Railroad Grant-Continued. IV. DEFINITE LOCATION-Continued. The right of the California and Oregon Company under the act of July 25, 1866, attaches to the granted sections when the map designating the line of its road is filed with the Secretary of the Interior and accepted by that officer. XII-133 The provision in section 2, act of July 25, 1866, requiring the survey of sixty miles of the road prior to any withdrawal therefor is not intended to require subsequent maps of definite location to be in sections of sixty miles. XV-56 The grant of March 3, 1871, not only contemplates a preliminary designation of the general route, but also a map of definite location, and by such map the limits of the grant are determined (Southern Pacific). XI-582 The map of definite location of the Central Pacific Company was received and approved by the Secretary October 20, 1868, upon which date its right attached, and not, as heretofore held, on July 18, 1868, the date of the adoption and certification of the map by the officers of the company. II-488 The line of the Dubuque and Pacific (now Iowa Falls and Sioux City) Company was definitely fixed October 13, 1856, the date of acceptance by the Secretary of the map of definite location, and not at date of survey in the field, as heretofore held. II-483 The line of the St. Vincent extension of the St. Paul and Pacific (now St. Paul, Minneapolis and Manitoba) Company became definitely fixed on December 19, 1871, when the map of definite location was accepted by the Secretary, and not at date of survey in the field, as formerly held. II-481 The St. Paul, Minneapolis and Manitoba Company is estopped from claiming under the map of definite location filed December 5, 1857, lands west of range 38 west, as that portion of said map was rejected, and the company, acquiescing in such action, filed other maps under which additional lands were secured. XIII-440 Where the line of the road (Northern Pacific) is definitely fixed the grant relates back and takes the lands reserved by filing the map of general route so far as the line of definite location corresponds with the line of general route. II-539 The President's acceptance of the Union Pacific road as constructed on its line of definite location west of Fort Riley to the one hundredth meridian meets the statutory requirement that such route shall be subject to the approval of the President, as the map of said route was accepted by the Secretary of the Interior and the road constructed on the faith of said acceptance. XI-108 Where the act required the governor of the State (Iowa) to file a map of definite location, held that a map certified and filed by the president and chief engineer of the company (McGregor and Missouri River) was sufficient. II-567 Railroad Grant-Continued. IV. DEFINITE LOCATION-Continued. The act did not require the filing of a map of definite location; the road being definitely located on the ground from Waldo to Tampa Bay, such a map was filed in 1860 certified by the officers of the company, but, lacking the governor's signature, was returned in 1861 for that purpose, and was lost; a duplicate map was filed in 1875, but was not approved until 1881; held that the original map was due notice of the definite location of the road (Atlantic, Gulf and West India Transit Company), that it should have been kept on file and proof of the authority of the State otherwise obtained, and that it operated as a legislative withdrawal. 1-359; II-561; v-107 Duplicate map of definite location treated as original though filed after the time allowed for the completion of the road. V. WITHDRAWAL. II-107 It is the duty of the Land Department to give timely notice by prompt withdrawal of the date and extent of the granted limits, for the protection of both company and settlers. II-514 When executive withdrawal of granted or indemnity lands is made in general terms it only withdraws from market the "public lands" lying within the limits mentioned. II-507 Executive withdrawal not effective until notice thereof is received at the local office. v-651; XIV-591 The power of the Department to withdraw the granted lands without any direction expressed in the act is well settled; its purpose is to prevent a defeat of the grant by private appropriation; and the authority to withdraw the indemnity lands must follow. II-514 The Department has power to make indemnity withdrawals, though no express authority therefor is conferred by the grant. v-655; VI-18 Contemplated by section 6, act of July 27, 1866, relates only to lands within primary limits, and the validity of any further withdrawal is dependent upon executive action. XIV-610 If there is no statutory denial of authority to withdraw lands in aid of a Congressional grant, the exercise of such authority by the executive reserves the land so withdrawn though the withdrawal may not have been contemplated by the grant. VI-522 An executive withdrawal of lands from private entry is sufficient to defeat a settlement for the purpose of preëmption while the order is in force notwithstanding the law under which it was made did not contemplate such withdrawal. II-553 An executive withdrawal should be given effect only to the extent intended by the Department. VIII-23 Railroad Grant-Continued. V. WITHDRAWAL-Continued. If the company (Northern Pacific) neglects to make its selection and uses the prior or subsequent withdrawals for the purpose of defeating the operation of the settlement laws, it will be the duty of the Department to revoke the withdrawals. Withdrawals for indemnity purposes should not be maintained beyond a period sufficient for the assertion of rights that may be properly claimed thereunder. II-516 VI-77 Section 6, act of July 2, 1864, authorizes withdrawal for the benefit of the Northern Pacific. (See 7 L. D., 100.) I-382 Withdrawal of indemnity lands (for Northern Pacific) is made in the sound discretion of the Department, so as to subserve the purposes of the grant. II-508 On May 17, 1883, the Secretary declined to withdraw from settlement any portion of the odd sections lying within the second indemnity limits in the Territories, on the ground that withdrawal is not at present necessary for the company's protection. II-511 The extension of the homestead and preëmption laws by section 6 of the grant to the Northern Pacific "to all other lands on the line of said road when surveyed, excepting those hereby granted," prohibited an executive withdrawal of any "lands on the line of said road." VII-100; XIX-87; XX-138, 288 As there was no authority for the withdrawal based on the map of amended route, and the sixth section of the grant (Northern Pacific) prohibited an indemnity withdrawal, it follows that land within such withdrawals was not excluded from entry. VII-244 An indemnity withdrawal for the benefit of the Northern Pacific grant is in violation of the terms of said grant, and is ineffective as against an authorized withdrawal, covering the same lands, on behalf of another grant. XIX-275 A withdrawal of land for indemnity purposes in violation of the provisions of the grant, for the benefit of which the withdrawal is made, confers no right upon the grantee, and is no bar to the acquisition of settlement rights. XXI-487 Where the tract was covered by an entry (homestead) at date of withdrawal (1870) on general route (Northern Pacific), and was afterwards (1872) relinquished and the entry canceled, it fell into the subsequent withdrawal (1880) for indemnity purposes on definite location. II-529 The provisions of the grant to the California and Oregon Railroad Company forbid the withdrawal of land for indemnity purposes, and a withdrawal for such purpose confers no right upon the company XX-123 Railroad Grant-Continued. V. WITHDRAWAL-Continued. An unauthorized indemnity withdrawal is no bar to a homestead application, and such application will defeat a subsequent selection. VIII-282 An application to purchase from the company land in an unauthorized, does not defeat the right of such applicant to enter the land under the homestead law. XXI-402 The act of July 28, 1866 (Atlantic and Pacific), is both a contract and a grant, but is not a grant of quantity and directs no withdrawal for indemnity purposes; hence there is no violation of the contract, though the company may not get the full amount of sections in the primary limits or make up the deficiency in the secondary. VI-84 The provision in the grant of July 25, 1866, that "the Secretary of the Interior shall withdraw from sale public lands herein granted on each side of said railroad so far as located and within the limits before specified," renders unauthorized any withdrawal beyond the granted limits. VII-240 Lands within the indemnity withdrawal for the Atlantic and Pacific were excepted from the grant to the Southern Pacific. V-691 The withdrawal covering lands in the granted limits of the Southern Pacific and indemnity limits of the Atlantic and Pacific continued in force. VI-816 As the line of road (Atlantic and Pacific) terminates at the Pacific coast, there was no authority for a withdrawal of lands along the coast. IV-458 By definite location of road and indemnity withdrawal under the additional grant of 1865 (St. Paul, Minneapolis and Milwaukee Railway Company) the lands covered thereby were excluded from entry and settlement. V-565 The statutory of indemnity lands on behalf of the main line of the St. Paul, Minneapolis and Manitoba road, as provided in the act of 1865, is a bar to the subsequent selection of said lands for the benefit of the St. Vincent extension of said road under the new grant therefor made by the act of March 3, 1871. XX-249 For the benefit of the St. Vincent extension could not take effect on lands covered by the prior withdrawal for the main line, hence a homestead entry of land so withdrawn is properly allowed so far as said branch line is concerned, but improperly allowed as to the main line, and would have to be canceled, had the company selected the tract for the benefit thereof, prior to the revocation of said withdrawal; but no such selection having been made, and the lands having been restored to the public domain, the entry may stand. XX-249 Railroad Grant-Continued. V. WITHDRAWAL Continued. The executive withdrawal (Atlantic, Gulf and West India Transit Company) in anticipation of the probable limits of the grant (before definite location) was entirely valid; such withdrawal reserved the lands from entry and sale and could only be vacated by the authority that made it; a new withdrawal made after approval of the map of definite location is not inconsistent with the idea that the formal withdrawal (which had been overlooked and ignored) was still extant. II-568 The statutory withdrawal provided for in the act of July 28, 1866, is limited to the lands within the primary limits by the words "all lands mentioned in this act and hereby granted." VI-535 Under section 12, act of March 3, 1871, it was not competent for the Department to withdraw from the operation of the settlement laws the indemnity lands of the New Orleans and Pacific grant, and such withdrawal is no bar to the allowance of an entry. VII-56 VII-487 The act of June 22, 1876, repealing the statute prohibiting the disposal of public lands in Florida, except under the homestead law, did not relieve lands from the effect of a subsisting withdrawal; nor did the "offering" under the proclamation of July 13, 1878, affect their status, for "lands reserved for railroad purposes were expressly excepted from such offering. After withdrawal (indemnity) the Land Department retained jurisdiction of tracts covered by entries and preëmptions at the time the withdrawal was made. II-506 Homestead entry of record excepts the land covered thereby from the effect of withdrawal. 1-352; VIII-588 For indemnity purposes does not take effect upon lands embraced within a subsisting preëmption filing or homestead entry. XIV-79; XVII-592 Does not take effect upon land embraced within a private cash entry. XIV-591 Land within the indemnity limits of the road (Hastings and Dakota), which was covered by entry (homestead) subsisting at date of the withdrawal was excepted from the withdrawal. II-501 Where a subsisting entry (homestead) excepted a tract from the withdrawal (for Hastings and Dakota), on its cancellation (for failure to make final proof) thereafter the land became public and was subject to entry or selection by the first legal applicant. II-505 Land covered by entry at date of indemnity withdrawal is excepted therefrom and after cancellation of the entry is subject to entry or selection by the first legal applicant. IV-232, 266, 405 Where an entry (homestead) existed at date of the withdrawal (indemnity), on cancellation thereafter the tract does not fall within the ban of the withdrawal. II-507 |