decisions by the authority By
which am governed, must hold that
withdrawal of land by the commissions
of the general land office, when withdraw
: ais from settlement, entry or other appro
priation serves only as information in defin
ing the limits within which indemnity ST
l. 1t
manner, but is not operative as a prohib
ton of settlements and entries within sue
limits under the public land laws prior I
} the time when lawful selections by the rail
road company have actually been made"
; This decision of the land commissioner
) of inestimable value to the entire North