by John Marshall Harlan

“ Did Congress intend, by that act, to declare that when the railroad company indicated its line of definite location the odd-numbered sections outside of the 40-mile limit and within the 50-mile limit, on each side of such line, along the whole of the line thus located, should not be subject to the pre-emption and homestead laws until it was finally ascertained whether the railroad company was entitled, by reason of the loss of lands within the place or granted limits, to go into the indemnity limits in order to obtain lands to meet such loss? ”

“ The difference between lands in the granted limits, and lands in indemnity limits, and between the time and manner in which the title of the United States changes to and vests in the grantee, accordingly as lands are within one or the other of these limits, has been clearly defined by the Supreme Court, and it is sufficient to state the well-settled rules upon this subject. ”

“ Having so explicitly declared, it was not necessary to add a prohibition upon executive officers against withdrawal for the benefit of the road. It gave to any person entitled under the pre-emption or homestead laws to take any such lands the absolute right to acquire any proper quantity thereof, in accordance therewith; and this right an executive officer could not deprive the settler of. The act as much makes that his right as it makes it the right of the company to take the others. ”