“ It seems also to be thought that the town-site law in some way prevented the right of way act from reaching public land within the city limits, but on examining both statutes we are persuaded thare is no basis for so thinking. Certainly it was not intended that the right of way should stop at the city limits, and, as the town-site law interposed no obstacle, we think the right of way act was intended to and did apply to the public land lying inside those limits over which the railroad had been constructed. ”

“ Macduff's pre-emption claim was initiated by settlement June 10, 1869; his declaratory statement was filed in the local land office July 21 of that year; he paid the purchase price and secured an entry January 19, 1871, and the patent was issued June 5, 1871.
The right of way was granted December 15, 1870. At that time the railroad was completed and in operation for its full length. Cong. Globe, 41st Cong. 2 Sess. 4512, 5635; Moon v. Salt Lake County, 27 Utah, 435, 442, 76 Pac. 222. ”