The diamond drill. (Crystal Falls, Iron County, Mich.) 1887-1996, 1888-08-25

tnOugh IN one or TWO INSTANCES even
numbered sections have been so disposed
OF. The acts making grants, whether OF
odd or even-numbered sections, usually
provide for an increase i'm price OF the
lands in the alternate odd or even-num-
bered sections within the grants reserved
10 the government, so that they are sold
at double the price asked Tor 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 Estate or company in the office
OF the Secretary oi the Interior and the
acceptance 10y that officer Of the maps
showing the definite or final location Of
the lines of route of the railways.
II at the date OF the filing oi such maps
any 81 the lands which might otherwise
have passed under the grant are occupied
by actual bona fde settlers entitled TO
enter the same under the homestead or
pre-emption law, or il they are covered
by an uncanceled filing, entry, or selec-
ton, or II there appearr upon the official
records anything to indicate that the
same have been appropriated or reserved
i'm any manner, except as indemnity for
prior grant-the tracts SO occupied,
covered, appropriated or reserved are
excepted from the operation Of the grants
and cannot thereafter be legally appro-
priated 10 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, 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 90 those granted, though il has
occurred in the history Of grants OF this
character that the odd-numbered Sec
tions have been taken as granted lands
while the indemnity has been selected
from evch-numbered sections. Upon the
definite location lines of railway IL has
been customary TO withdraw for indem-
nifty purposes the lands specified by the
grant FOR thatuse. In some Of the grant
ing acts special provision is made for
such Withdrawals, in others the with
drawals are ordered by the secretary Of
the Interior without express statutory
authority, 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 receipt OF the orders NJ the district
land offices, and all tracts occupied,
covered by filings, entries, etc, at that
time are excepted from the operation OF
the Withdrawals. Such exceptance does
not operate, however, 20 prevent the
grantee from subsequently selecting the
same II they be found vacant and neces-
sary to make up the complement OF the
grant. A tract covered by an entry at
date OF withdrawal, and thereby except
ed n om the withdrawal, becomes subject
TO settlement and entry by the first legal
applicant or 20 selection ON account Of
the grant, Immediately upon the cancel
lation OF the entry by which il was ex-
cepted.
The act OF June %, 1874, allows the
grantees in case settler be found upon
any OF the granted lands--who could. II
il were not for the grant, acquire title
thereto--to rclinquish TO thegovernment,
for the benefit Of such settler, the land so
occupied and select ia lieu thereof any
vacant, unappropriated, unreserved
tract OF public land within the limits OF
their grants not exceeding in area the
quantity Of the tract relinquished. I'm
der this law the lieu lands are almost
invariably taken from even numbered
sections.
The act Of April 81, 1876 90 Stat, 35)
protects settlers who have made entries
OF lands in railroad limits under various
circumstances, but is too intricate In its
operations 10 admit Of a full explanation
in an article like this.
The act of January Is, 1881, allows
persons who have settled upon railroad
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