by John Marshall Harlan

“ All that we here hold is, that when a withdrawal of lands within indemnity limits is made in aid of an earlier land grant, and made prior to the filing of the map of definite location by a company having a later grant,-the latter having such words of exception and limitation as are found in the grant to the plaintiff,-it operates to except the withdrawn lands from the scope of such later grant.' The doctrines of these cases were recognized in the recent case of Northern P. R. Co. ”

“ If, by the act of July 2d, 1864, or before the line of the Northern Pacific Railroad was definitely located, Congress had, in terms, appropriated, for the benefit of that road, any of the lands embraced in the general route of the other road, a different question would be presented. But it did not do so. It only granted for the benefit of the Northern Pacific Railroad lands which then, July 2d, 1864, were public lands, and no lands were public lands, within the meaning of Congress, which, at that time, were withdrawn by the Land Department ”

“ No one of them holds that a grant, in proesenti, of public lands, with the ordinary reservations, embraces lands which, at the date of such grant, are under the operation of a formal order of the Land Department, of record, withdrawing them for the benefit of a prior grant in the event they should be needed for the purposes of such grant. Nor does any of them hold that the subsequent cancelation of such withdrawal order had the effect to bring them under the operation of a later grant of public lands. ”