by John Marshall Harlan

“ Now, it is stipulated in this case that the Secretary of the Interior has never approved the selection by the railroad company of the land here in question to supply deficiencies in place limits. So that, when Sjoli settled upon the land, it was, so far as the railroad company was concerned, part of the unappropriated public lands open to settlement under the homestead laws. The railroad company had no direct legal interest in it. The company's unapproved selections did not, therefore, stand in the way of the lands being occupied and entered under the homestead laws. ”

“ That no rights to lands within indemnity limits will attach in favor of the railroad company until after selections made by it Interior; That up to the time such approval is given, lands within indemnity limits, although embraced by the company's list of selections, are subject to be disposed of by the United States, or to be settled upon and occupied under the pre-emption and homestead laws of the United States ”

“ McRae, 38 Minn. 409, 411, 38 N. W. 103, the supreme court of Minnesota had occasion to construe the act of Congress granting lands in aid of the Chicago, St. Paul, Minneapolis & Omaha Railway Company. ”