The L'Anse sentinel. (L'Anse, L.S., Mich.) 18??-current, 1890-12-27
Recent Important Land Decis-
ions Rendered ny the Hon.
Secretary OF The Interior.

THET1cAL CASE.
Catlin VS.. Northern Pacific r. r. Co.
(On Reyiew)
In the absence OF sufficient rea scD, q
motion. for review will not be consider
ed, il not fled within the period pre-.
scribed by the rules OF practice.
The depai tment will not render an
opinion in Hypothetical case.
PROCEEDINGS by THE GOVERNMENT
SECOND HOMESTEAD.
United States w. Alexander.
In proceedings by the government
against an entry, stranger to the
record, alleging intervening settlement
rights, will not he heard to set up his
claim, but must await hedisposition of
the pending action.
The land department las authority
to cancel an entry where it is duly
shown to have been procured through
flse testimony.
A second homestead entry will not be
allowed to who has perfected title under
n former entry; and snch an entryman
will no. be heard to allege that his first
entity was in fact illegal, and fraudulent,
and hence no bar to the second.
RAILROAD GRANT -sETTLEMENT RIGHTS.
Northern Pacific Il. II. Co. VS.. Potter
ct al.
Where possession and occupancy
alone, at the time rights under rail.
road grant fttach, are relied on to
except the land from the giant, it must
af,lrmatively appear that the party in
such possession had the right at that
time TO assert claim to the land
in question under the settlement law.
The occupancy and possession of one
who has exhausted his rights Under the
homestead and presumption laws does
not constitute such "claim" as will de-
feat the operation of the grant.
The case of Northern Pacific r. II.
Co. vs.. Bowman, cited and distinguish
ed.
RAILROAD GRANT PRIVATE cLAIM-sUI-
Duncanson VIZ. Southern Pacific II. Il.
Co.
The survey of a private claim that is
not approved by the surveyor general
is not effective as against the operation
OF railroad grant.
The land reserved for the satisfaction
of a private claim having specific bound
aries is that found 10 bc within such
boundaries, on the survey under which
patent issues.
RAILROAD GRANT--INDIANu COUNTRY SET.
ELEMENT RIGHTS.
O@tlund VS.. Northern Pacific II, II.
CO.
Settlement on odd number section
which lies within the former boundaries
of the Indian country" claimed by the
Wahpeton ard Sisseton Sioux. and
wholly within the limits of the grant to
the Northern Pacific, does not, on the
extinction of the Indian title, confer any
rights as against said grant, if the set
Element is on that part of the land lying
within the Indian country.
RAILROAD GRANT INDEMNITY SELECTION
CONFLICTING GRANTS.
Southern Pgc fic Il. II. Co. VS.. Moore.
Lands within the grant to the Allan
tic and Pacific company IRE expressly
excepted from the later grant to the
Southern Pacific; and the act of con.
gress forfeiting certain lands granted
to the former company confers no rights
upon In latter to select lands never
embraced wi hin its grant.
HOMESTEAD coNTEsT--REsiDENc
Hilton vs. SHELTON,
Temporary absences on b,a mess
may be excused, where residence i, es-
tablislcd to the exclusion OF home
elsewhere. and the improvements de-
monstrate the claimants good faith.
RAILROAD GIsANT--BoMEsTEAD ENTRY
ACT OF MARCH 3, 1887.
Union Pacific R',y Co. VS.. Wasley.
A homestead entry Of record at date
OF definite location excerpts the land
covered thereby from the operation of
the prant, and it is immaterial whether
the entryman subsequently complies
with tho law, or not. "
An application to purchase under
section five, act Of March 3, 1887, will
not be finally considered until present
ed in accordance with departmental
regulations.
TIMBER CULTURE coNTEsT--DEvoID OF
TIMBER.
Zorne VIZ. Reid.
A timber culture entry within sec
ton containing natural growth Of
valuable timber trees is invalid and will
be cancelled.
Bid me discourse, and will enchant
AZ 4 .. --.