Lyon County times. [volume] (Silver City, Nev.) 1874-1907, 1888-08-25
COPP'S LAND REVIEW.

Tracts are Excepted from the Gran is
WithGrawa,s Of , I%a" sLSn h& W;tS
drawals-Rights of Grantees and
settlers to ndemnity Lands Except
ed from WithdraWais.Act Of June
Of January I3, Issi-Act OF March 3,
1857.
AS rule, only the odd numbered sections
within prescribed limits are granted in aid Of
the construction of railroads. though in one
or two instances even-numbered sections have
been so 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 reserved to the
government, SO that they are sold at double
the price asked 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
Estate or company in the Office Of the Score.
tary 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 filing of such maps
any of the lands which might otherwise have
passed under the grant are occupied by actual
bona Rde settlers entitled to enter the same
under the homestead or pre- emption law, or
if they are covered by an uncanceled filing,
entry, 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 indemnity for
prior grant-tke tracts so occupied, covered,
appropriated or reserved are excepted from
the operation of the grants and cannot there.
after 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 grantees any de-
fciency in quantity, or losses from the grants,
caused by sales, reservations, or appropria-
tions by the government of lands which might
have passed under the grants, and usually
consist of the sections corresponding in mum.
to those granted, though it has occurred in
the history Of grants Of this character that
the odd numbered sections 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 in
demnity purposes the lands specified by the
grant for that use. In some Of the granting
acts special provision is made for such with
drawals, in others the Withdrawals are or
dered by the Secretary of the Interior with
out express statutory authority, and the courts
have held that such Withdrawals are legal
and operate, while in force, to reserve the
lands from sale or disposal except on account
of the grauts. These Withdrawals take eff,
feet upon receipt Of the orders at the district
land Offices, and all tracts occupied, covered
by filings, entries, ETC., at that time are ex-
cepted from the operation Of the Withdrawals.
Such exceptance does not operate, however,
to prevent the grantee from subsequently, Sc
lectIng the same if they be found vacant and
necessary to make up the complement Of the
grant. A tract covered by an entry at date OF
withdrawal, and thereby excepted from the
withdrawal, becomes subject to settlement
and entry by the first legal applicant or to Sc
lection on account of the grant, Immediately
upon the cancellation Of the entry by which
it was excepted.
The act of June IL, 1874, allows the gran
tees in case settler be found upon any Of
the granted lands-who could, if it were not
for the grant, acquire title thereto-to relin.
quish to the government, for the benefit o.
in lieu thereof any vacant, unappropriated
unsurveyed tract of public land within the
limits of their grants not exceeding in area
the quantity of the tract relinquished. Under
this law the lieu lands are almost invariably
taken from even numbered sections.
The act of April FL, 1876, (Io Stat, $50
protects settlers who have made entries o
lands in railroad limits under various circum
stances, but is too intricate in its operations
to admit of full explanation in an article
like this.
The act of January 10, 1881, allows per
sons who have settled upon railroad lands il
expectation of acquiring title from the com
panies (where the lands have been restored)
to enter under the homestead or pre- ,empuon
laws, or if they have exhausted their right:
under said laws, to purchase for cash or SCRIP
not to exceed 100 acres of the land occupied
by them.
The act of March 3, 1857, authorizes the
institution of suits to restore to the United
} States title to lands enormously conveyed un
der railroad grants, and affords protection tc
settlers on and purchasers of such lands.
HENRY N. Corp.
, | &dVice 10 Mothers,