Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1888-09-28

LANDS IN RAILROAD LIMITS-WHEN
RIGHTS OF GRANTEES ATTACH-wHAI
TRACTS ARE EXCEPTED FROM THE
Observation-Disclosures OF INDEMNI-
TY LANDS-LANDs EXCEPTED FROM
SUCH WITHDRAWALS - RIGHTS OF
GRANTEES AND SETTLERS TO INDEM-
NIFTY LANDS EXCEPTED FROM WITH
DRAwALs-ACT OF JUNE %, 1874
ACT OF APRIL 81, 1S76-ACT OF JAN
UARY 13, 1S8l-AcT OF MARCH 3,
1887.
AS a rule, only the odd-numbered
sections within prescribed limits are
granted in aid of the construction of
railroads, though in one or two in
stances even-numbered sections have
been so disposed of. The acts making
grants, whether of odd or even-num-
bered sections, usually provide for an
increase in price of the lands in the
alternate odd or even-numbered Sec
tions 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 (State 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 filing of such
maps any of the lands which might
otherwise have passed under the grant
are occupied by actual bona fde set
tiers 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 any
thing to indicate that the same have
been appropriated or reserved in any
manner, except as indemnity for a
prior grant-the tracts so occupied
covered, appropriated 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 quantity, OF
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 CORE
spending 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 in
demnity has been selected from even
numbered sections. Upon the definite
location OF lines of railway it has beer
customary to withdraw for indemnity
purposes the lands 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 Secre
tary of the Interior without expires.
statutory authority, and the courts
have held that such Withdrawals art
legal and operate, while in force, to re
serve the lands from sale or disposa
except on account of the grants
These Withdrawals take effect upon re
ceipt of the orders at the district lane
offices, and all tracts occupied, covered
by filings, entries, ETC., at that time ar,
excepted from the operation of the
Withdrawals. Such exceptance doe
not operate, however, to prevent tn.
grantee from subsequently selectin:
the same if they be found vacant ant
necessary to make up the complement
of the grant. A tract covered by al
entry at the date of withdrawal, and
thereby excepted from the withdrawal
becomes subject to settlement and en-
try by the first legal applicant or t.
selection on account of the grant, i'm
mediately upon the cancellation of tn,
entry by which it was excepted.
The act of June %, 1874, allows tn,
grantees in case settler be found upor
any Of the granted lands-who could
if it were not for the grant, acquire ii
tie thereto-to relinquish to the Gov
ernment, tor the benefit of such settler
the land so occupied and select in lie,
thereof any vacant, unapprOpriated
unreserved tract of public land within
the limits of their grants not exceed
ing in area the quantity of the tract
relinquished. Under this law the lie,
lands are almost invariably taken from
the even-numbered sections.
The act of April 81, 1876 (19 Stat.
35), protects settlers who have mad,
entries of lands in railroad limits un
der various circumstances, but is toe
intricate in its operations to admit of .
full explanation in an article like this
The act of January 13, 1881, allow.
persons who have settled upon railroad
lands in expectation of acquiring titls
from the companies (where the lands
have been restored), to enter under tn,
homestead or pre-emption laws, or il
they have exhausted their rights unde
said laws, to purchase for cash or scril
not to exceed 100 acres OF the land oc
cupied by them.
The act of March ?, 1887, authorize
the institution of suits to restore t.
the United States title to lands errone
ously conveyed under railroad grants
and affords protection to settlers OF
and purchasers of such lands.