Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1885-07-31
The Indemnity Lands.
Following - the iull text Of Com
Sparks late order:

l"t,rtNt t.ut uIr l>rrKtuK.
'iNtrN NNu oIIht.
" ,-ruNoto>. II &, .luN H.. l>s1
a. r., h,g..t, a,,i E.re u.ct p,e Gen,,at
LfHt uFir h'Ni Wait - l.
GtNlttNi>
On ptcembcr -. lSSi. Guilforl
Miller made homestead entry No.
j 800. fpt the southeast quarter OF
section II. township l. north. range
- east am now in receipt of tho
Register letter of February 10. 1880,
stating that tho land is within the
indemnity limits OF the grant to the
Northern Pacific Railroad Company
aud suggesting that the homestead
entry bo cancelled as having been err
ronoously allowed. the fees and com
missions refunded and the party be
permitted to make new entry.
This suggestion appears to be volun-
tary on your part, Mr.. Miller not be
lng heard from. The tract is within
iifty miles of tho line of the North
EN- Pacific raj road, according to the
map of the definite location, filed
October 1. 1850. II was formerly
embraced with tho forty miles limits
II withdrawal on map of general
J routes fled March 30, 1872, but well
outside of those limits upon adjust
mcnt to map of definite location and
within The limits of an indemnity
withdrawal, ordered November l3,
1850 /, IL, therefore, outside the
granted limits an | within the indcm.
nity limits as now established. The
question arising under this state OF
facts is. whether withdrawal of
! lands within The limits allowed for
indemnity selection Is effective AS II
prohibition of the settlement and en-
try of such lands under the public
land laws If the nitci States. The
answer To- this depends upon the law
/ The withdrawal was ordered ty The
Comn,ssioner Of the General Land
Office. Was ne author zed to make
Withdrawals which would prohib {,
settlement and entry upon public
.ands within those lmi'S? If so, b,
what provision # the statute? Til.
grant Ia tho company by act Of Jul,
,, 1864, (i3 statutes 1861 was for ten
aud twenty alternate sections per
mile on each side Of the road where
Il passed through States and Terri
ri,ories, respectively. whenever on
tho line thereof tho United States
have fall title not reserved, sold,
granted or otherwise appropriated,
and FREQ from pre.emption, or other
claims or rights at tho time ssid road
ls definitely fixed. and plat thereof
filed in the office Of tho Commissioner
u the General Land Office.
The indemnity provision is rs .ol-
lows " And whenever piior 10 said
time any OF said sections or parts of
sections shall have been granted,
sold. reserved, occupied by home
stead settlers, or prc-ompted or 9th
orwi-e disposed Of. other lands shall
be selected by said company in lieu
thereof, under the direction Of the
Secretary II tho Interior, III alternate
sections, aud designated by odd
numbers. not more than ten miles
heyoni tho limits Of said alternate
SECTIONS The act of May 81. 1870,
tlG statutes. $3.50 extended these
limits ten miles further, in the event
that Deficiencies could not be sup
Piled within tho iiist ten miles be
yond the granted limits. The ninth
anl sixth sections u! the act of 1861
provided fot " the survey for forty
miles ~ width on both sides Of the
entire limo of SAID road after the gen.
erai route shall be fixed, and rs fast
~ may be required by the construc
ton of said railroad, and that the
odd sections Of lands hereby granted
shall not bc liable to sale or entry or
pre.emptlon before or after they are
surveyed. except by said company
~ provided III this act but that the
prasisons of the homestead and ie-
ompiOn laws shall be, aud the same
are hereby, extended to all orhe.
lands on the line of sad Ioad, whep
surveyed. except those hereby gran.
"a to sad company" The lands
tfo,idol by this section to be re-
served from sale. entry or pre-emp-
ton were the lands granted by the
act. namely. Lands within odd
numbered sections for the pre-.
sciibed distance on each side of the
road, which. IN the Territories, was
forty miles. No other lands were
granted The distinction between
lands granted aud lands from which
indemnity may bo taken to supply
Deficiencies IN the grant is broadly
marked
The distinction has been frequent
~ drawn ia judicial decisions. The
land. provided by the sixth section
10 bo reserved from sale, entry OF
pre- emptiun were tho odd numbered
sections within the primary or grant