by John Marshall Harlan

“ The acts of Congress cannot be construed as actually granting lands to which had attached, before the definite location of the road, any claim or right under the homestead laws. A claim or right did attach to these lands in faver of Ard before any map of definite location was made or filed, and before they were selected for the railroad company to supply alleged deficiencies in place limits. ”

“ The law deals tenderly with one who, in good faith, goes upon the public lands, with a view of making a home thereon. If he does all that the statute prescribes as the condition of acquiring rights, the law protects him in those rights, and does not make their continued existence depend alone upon the question whether or no he takes an appeal from an adverse decision of the officers charged with the duty of acting upon his application. ”

“ Pursuant to that request, the Commissioner of the Land Office, on March 19th, 1863,-without having received any map of general route, much less of definite location,-sent to the register and receiver, at Humboldt, Kansas, a diagram showing the probable lines of the roads and their respective branches, as well as the 10-mile or place limits on each side, and directed that officer to 'withhold from ordinary private sale or location, and also from pre-emption and homestead . ”