Page.

The substitution of an amended list of
indemnity selections on a specification of
losses different from that assigned in the
first, and where the losses in neither list are
arranged tract for tract, must be treated as
an abandonment of the first

The requirements of the order of August
4, 1885, must be enforced, and companies re-
quired to specify a basis not only for pend-
ing selections, but for all selections hereto-
fore approved on account of which no previ-
ous loss has been assigned

The Commissioner directed to call on all
railroad companies having pending indem-
nity selections to revise their lists within
six months from the date of such call, so
that a proper basis will be shown for all
lands now claimed as indemnity, the same
to be arranged tract for tract; informing
said companies that all tracts formerly
claimed for which a particular basis has not
been assigned, at the expiration of said pe-
riod, will be disposed of without regard to
such previous claim......

An indemnity selection made subsequent
to the regulations of 1879, without a specifi-
cation of loss, is no bar to the acquisition
of rights initiated prior to such specifica-
tion

406

406

406

592

A selection made without specification of
loss, and prior to the departmental require.
ment of such specification, is legally made;
and the circular instructions of 1885 do not
require a subsequent designation of loss to
validate such a selection, though it can not
be approved until a loss is duly specified... 592
A selection of, in which the lost lands are
not specified is no bar to a subsequent selec-
tion of the same lands with a proper desig
nation of losses..

The departmental order of May 28, 1883,
permitting the Northern Pacific Company to
make indemnity selections without a speci-
fication of losses, is applicable only to lands
protected by withdrawal

.Indemnity selections of land in the State
of Washington can not be made by the
Northern Pacific for losses in the State of
Idaho, until it is first shown that such losses
can not be satisfied from lands within the
limits of the grant in Idaho....

Lands within the limits of the withdrawal
on general route of the Northern Pacific
main line, and also within the indemnity
limits of the grant to said company for a
branch line, are not subject to selection as
indemnity for losses on the branch line while
so withdrawn; and the subsequent forfeit-
ure by the act of September 29, 1890, of the
lands thus withdrawn precludes the asser-
tion of indemnity claim thereto on account
of said branch line....

A tract of land within the primary limits
of one grant, and the indemnity limits of
another, may be selected by the latter, on

34

289

404

448

The right of a qualified settler on land ex-
cepted from an indemnity withdrawal de-
feats a subsequent selection under the grant 537
Selections should not be rejected on the
ground that they are not "nearest to the
lost lands," if they are in fact the nearest
available surveyed lands subject to indem-
nity selection at that time

A homestead entry of land included within
an existing indemnity withdrawal, but for
for which the right of selection had not been
asserted at the date of final proof, or prior
to the revocation of the withdrawal, is not
defeated by a mere protest of the company
against the final proof filed while the with-
drawal is in force

Land within a settlement claim is not sub-
ject to selection, and the failure of the set-
tler to file his claim within the statutory
period will not defeat the effect of said claim
as against the company, nor limit the extent
of said claim to the tract on which the im-
provements are situated ................

A settlement made on a tract released
from indemnity withdrawal, but subject to
a pending selection. takes effect at once upon
the abandonment of said selection, and pre-
cludes the subsequent selection of said land
on account of the grant...
Lands included within pending railroad
indemnity selections are not restored to the
public domain by an order revoking the in-
demnity withdrawal

....

313

270

122

406

406

Page.

sequent exercise of executive authority to
make a further withdrawal for such pur-
pose on a second or amended map of general
route......

A corroborated allegation of settlement
and residence antedating an indemnity with-
drawal may be accepted as conclusive as
against the withdrawal, in the absence of a
showing on the part of the company, fur.
nished within a specified time, that the set-
tlement and residence were not made as
alleged.....

A corroborated allegation that a tract is
excepted from an indemnity withdrawal, by
reason of a conflicting settlement right, may
be accepted as conclusive as against the
company without a hearing, in the absence
of any showing to the contrary by the com-
pany...

Land embraced within a homestead entry,
or an unexpired pre-emption filing, is ex-
cepted from indemnity withdrawal, or se-
lection..

8

507

584

592

Page.

The right of a qualified transferee to pur
chase under section 5, act of March 3, 1887, is
not affected by the fact that his purchase
was made after the passage of said act, if the
land was originally purchased in good faith
from the company

The right of purchase under section 5,
act of March 3, 1887, accorded to bona fide
purchasers of the land, who have the
requisite qualifications in the matter of
citizenship, is not dependent upon the
qualifications of the immediate grantee of
the company

A claim resting upon an application to
enter is not protected under either of the
provisos to section 5, act of March 3, 1887,
as the terms thereof provide only for the
protection of settlement rigths.....

307

307

307

The right of purchase under section 5,
act of March 3, 1887, is not defeated under
the first proviso to said section, if, at the
date of the sale by the railroad company,
the land was not in the bona fide occupation
of adverse claimants under the pre-emption
or homestead laws, nor under the second
proviso by an application to enter under
the homestead law on behalf of one who
does not allege a settlement right.......... 314
A settler who enters into possession of a
tract under a claim of title derived through
a railroad company, but subsequently, on
discovery of the want of title in the com-
pany and after December 1, 1882, and prior
to the passage of the act of March 3, 1887,
renounces such claim, and asserts a right
under the settlement laws, is entitled to
perfect his claim under the second proviso
to section 5 of said act, as against an ad.
verse applicant under the body of said sec-
tion, through whom the settler first derived
possession

An application to purchase under the act
of January 13, 1881, confers no rights upon
the applicant if the land was not in fact
withdrawn for the benefit of the railroad
company..

The act of August 13, 1888, is applicable
only to lands theretofore withdrawn by the
executive Department

93

391

315

The acts of January 13, 1881, and August
13, 1888, apply only to lands that were with-
drawn for the benefit of a railroad grant... 95
The forfeiture of, declared by the act of
September 29, 1890, was complete on the
passage of said act, and opened to settle-
ment immediately the lands designated
therein

345

A settlement on, after the passage of the
forfeiture act, and prior to the time when
the lands were open to entry, is protected
as against the intervening entry of another,
if asserted within three months from the
time when said land is subject to entry.... 345
The rights of an actual settler on railroad
lands at the date of the forfeiture act of
September 29, 1890, relate back, under the

Page.

provisions of section 2 of said act, to the
date of his actual settlement on the land... 385
Persons qualified to purchase from the
United States, under the provisions of sec-
tion 3, act of September 29, 1890, may take a
technical half section, when so platted,
even though such half section contains
more than 320 acres. If the land lies in
different sections, or is made up of differ-
ent quarter sections or lots, the acreage
must then approximate, as nearly as may
be, the quantity named in the act........

The right to purchase from the govern-
ment forfeited, accorded by section 3, act of
September 29, 1890, to those "who may have
settled said land with bona fide intent to
secure title thereto by purchase from the
State or corporation," can not be exercised
by one who has not established his resi-
dence on such lands...

The use of a tract for grazing purposes,
in connection with adjacent land upon
which the applicant resides, does not give
him the preferred right to purchase said
tract as a settler under section
September 29, 1890

act of

Proceedings for the recovery of title
should be instituted where selections, under
the act of June 22, 1874, based on lands
within indemnity limits, have been certi-
fied

Directions given for a demand under the
act of March 3, 1887, on the Grand Rapids
and Indiana Railroad Company, for the
reconveyance of lands erroneously certified
thereto.....

Records.

450

498

542

429

420

An omission of the records in the local
office to show the filing of an application to
enter may be supplied by affidavits......53, 279

Rehearing.

See Practice.

Reinstatement.

See Railroad lands.

Relinquishment.

Purchaser of, does not secure a preferred
right to enter the land covered thereby.... 180
Filed after the initiation of a contest does
not inure to the benefit of the contestant
where it is found that it was not filed as the
result of the contest.....

Irregularities attending the execution of
a, will not affect its validity if it expresses
the will and purpose of the party making
the same at the time when it is executed
and filed.......

It is not requisite to the validity of a, un-
der the act of May 14, 1880, that the signa-
ture of the entryman should be acknowl.
edged before an officer

Of an entry is for the benefit of the United
States only, and the issue in such case is
between the government and the entryman.

184

396

396

Page.

No third party can acquire any standing as
a contestant, intervenor, or otherwise in a
controversy about the validity of a relin-
quishment.

Repayment.

396

An entryman who appplies for, and al-
leges that he has sold the land, that the
sale was made under warranty deed, and
that the warranty has been made good,
should furnish evidence that he has made
good his warranty, and also obtain a release
from his grantee of all interest under the
140
entry involved..

There is no authority for, of double mini-
mum excess erroneously required under a
desert land entry of an even section within
the limits of a railroad grant....

Where final proof is accepted by the local
office and the entry allowed, but on subse-
quent examination of the same proof by the
General Land Office or the Department, it
is held insufficient, the entry is "errone-
ously allowed" within the meaning of the
statute providing for

Reservation.

Lands embraced within the Crow Indian,
under the treaty of May 6, 1868, and subse-
quently included within the boundaries of
the Yellowstone National Park, as fixed by
act of Congress March 1, 1872, were appro-
priated for the purposes of said park as of
the date of said act, subject only to the ex-
isting right of the Indians, and when said
right was extinguished the lands covered
thereby became a part of the park, without
qualification of any character..

An executive order creating a, is inopera-
tive as to land embraced within a pre-emp
tion entry on which final certificate has
issued.....

339

489

A single woman, who makes a homestead
entry and subsequently marries, and there-
after lives with her husband (who had filed
for an adjacent tract) in a house built across
the dividing line between the two claims,
by such residence abandons her own entry. 215
The validity of pre-emptor's, is not af
fected by the fact that his wife refuses to
live on the land..

The serious illness of the entryman's wife
can not be accepted as a sufficient excuse for
failure to establish residence where such
default is charged and proven ............

On land not subject to settlement is inef
fective, if abandoned or discontinued before
the land becomes subject to settlement and
not resumed until after the intervention of
an adverse right..

337

540

Page.

Is not lost to a State (California) by an
executive order creating an Indian reserva-
tion, where sections 16 and 36 are expressly
excepted therefrom, nor does the fact that
such sections are within the boundaries of
said reservation authorize lieu selections
under the act of February 28, 1891. 71
Rights of a State under the grant of, con-
trolled as to acreage by the returns of the
surveyor

The State may not, at will, waive its right
to land in place and take lieu lands of equal
acreage.....

The selection and approval of indemnity
divests the State of all title to the alleged
basis, which is thereafter open to settlement
and entry

Under the provisions of the act of Febru
28, 1891, indemnity selections, resting on
bases in part defective, may be approved,
the defect being due to the failure of the
government to properly mark the bounda
ries of an Indian reservation.....................................
Swampy character of a school section af-
fords no basis for indemnity ...

88

266

287

296

576

561

Priority of, accorded to one who first
reaches the land and puts up a "stake"
thereon, with the announcement of his
claim, where such act is duly followed by
the establishment of residence.....

No rights can be secured as against the
government on land withdrawn from entry,
but, as between two claimants for such
land, priority of settlement may be consid
ered.

Acts of, induced by knowledge of an im-
pending contest can not be accepted as in
bona fide compliance with the requirements
of the homestead law

Priority of right may be properly accorded
a settler, who, under an agreement with an
adverse claimant, goes upon a tract with
the knowledge and consent of such claim-
ant...

162

171

176

178

Page.

Page.

Notices, defining the extent of a claim,
posted on subdivisions thereof outside of
the technical quarter section on which the
improvements are placed, are as effectual in
notifying subsequent settlers of the extent
of said claim as improvements placed on the
different subdivisions.

The departmental ruling that the notice
given by, extends only to the quarter section
on which the settlement is made, is general
in its application, and covers a case of set-
tlement on a tract that has public land on

one side only.......

Actual notice of the extent of a claim will
protect such claim as against the subsequent
entry of another, when such notice is sup-
ported by actual settlement and improve-
ments upon contiguous land

Notice defining the extent of a claim
posted in conspicuous places thereon will
protect such claim as against subsequent
settlers; and it is immaterial whether the
later settler has actual notice or not, if the
posted notices are of such a character that
they might have been seen by a reasonable
exercise of diligence

Protected as against the intervening entry
of another without formal application to
enter, if the settler within three months
after the land is open to entry begins a
contest against said entry on the ground of
his own priority....

One who enters upon the reservoir lands
restored to the public domain by act of
June 20, 1890, prior to the time fixed there-
for, and remains thereon until said lands
are subject to settlement, is disqualified as a
settler under said act...

Settlers who, without [authority of law,
enter upon lands that are held in reserva-
tion under departmental instructions that
expressly forbid all settlers from entering
thereon, until lawful permission is given,
acquire no equities thereby.......

Stare Decisis.

The doctrine of, is recognized and fol
lowed in the Department in cases that
involve principles well established by a
uniform line of decisions.....

States and Territories.

Lands within the primary limits of a
railroad grant, and withdrawn for the pur-
poses thereof, are not subject to selection
under the grant made to the new States by
section 8, act of September 4, 1841, and no
rights are acquired by an application to
select, made when the lands are not subject
thereto. (California)....

Selections under section 12, act of Feb-
ruary 22, 1889, for public building purposes,
must be made in legal subdivisions of not
less than one-quarter section. (Washing.
ton)....

197

522

343

454

345

364

369

79

417

575

The Commissioner of the General Land
Office has the authority to locate on the
ground the boundary line of a patented pri-
vate claim, if such action is practicable and
necessary in order to close the surveys of
the public lands, and to use for that purpose
so much of the appropriation for the survey
of the public lands as may be required..... 105
The cost of surveying public lands and
properly marking the boundary line neces-
sary to the segregation thereof from an
Indian reservation is properly payable out
of the appropriation for the survey of pub-
lic lands, even though in making said sur-
vey, coincidently, the boundary line of said
reservation is surveyed....

An island is properly surveyed and re-
turned as an independent tract where the
lake within which it lies is made the bound-
ary of the sections lying on the rim of said
lake.

492

88

May be properly allowed of an island in a
navigable lake, where it appears that such
island was in existence at the date of the
original survey, but was omitted therefrom. 326
On application for, of an island in a navi.
gable lake in the State of Wisconsin the
adjacent shore owners are not entitled to
notice, as under the law of said State such
owners are without interest

An order for, of an island and the sale
thereof as an isolated tract is a final de-
partmental adjudication that the land is the
property of the United States, and the de-
termination of alleged adverse rights of
riparian owners must thereafter be left to
the courts....

326

578

An application for, of a small tract of
land, lying between the meander line of a
lake and the water's edge, will not be
granted, where the original survey has
stood for a number of years, even though
the meandered boundary of the lake may
not exactly indicate the true water line.... 568