Sturgis advertiser. (Sturgis, Dakota [S.D.]) 1887-1???, 1888-08-22

uHcdHceleu hung, enuTy, OF seiecblOn, or
il 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, the tract SO occupied, covered, APP
propriated or reserved 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
grantees any deficiency in quality, or
losses from the grants, caused by sales,
reservations, or appropriations by the
government 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 sections
have been taken as granted lands while
the indemnity has been selected from
even-numbered sections. Upon the def
mite location Of lines Of railroads it has
ben customary to withdraw for indemnity
purposes the land 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 Secretary Of the In
terror without express statutory author
ity, 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 grants.
These Withdrawals take effect upon re-
ceipt Of the orders at the district land Of
fees, and all tracts occupied, covered by
filings, entries, etc., at that time arc ex-
cepted from the operation of the with
drawals. Such exceptance does not OPP
crate, however to prevent the grantee
from subsequently, selecting 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, becomes subject to settle.
nent and entry by the first legal appli-
can't or to selection on account of the
grant, Immediately upon cancellation Of
the entry by which il was excepted.
The act of June %, 1874, allows the
grantees in case settler be found upon
any of the granted lands to relinquish to
relinquish to the government for the
benefit of such settler the land so occu-
pied and select in lieu thereof any vacant
unappropriated land within the limits Of
their grants not exceeding in area the
tract relinquished.
The act of April 81, 1876, (19 Stat.
35: protects settlers who have made en-
tries Of lands in railway limits under va
rious circumstances, but is too intricate
in its operations to admit Of full ex-
PLANTATION in an article like this.
The act of January 8, 1881, allows
persons who have settled on railroad
lands in expectation Of acquiring title
froaas the companies (where the lands
have been restored to enter under the
homestead or presumption laws, or if
they have exhausted their rights under
said lhws, to purchase for cash or scrip
not ao.exceed 100 acres of the land occu-
pied by them.
Rne. act of March 8, 1887, authorizes
the institution of suits to restore to the
United States title to lands enormously
conveyed under railroad grants, and af-
ferds protection to settlers on and pur-
chasers of such lands. HENRY N. Cor.