Railroad Grant-Continued. VII. SELECTION-Continued. An order revoking an indemnity withdrawal restores the lands to the public domain, and subsequent selection of such land can not be made in the presence of a prior intervening entry. XVIII-314 The right of a qualified settler on land excepted from an indemnity withdrawal defeats a subsequent selection under the grant. XVII-537 An entry of land previously withdrawn is no bar to the right of selection if exercised before the revocation of the withdrawal becomes effective. XIV-111 No rights are acquired as against a selection by a settlement on lands previously withdrawn for the benefit of the grant. XVII-34 A homestead entry of land within an indemnity withdrawal which had not been selected 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 withdrawal is in force. XVII-270 A pending application to make a second homestead entry defeats a subsequent indemnity selection of the tract covered by such application. XX-123 An application to enter erroneously rejected, and pending on appeal, is a bar to the subsequent selection of the tract as indemnity. XX-288; XXI-487 Selection not defeated by a pending rejected application to enter under which no rights are secured. XVIII-163 A selection should not be allowed for land included within a pending homestead application. VI-649, 666; VII-244 A settlement right existing at the date of indemnity selection excepts the land covered thereby from the operation of said selection. VII-182; XX-127; XXIL-257 Right of selection under the act of June 2, 1864, can not be exercised if the land is covered by homestead settlement. XI-271 An applicant for land within indemnity limits whose application is wrongfully rejected, and who fails to appeal from such action, but remains in the possession and occupancy of the land, is protected thereby as against a selection on behalf of the company made. after the acquisition of the applicant's settlement right. XXIL-61 Settlement claim precludes indemnity selection of lands not withdrawn. v-566; XIII-167; XIX-249 Land within a settlement claim is not subject to selection, and the failure of the settler 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 improvements are situated. XVII-122 Railroad Grant-Continued. VII. SELECTION-Continued. 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 precludes the subsequent selection of said land on account of the grant. XVII-406 Pendency of preëmptor's appeal reserves the land from selection. A settlement right existing when an indemnity withdrawal is XIX-516 Of land occupied by one who at such time had exhausted his rights under the settlement laws is not defeated by the subsequent qualification of the occupant to make a second homestead entry under the act of March 2, 1889. Settlement of an alien no bar to selection. XXII-99 X-463 Of land included within an unexpired filing is subject to the rights of the preemptor, and the company can not take advantage of his failure to occupy and improve the land. X-499 No rights are secured by selection of lands embraced within an unexpired preëmption filing of record. XIV-692; XVII-592 Land covered by an expired preemption filing, but on which the preëmptor is residing, is not subject to selection. XIV-605 On application to select land covered by an expired filing, where it does not affirmatively appear that the preëmptor has in fact abandoned his claim, a hearing should be ordered to determine the status of the tract at date of selection. Land covered by an uncanceled preemption filing is not subject to indemnity selection, though the statutory life of said filing may have expired without final proof and payment having been made thereunder. XXI-423 VI-613 An expired preëmption filing under which no claim is asserted does not exclude the land covered thereby from indemnity selection. IX-452; XI-138; XIII-637; XVII-288 Expired filing of record does not bar selection of the land unless it be shown that the preëmptor had not in fact abandoned the land (St. Paul, Minneapolis and Manitoba Railway). VIII-291 Railroad Grant-Continued. VII. SELECTION-Continued. On application to select land covered by an expired filing a hearing should be had to determine the status of the land (St. Paul, Minneapolis and Manitoba Railway). VIII-291 The improvement of land, with the view to taking the same under the timber-culture law, confers no right thereto that will bar indemnity selection thereof. XXII-662 The right of one holding under a purchase from the railroad company is no bar to the selection of the land as indemnity. XVIII-106 During the pendency of judicial proceedings that affect the status of lands under a grant, selections therefor should not be allowed. XII-88 The designation of a tract as the basis of an indemnity selection at the time that the right to said tract is in dispute between the company and a homesteader must be construed as a waiver of the company's claim in favor of the entryman. XXII-688 Where a company makes selection in lieu of land apparently excepted from the grant, and in consequence of such action the basis of said selection is subsequently entered under the homestead law, the company is estopped from claiming the land so entered, even though it was not in fact excepted from the grant. XIX-227 Procedure in case of application to enter lands covered by an unapproved selection. X-504 It is discretionary with the Secretary whether he will permit the company (Northern Pacific) to select lands occupied by bona fide settlers, and he may protect such occupants so far as it can be done consistently with law and due regard to the company's rights. II-508 Directions given for publication of notice advising settlers of the pendency of indemnity-selections and contemplated action thereon. XVIII-511 No action should be taken on selections for lands covered by expired filings until after notice to the claimants to assert any rights they may possess. XI-595; XII-88; XIII-349 Directions given for the publication of selections on behalf of the Florida Railway and Navigation Company that may be covered by former entries made under the "armed occupation acts." XII-553 For the protection of settlement rights recognized by the confirmatory act of February 8, 1887, action will not be taken on selection lists until after publication of notice (New Orleans and Pacific). XV-346 An application of the company for the return of selection fees on the cancellation of a selection and the acceptance of such repayment is a waiver of the company's claim to the land. XII-545 Railroad Grant-Continued. VII. SELECTION-Continued. Consent of the company to a judicial decree recognizing the validity of an entry under which settlement rights are alleged is an abandonment of the company's pending selection of the land so far as the rights of the settler are concerned. XI-271 All fees and costs must be paid before favorable action can be taken upon list of selections. XV-346 A departmental decision canceling railroad indemnity-selections takes effect as of the date of the decision, and the lands affected thereby are thereafter subject to selection by the first qualified applicant. See sub-titles Nos. IV and v. XVIII-511 VIII. LANDS EXCEPTED. Lands forming a part of the bed of the Missouri River at the date of the grant, and covered by the waters of the main channel of said stream at such time, were not public lands subject to the operation of said grant. IV-94, 429 XXII-341 Congress reserved all claims recognized by the government from the operation of the grant (Central Pacific). 1-341 Land in reservation at the date of the grant and definite location is excepted from the terms of the grant. The provision in section 2, act of March 3, 1863, with respect to settlement rights "on any of the reserved sections" refers to the even-numbered sections, not granted. VIII-570 A subsisting order of the President withdrawing lands for the use of Indians excepts the land covered thereby when the grant takes effect. V-432 Lands embraced within a technical Indian reservation at date of definite location of the Northern Pacific are reserved from the operation of the grant. v-138; XVI-229 Land embraced at the date of the Northern Pacific grant in an Indian reservation created by treaty is excepted from the operation of the grant, though at definite location such land has been relieved from the reservation subject only to the right of Indian occupancy; and the provisions in section 2 of said grant with respect to the extinction of Indian title are not applicable to land that acquires the status of Indian country after the date of the grant, but is included in a technical reservation prior thereto. XXII-568 Lands embraced within a reservation created for Indian purposes do not, under the grant of this company, occupy the status of lands granted subject to the right of Indian occupancy. Lands so reserved when the grant becomes effective are absolutely excepted therefrom, and when released from such reservation become a part of the public domain. XVII-587 Railroad Grant-Continued. VIII. LANDS EXCEPTED-Continued. The executive order of May 16, 1855, withdrawing certain lands for the purposes of a contemplated Indian reservation was made with due authority, and lands embraced therein at the date of a subsequent grant were excepted therefrom, even though released from such withdrawal prior to the definite location of the road. XVII-420 Lands embraced within the Camp Verde Indian Reservation at the date of the definite location of the road are excepted thereby from the operation of the grant, and the subsequent release of said lands from such reservation will not inure to the benefit of the grant. XVII-554 At the date of the grant to the Northern Pacific Company the lands in the Bitter Root Valley "above the Loo-lo fork were included in the Indian reservation created by the treaty of April 18, 1855, and therefore excepted from the operation of said grant. VII-430 XIX-532; XX-90 Land within a military reservation at date of definite location is excepted from a grant, and no subsequent act of the executive could render the land subject thereto. The act of June 10, 1880, abolishing Fort Seward military reservation, was a legislative recognition of such reservation as an exception from the grant to the Northern Pacific, and the law to govern the disposition of the lands embraced therein. VI-657 Failure to officially inform the local office of an executive order releasing land from a military reservation will not operate to reserve such land as against the grant. XII-465 Erroneous action of the local office in designating land as within a military reservation will not defeat the operation of the grant. XII-465 * * * for the purpose of aiding be, and the same * * IV-573 The clause "that any and all lands heretofore reserved to the United States by any act of Congress in any object of internal improvement are hereby, reserved to the United States from the operation of this act," construed. Lands within the grant to the Atlantic and Pacific are expressly excepted from the later grant to the Southern Pacific; and the forfeiture of certain lands granted to the former company confers no rights upon the latter to select lands never embraced in its grant. XI-534 Definite location of the Northern Pacific did not take effect upon lands within the previous indemnity withdrawal made under the act of May 5, 1864. XI-607 |