The St. Johns herald., 1888-08-30
COPP'S LAND REVIEW.
Lands fin Railroad LimitS-When Rights of Grantees Attach What Tracts are Excepted from GrantS-WithdraWaIS of FRdem- nity Lands Excepted from such WithdraWaIS-Etc., Etc.
Written for the St. Johns Herald.

UlNuuA
 Written for the St. Johns Herald
 Asa rule, only the odd-numberec
 sections within prescribed limit
 are granted in aid of the construc
 ton of railroads. though in one OI
 two instances even-numbered sec
 tions have been so disposed of. The
 acts making grants, whether of odd
 or ever-numbered sections, usually
 provide for an increase in price 0I 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 char acter not within the limits of the grants.
 Rights under railroad grants at- tach to the lands granted upon tie filing by the grantee States or com pany) in the office of the Sccre- tary of the Interior and the accep- tance by that officer of the maps showing the definite or final loca- ton of the lines of route ofthe rail- ways.
 If at the date ofthe filing of such maps any of the lands witch might otherwise have passed under the grant are occupied by actual bona fide 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 in dicate that the same have been ap- propriatcd or reserved in any man. CT, except as indemnity for a prior grant-the tracts so occupied, covered, appropriated or reserved are excepted from the operation of tho grants and cannot Thereafter be legally appropriated to the pur- poses of the grant, but remain sub- ject to disposal under the public land law as though no grant had been made.
 Indemnity lands arc those set apart for the purpose of supplying to the grantees any deficiency in quantity, or losses from the grants, caused by sales, reservations or rap- propriationS by the government of lands which might have passed un- der the grants, and usually consist of the sections corresponding in number to those granted, though 1t has occurred in the history of grants of this character that the odd-nnmbered sections have been taken as granted lands while the indemnity has been selected from eren-numbered sections. Upon the the definite location Of lines of railway it has been 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 wish i drawa's are ordered by the Secre- tary of the Interior without express statutory authority, and the courts have held that such withdrawals l 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 receipt of the nr- ders at the district land offices, and all tracts occupied, covered by fil- ings. entries, etc, at that time are excepted from the operation Of the withdrawals. Such acceptance does not operate however, to prevent the grantee from subsequently, select ing the same if they be found va cant and necessary to make up the of the grant. A tract covered by an entry at date of withdrawal, and thereby excepted from the withdrawal, becomes sub ject to settlement and entry by the first legal applica0t or to selec- A.