The Bozeman weekly chronicle. (Bozeman, Mont.) 1883-1889, 1888-08-29
OOPP'S LAND REVIEW.
Lands in Railroad Limits-When Rights
Of Grantees Attach.

- uhV otiJ WV q
tions within prescribed limits are grant.
ed in aid of the construction of railroads,
though in n or two instances ven
numbered sections have been 30 disposed
of. The acts making grants, whether of
odd or even-numbered sections, usually
provide for an increase in price of the
lands in the alternate odd or even.
numbered sections within the grants re-
served to the government, so that they
are sold al double the price askad for
lands of like character not within the
limits of the grants.
Rights under railroad grants attach to
the lands granted upon the filing by the
grantee lState or company in the Office
of the Secretary of the Interior and the
acceptance by that officer of the maps
showing the definite or final location of
the lines of route of the railways.
If at the date of the fling of such
maps any of the lands which might
otherwise have passed under the grant
are occupied by actual bona fde settlers
entitled to enter tn, same under the
homestead or presumption law, or if they
are covered by an uncanciled filing. en-
try or selection, or if there appears upon
the official records anything to indicate
that the same have been appropriated Or
reserved in any manner, except as in
demnity for a prior grant-the tracts SO
occupied, covered, appropriated or re-
served are excepted from the operation
OF the grants and cannot thereafter be
legally appropriated to the purposes of
the grant. but remain subject to disposal
under the public land laws as though no
grant had been made.
Indemnity lands are those set apart
for the purpose of supplying to the gran
tees any deficiency in quantity, or losses
from the grants, caused by sales, reser
vations, or appropriations by the gov
eminent of lands which might have
passed under the grants, and usually
consist of the sections corresponding in
number to those granted, though it has
occurred in the history of grants of this
character that the odd Numbered Sec
tions have been taken as granted lands
while the indemnity has been selected
from even.numbered sections. Upon
the definite location of lines of railway
it has been customary to withdraw for
indemnity purposes iceland specified
by the grant for that use. In some of
the granting acts special provision is
made for such Withdrawals. in others
the Withdrawals are ordered by the Sec
rotary of the Interior without express
statutory authority, and the courts have
held that such Withdrawals are legal and
operate, while in force, 10 reserve the
lands from sale or disposal except on &C
count of the grants. These Withdrawals
take effect upon receipt of the orders at
the district land Offices, and all tracts
occupied. covered by filings, entries, ETC.,
at that time are excepted from the OPP
Grafton of the Withdrawals. Such ex-
ceptance does not operate, however, to
prevent the grantee from subsequently
selecting the same if they be found va
cant and necessary to make up the com
plement OF the grant, A tract covered
by an entry at date of Withdrawal,
becomes subject to settlement and entry
by the first legal applicant or to selec-
ton on account of the grant, immedi
ately upon the cancellation of the entry
by which it was excepted.
The act of June %, 1874, allows the
grantees in case a settler be found upon
any of the granted lands-who could, if
it were not for the grant. acquire title
thereto-to relinquish to the government
for the benefit Of such settlers, the land
30 occupied and select in lieu thereof
any vacant, appropriated, unreserved
tract of public land within the limits of
their grants not exceeding in area the
quantity of the tract relinquished. I'm.
der this law the lieu lands are almost
invariably taken from even numbered
The act of April q, 1875 Q9 Stat, s5),
protects settlers who have made enteiies
Of lands in railroad limits under various
circumstances, but is too intricate in it's
operations to admit of a full explanation
an article like thia.
The act of January 10, 1881, allows
oersons who have settled upon railroad
ands in expectation of acquiring title
rom the companies (where the lands
nave been restored) to enter under the
homestead or presumption laws, or if
hey have exhausted their rights under
aid laws. to purchase for cash or scrip
lot to exceed l60 acres of the land oc.
.upied by them.
The act of March 8, 1887, authorizes
he institution of suits to restore
he United States title to lands
'rroneously conveyed under railroad
rants, and affords protection to settlers
N and purchasers of said lands.
HENRY N. CopP.