Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1885-06-27
IxDEnNIrY LANDS.
lapse ef the Atlantic and Pacific
esPnnf.
q. T. Chronicle. ]

Commissioner w. A. j. sparks, Of the
General Land Office as Washington,
rendered an important decision on June
18th, which practically declares the In
demnity lands Of the Atlantic and Pa
eiic Railroad Company open TO selection
ander the United States general land
laws. The indemnify lands in question
are the odd numbered sections lying
bStveep the twenty and thirty mile linn
iss on line uhich runs through Monte
rev, San Luis Obispo and Ventura noun
tiss, and crosses from santa Barbara
county across the northern part OF Los
AnesIrs county, PASSING through San
Bsfaardino county. In the case before
the Commissioned oaa Edmund Pate, on
New. 10, 1884, made q homestead entry
on certain lots in section "a OF township
Is soath, range east, Mount Disblo me-
ridiAn. Discovering subsequently, thai
q portion Of the lands were covered BY
the pre-emptioR of Jesus Romero, be
applied for leave to substitute other lots
within section 80, which, being an odd
Numbered section within the line de-
scribed. formed part OF the indemnity
lands withdrawn for the benefit Of the
railroad in April, 1872, under the grant
Of Jniy "a. 1866.
In passing upon the application, The
Commissioner. referring TO the Atlantic
and Pacifio Rail, DAD Co.. says:
Inc company named has constructed
no portion of its road in the State of
California, and the time within which
said road should have been completed
expired July 4, 1878. The right OF said
company could only attach to lands
within she indemnity limits of its grant
by selection, and no selection has been
made. The road being unesnstrucied
there does not exist even q right to &C.
loot, hence the Atlantic ard Pacific
Railroad Company has no claim TO the
laud. The Withdrawal Was made for
the purpose OF enabling the company TO
ascertain the losses within the primary
limit Of its grants and 10 make is De
lections. Haviua earned no lands, IL
has sustained no losses IN tbat respect,
aud It's grant has expired and ia liable
70 forfeiture. SAID withdrawal was
purely executive In lbs character, neither
authorized nor required by she granting
act, and conferred no vested right on
the railroad company inconsistent With
the riRhs Of the Governments TO dispose
Of the land under the homestead, pre-
emption or other laws. Resn ". H. X.
Co, 80 q. :. sa2; Cedar Rapids cases.
ll0U. 3. "a; x. p. X. r. Co. va. A. r. and
). y. X. Il. Co., ITO U. ). IA; Sc. p. and
NJ. II. Il. Co. W. Winene and Sc. p. X.
h. Co, III y. 9. FOL The effsss Of said
Withdrawal on the land applied for 10 =
question solely between the applicant
and the Government As affecting his
right 90 enter the same. 1t 10 nearly
thirteen years since tho withdrawal was
made, ample time for the company to
have earned the riaht 10 make selections
and 10 have selected, and now the land
10 In possession of q settler who desires
o. establish bis home thereon. there
fore decide 10 allow Mr.. Pate's appiica-
ton to amend his satsy % a. 20 include
thsreby the soath half OF the northeast
Quarter OF section s., township Is soath,
range / east, Meunt Diahlo meridian,
and his application is herewith returned
for that purpose. The Atlantic and
Paeifis Railroad Conpany, having no
claim 20 thu land, hss no right OF appeal
from this section. Very respectfully,
NM. A. y. SPARES,
Commissioner.