Arizona weekly citizen., 1888-08-25
Copps Land Review.

As a rule, only the odd-numbsred sections within prescribed limits gre granted in aid of tho ooDstrnetion ot railroads, though in one or two in- etarces eveD-pumbered sections hsVe been so disposed of. The acts making grants. whether of odd Or evsn-nnmoer- ed esctions within the grants reserved 10 the coyerrmeni, sO that they are sold s, double the price asked for lands of like character not visbIn the limits os the gTanss.
 Rights under rsIlrosd grants attach to the lands granted upon the hing by the grantee (State or company n the office of the Secretary of the Interior and tbe scceptsoce by that officer of the maps showing tue definite or hnal locs- tion of tbe lines of route Of the rail- wsys.
 If at the dste of ihe filing of such maps sny 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 Jaw. or It they are covered by an uncsnoeled hiipg, entry or selection. or II there appears noon .be off lal records anything to in dicste thst the same have oeen sp- propristed or reserved ID any manner, except as indemnity for 8 prior g,snt- the tracts SO occupied, covered, ap- propriAted or reserved srs excepted from ihe operation of the RrAEts and cannot thereafie. 6e legally appropriated to the purposes Ot the grant, bus remain sobisc, 10 disposal under ihe public land laws as though no grant had been made.
 Indemnity lands are those set apart for the puspese of supp yiEg 70 the grantees any dehcieBcy m quantity, or losses from the grants. caused by sales, reservations, or spproprIsticns oy the government of lands which might havs passed under the grants, md usually consist of the seciiOns corresponding n number to those granted, thongh i. hEs occurred ID the history Of grants of thIs character that the odd numbered sections have been taken 6s granted lsnds while the indeu- uity hes been selected from even-num- berei sections. Upon the definite loca- tion of hnes of railway II has been cus- tomsry to withdraw f.r indemnity puf- poses the lands specified by ibe grant for that use, In some of the granting scts special provision IS mode tor euch withdrawals in others the withdrawals are ordered by the Secretary of the h. terior without express sstatutory Eutbcrl- l'ty, and the cOurta have held that such withdrawals are legal and operate, while ID force, Co reserve the lands from sale or disposal eIo- pt on account of the g-R1ls. These withdrawals tske elect upon receipt of the orders at the dis- 1 trict land offices, and Fl tracts occupied covered by tihnge, entries, etc, st that time are excepted from tine operation of the withdrawals. Such exceptsnce does | moi operate, however, to prevent the grantee fron subsequently selecting the same if they be found vacant and neces- | ssry 10 mske up the complement ot the grant, 4 tract covered by RB entry st dsse of withdrawal, and thereby eIcept- cd from the withdrawal. becomes cut iect SO settlement. and entry by the first lef al | applicant or 10 selection on account of the grant. immediately upon the csUcel- lstion of the entry by which t was ex- cepted.
 The act of June %, 1874; allows the grantees in case settler be found upon suy of the gran ed lands-vhO could, it it were not for the Rrsnt, acquire title therstc-to relinguisa to the govern ment, for the bsnefi, of such settler, the iacd SO occupied and se ect m lieu there of sny vacant. .unsppropristed. unraserv- ed ;rsct of public land within the limits O, their grants not eIceedirg in Rrsa the quantity oithe tract relinEuished, Un- dor tbis law the lieu lands are almost ID
 varisbly taken from even numbered sec- tone.
 The act of Arril 2I, 1876 ll9 Stat, 8
 protects seitlers who have made entries of lands in railroad liTTI,s under vsriOus circumstsnces; but is too intricate in it's operations io admit of a full eIplspa- ticn in an article like thIs.
 The set of Jsrusrv 13, 1881, allows persons who have settled upon railroad lands in expectation of acquiring title from the companies where the lands have been restored 10 enter under tte | hcmesiesd or pre-emption laws, or if they have exhausted their rights under said laws. to purchase for cssh CT scrip not to exceed l60 acres of the iand occu- pied by them.
 The act of March 3, 1887, authorizes the institution of suits t0 restore to the | United States title to lands erroneously conveyed under railroad erSnts and si- lords protection to settlers CD and pur- chasers of such lands.