Railroad Reports Vol 20 PDF Download

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1903 edition. Excerpt: ...the status of the lands within said overlapping limits, and the supreme court on October 18, 1897, held that the lands within the overlapping limits became, upon the passage of the forfeiture act of I886, the property of the United States, and were thereby restored to the public domain, and that the Southern Pacific Railroad Company never acquired-any interest therein. 18 Sup. Ct. 18. On September 6, 1898, by the order of the commissioner of the general land-office, all lands lying Within the overlapping limits of the railroad grants were restored to the public domain, with the exception of lands lying within the reservation; but, as to "said lands, permission was given to all persons having claims therein, initiated prior to the creation of such reservation, to present such claims for consideration by the authorities of the United States land office. The circuit court, upon this state of the facts, held that by reason of the fact that the land was withdrawn from entry by the action of the land department at 'the time of the settlement thereon by the plaintiffs in error, and remained so withdrawn up to the time of the proclamation of the president on December 20, 1892, setting apart the land as a portion of a public reservation, the plaintiffs in error could acquire no right in the land which they could set up against the action of ejectment brought by the United States to recover its possession. D. M, McDonald and Borden & Carhart, for plaintiffs in error. L. H. Valentine, for defendant in error. Before GILBERT, ROSS, and MORROW, Circuit Judges. GILBERT, Circuit Judge, after stating the case as above, delivered the opinion of the court. It is conceded that the land in controversy had not, prior to the date of the...