Edward Douglass White

“ Rep. 615, the court said (p. 112) :
'Now, it has long been settled that while a railroad company, after its definite location, acquires an interest in the odd-numbered sections within its place or granted limits,-which interest relates back to the date of the granting act,-the rule is otherwise as to lands within indemnity limits. As to lands of the latter class, the company acquires no interest in any specific sections until a selection is made with the approval of the Land Department ”

“ As the object of the bill is to seek to charge the defendants as trustees of the land for complainant, plainly, if a valid selection was made, proof that their grantor never acquired title to the land would not estabish a right to it in the complainant. ”

“ It will be noted that this provision limits the selection of indemnity for losses to the grant on account of mineral lands, to 'odd-numbered sections, nearest to the line of said road,' etc.
There could be no good reason for attaching an additional condition upon selections made in lieu lands lost to the grant because mineral in character, and it might therefore be urged that it was intended to enlarge the limits within which such selections could be made. ”

“ That such application having been presented, and such proof and payment having been made, he had, prior to January 1, 1898, in contemplation of law, and within the meaning of the act of July 1, 1898 (30 State. at L. 597, 620, chap. 546, U.S.C.omp. Stat. Supp. 1909, p. 1503) , purchased the land directly from the United States, that he had an entry prior to January 1, 1898, within the meaning of departmental instructions of February 14, 1899 (28 L. D. 103) , and that therefore he is entitled to an adjustment of his claim under said act. ”