Horace Harmon Lurton

“ What is said in the opinion about the grant of a right of way being dependent upon the doing of three things,-location of road, filing profile of it in the land office, and the approval thereof by the Secretary of the Interior,-and that 'thereafter all such lands over which such right of way shall pass shall be disposed of subject to such right of way,' refers to the nonvesting of any right as against the United States, and not as denying the priority of right in the acquisition of the premises as between parties, growing out of priority of application. ”

“ It enables the railroad company to secure the grant by an actual construction of its road, or, in advance of construction, by filing a map [of its road] as provided in § 4. Actual construction of the road is certainly unmistakable evidence and notice of appropriation.' It was therefore held that an entry made after construction, but before filing a map of location, was subject to the prior right of the railroad. ”

“ Any other conclusion would lead to great confusion and tend to defeat the purpose of the 4th section by inviting interveners to initiate rights made desirable by the disclosure of the land most available to the railroad company, and rights presumably hurtful to the railroad enterprise ”