Wood River times. [volume] (Hailey, Idaho) 1882-1915, 1888-08-21
LAND REVIEW.

LAND REVIEW.
Lands In Railroad Limits-Whe Rights
Of Grantees Attaci--W What Tracts are
Excepted From the Grants-Etc.
AS rule, only the odd-numbered
sections within prescribed limits are
granted in aid of the construction OF
railroads, though in ono or two in.
stances even-numbered sections have
been SO disposed Of. The acts max.
ing grants, whether Of odd or even.
numbered 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, 80 that they are sold
ut double the price asked for lands Of
like character not within the limits of
the grants.
Ri hts under railroad grants attach
to the lands granted upou the filing
by the grantee Estate or company in
the Office of the Secretary of the In
terror aud the acceptance by that
officer of the maps showing the def.
mite 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 tde set
tiers entitled to enter the same under
the homestead or pre- emption law, or
if they are covered by al uncancrled
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
msnner, except as indemnity for a
prior grunt-the tracts SO occupied,
covered, appropriated or reserved are
excepted from the operation of the
grants and cannot therefore be legally
appropriated for 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 guam
.itv, losses from the grants, caused by
sales, reservations, or appropriations
by the government OF lands which
might have passed under the grants,
aud usually consist Of the sections
corresponding in number to those
granted, though it has occurred i" the
history of grants OF this character
that the odd.numbered sections have
been taken as granted lands while
the indemnity has been selected from
even-numbered sections. Upon the
definite location of lines of railway it
has been customary to withdraw for
indemnity purposes the lands speci'
6eu 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 Sec, etary of the Interior with.
out express statutory authority,
and the courts have held that
such Withdrawals arc 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 ut the district land
offices, and all tracts occupied,
covered by filings, entries, etc, at
that time are excepted from the OPP
Grafton of the Withdrawals. Such
acceptance does not operate, however,
to prevent the grantee from subse'
quen,ly selecting 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 excepted
from the withdrawal, becomes sub.
ject to settlement aud entrv by the
frst legal applicant or to selection o"
account of the grant, Immediately
upon the cancellation of the entry by
which it was excepted.
The act of June ~, 1874, allows
the grantees III case S''.'e w
found upon any of the granted lands
who could, If it were not for the
grant, acquire title thereto--to relin'
uuish to the government, for the
benefit of such settler, the land SO
occupied and select in lieu thereof
anv vacant, unappropriated, unrc,
served tract of public land within the
limits of their grants mt exceeding
in area the qu~ntitv of the tract re-
, limo uished. Under this law the lieu
lands are almost invariably taken from
even.numbered sections.
The act of April 21, 1876 Us Stat
35), protects settlers who have made
entries of lands in railroad limits