“ In its defense to the suit the company takes the position that the temporary withdrawal did not affect its right to select the lands and therefore that the United States was not prejudiced by the fact that the Commissioner and the Secretary overlooked the withdrawal when the selection was approved and the patent issued. ”

“ The purpose of the granting act and resolution was to bring about the construction and operation of a line of railroad extending from Lake Superior to Puget Sound and Portland through what then consisted of great stretches of homeless prairies, trackless forests and unexplored mountains, and thus to facilitate the development of that region, promote commerce, and establish a convenient highway for the transportation of mails, troops, munitions and public stores to and from the Pacific Coast, with all the resultant advantages to the government and the public. ”

“ It was expressed in present terms-'there be, and hereby is, granted'-and was of 'every alternate section of public land, not mineral designated by odd numbers' within prescribed place limits on each side of the line excepting such sections or parts of sections as should be found to have been otherwise disposed of, appropriated or claimed, or occupied by homestead settlers, or pre-empted, prior to the definite location of the line. Nelson v. Northern Pacific Ry. Co., 188 U.S. 108, 23 Sup. Ct. 302, 47 L. Ed. ”

“ The particular losses on account of which the selection was made were such as to support it, the selection was made in conformity with the directions given by the Secretary of the Interior, and the lands selected were subject to selection unless rendered otherwise by a temporary executive withdrawal made about a year before. ”

“ United States v. Northern Pacific R. R. Co., 95 Fed. 864, 37 C. C. A. 290; Id., 177 U.S. 435, 20 Sup. Ct. 706, 44 L. Ed. 836; United States v. Northern Pacific R. R. Co., 193 U.S. 1, 24 Sup. Ct. 330, 48 L. Ed. ”