James Clark McReynolds,
Edward Rutledge Timber Company v…
“ As the district designated by Idaho for survey contained very much more land than the state was entitled to select, the Land Department refused to consider the application. No appeal was taken. Upon an analysis of pertinent statutes, opinions of the Land Department and of this court, the District Court held that the mere filing of application for survey did not so far withdraw the land from the public domain as to make the railway's selection wholly ineffective ”
