Joseph Rucker Lamar

“ On the other hand, settlers without patent were not in a position to make deeds to rights of way, not only because they had no title, but also because they were prohibited from alienating such land before final proofs. ”

“ But except as modified by the specific terms of the reclamation act, such lands are distinctly made subject to entry under the provisions of the homestead law, and all of the homesteaders' rights therein are the same as if the settlement had been located outside of the limits of irrigation works. One of the privileges, not affected by the reclamation act, is that which permits the homesteader, without patent, but in lawful possession, to grant to a railroad company a right of way across his claim ”

“ Homesteaders, without patents, but lawfully in possession of irrigable land within the reclamation area, granted rights of way over their settlements to the railroad company.
When the company began to build, the United States sought to enjoin the work on the ground that a railroad could not be built across lands within a reclamation area without the consent of the government. It was also claimed that the necessary embankments, excavations, bridges, and culverts, would interfere with the success of the irrigation works. The company answered and relied on the conveyances from the homesteaders. ”