953 GROECK v. SOUTHERN PAC. R. R. CO. 183 U. S. 690-692 Secretary of Interior was not authorized by act of 1866 granting land to Southern Pacific Railroad to withdraw from settlement lands within indemnity limits of grant in advance of selections. Approved in United States v. Midway Northern Oil Co., 216 Fed. 806, holding President had no power to withdraw from entry over three million acres of oil land in California and Wyoming in aid of proposed legislation affecting use and disposition of petroleum deposits in public domain; United States v. Southern Pac. R. Co., 167 Fed. 513, 93 C. C. A. 146, right of railroad to select lieu lands within indemnity limits for lands lost within primary limits of grant by act of 1866depends upon statute of land at time of selection, not at time of grant, and selections may be made from lands granted to Atlantic and Pacific railroad by same act and forfeited under act of 1886; Holmes v. United States, 118 Fed. 998, 55 C. C. A. 489, holding under act 1881, protecting settlers improving odd-numbered sections within railroad withdrawal in good faith, right not lost by inclusion in forest reservation; dissenting opinion in United States v. Midwest Oil Co., 236 U. S. 506, 59 L. Ed. 694, 35 Sup. Ct. 309, majority upholding President's order of 1909 withdrawing over three million acres of oil land in California and Wyoming in aid of future legislation. Explained in United States v. Midwest Oil Co., 236 U. S. 473, 59 L. Ed. 681, 35 Sup. Ct. 309, order of 1909 of President withdrawing over three million acres of oil land in California and Wyoming in aid of future legislation for purpose of retaining fuel supply for navy, is. valid. 183 U. S. 690-692, 46 L. Ed. 390, 22 Sup. Ct. 268, GROECK v. SOUTHERN PACIFIC R. R. CO. Cited in Northern Cent. Ry. Co. v. Hering, 186 U. S. 481, 46 L. Ed. 1259, 22 Sup. Ct. 944, and dissenting opinion in St. Louis Cordage Co. v. Miller, 126 Fed. 518, 63 L. R. A. 551, 61 С. С. А. 477. Servant's assumption of risks from master's negligence. Note, 28 |