by John Marshall Harlan

“ In 1887 the Secretary, as if to remove the apparent obstacle placed in the way of pre-emption and homestead settlers created by the order of 1870, made an order revoking the previous one of withdrawal so far as it related to indemnity limits, and declaring the odd-numbered sections lying within the entire indemnity limits of the grant restored to the public domain and subject to pre-emption and homestead entry, as well as to the provisions of the act of 1866. ”

“ Settlers under the provisions of the homestead act who comply with the terms and requirements of said act shall be entitled, within the limits of said grant, to patents for an amount not exceeding 80 acres of the land so reserved by the United States, anything in this act to the contrary notwithstanding.'
The Oregon Central Railroad Company was designated by the Oregon legislature as the company organized under the laws of Oregon, entitled to receive the granted lands in Oregon, and the benefits and privileges of the above act of 1866. ”

“ Commissioners were appointed by the President to examine the railroad as constructed from Portland to Roseburg. That duty was performed, and they reported to the President, under oath, that the railroad between those points had been completed and equipped in all respects as required, and was ready for the service contemplated by the act of 1866. ”

“ The circuit court, upon final hearing, found the equities of the case to be with the United States, and a decree was entered, canceling the patent issued to the Oregon & California Railroad Company. That decree was affirmed by the circuit court of appeals. ”

“ A suit, therefore, to obtain a decree annulling the patents in question, so far as it is proper to do so, was required by the duty the government owed, as well to the public as to the individuals who acquired rights which the patents, if allowed to stand, may defeat or embarrass.' Reference was made in that case to United States v. ”

“ Those reports were duly accepted and approved by the President. The report as to the seventh, eighth, and ninth sections, including the last 78 miles of the road from Portland to Roseburg, was made on July 10th, 1878, and the next day was accepted and approved. ”