The Lincoln County leader. [volume] (White Oaks, Lincoln County, N.M.) 1882-189?, 1888-08-25
CoPP'S LAND REVIEW .
Lands IN IL. IL. Limits Wien
RightS Of Grantees Attdeh-
What Tracts are Eacepte2 from,
the Dr0afs ,ec

tfct CfUNCo, NCCs
AS a rule, only the'odd number
ed sections, within prescribed lin
its are granted in aid of the con
struction of railroads, though II
one or two instances even-numbcr
ed sections haye been so disposed
OF. The acts making grants,
whether of odd or even-number-
ed 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 with
in the limits of the grants.
Rights under railroad grants at
tach to the lands granted upon the
filing by the grantee (State or com
panY)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 tho
lines Of route of the railways.
If at the date of fling OF such
maps any of the lands which might
otherwise have passed under the
grant are occupied by actual bona
tide 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
dlcate that the same have been ap
propiated or reserved IN any man
ner, except as indemnity for a pri-
or 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 a.
part lor the purpose OF supplying
to the grantees any deficiency in
quantity, or losses from the grants,
caused by sales, reservations. or
appropriations by the governmont
OF lands which might have passed
under the grants. and usually con
sist of sections corresponding mum
Der to those granted, though thas
occurred in the history of grants of
this character that the odd-number-
ed sections have been taken as
granted lands while the indemnity
has been selec ed from even-num-
bered sections. Upon the definite
location of lines Of railway it has
been customary to withdraw for in
demnity purposes the lands specih
ed 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 ordered by the Secretary OF
the Interior without express statu-
tory authority, and the courts have
held that such Withdrawals are Ia
gal and operate, while in force, to
reserve the lands from sale or dis
pOsal except Oh account of the
grants. These Withdrawals take
effect upon receipt of the orders at
the district land Offices, all tracts
occupied, covered by filings, en-
tries, etc, at that time are except
ed from the operation of the with
drawals. 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 except
from the withdrawal, becomes sub
ject to settlement and entry by the
first legal applicant or to selection
on account efthe grant, Immediate