ABGUED AND DETERMINED
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• • • • • M 4
iliuttznl States Gimmt mnt Qmtmt mts.
Uurrsn Sucrns ·v. Cumnsn et al. M I
‘ (Circuit Court, LC D. California. February 4, 1889.) '
1. Prmmo Lmns—Gnurr ro Rnnnosn Comnunr.
The congressional acts of 1862 and 1864 granting aid in the construction of
a railroad and telegraph line to the Paciiic ocean, etc., operated as a present
grant of land to the railroad company, upon conditions subsequent, which
could only be defeated by breach of conditions, and divestiture of title there-
upon, by proper legal proceedings on behalf of the United States.
B. SAMn—La1~ms Gnsurnn.
The lands granted were the odd-numbered sections within 20 miles of the
line of the road, such as were public lands at the date of the act, not sold, re-
served, or otherwise disposed of by the United States; andsuch odd-numbered
sections within the same limits as were public lands, to which a pre-emption
or hpngastgad claim had not attached at the time the line of the road was deB-
nite y xe . t _ ,
8. Sams:-Cononosrvmnnss or GRANT.
No right other than that of the railroad company could be acquired or in-
. itiated in any of said odd sections of land, after the Bling in the local laud—of-
iice of the district, on January 30. 1865, of the order of withdrawal provided
for in section 7 of the act of July 1, 1862.
4. SAMn—F1L1No MAP on Ronrm. ` t
The Bling of the map of the general route and the withdrawal thereupon
protected the lands against the acquisition of any right by any other parties
until the line should become "deBnite1y Bxed, " when the grant became spe-
ciBc by attaching itself to every odd section within the prescribed limits.
5. SAME···STATE Snnmcrrous on Lrnu Lsnns.
State selections of lieu lands for school purposes made upon lands unsur-
veyed by the United States are utterly, void.
6. Sum.
All the state selections shown in the bill being upon lands unsurveged by
the United States at the date of selection, in townships 2 S., 1 E., and 3 ., 3 E.,
Mt. Diablo B. and M., were therefore void.
7. SsMa—·Wn.u· mm Snnvmmn Launs. ,
Lands are not surveyed lands by the UnitedStates until a certined copy of
the otlicial plat of survey has been Bled in the local land-ollice. ‘ ·
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