Hoyt v. Weyerhaeuser

Citations

• 161 F. 324
• 88 C.C.A. 404
• 1908 U.S. App. LEXIS 4352

Syllabus

<p>1. Public Hands — Railroad Hand Grants — Granted and Indemnity Hands ■ — When Title Vests Respectively.</p> <p>The right to particular tracts of land within the place limits of a railroad grant like that to the Northern Pacific Railroad Company vests in the grantee upon the filing of the map of definite location of the railroad, approved by the proper officer of the government.</p> <p>The right to particular tracts of indemnity land under such a grant vests in the company upon the approval by the Secretary of the Interior of the company’s selection of them, and neither this right nor the title thereunder relates back so as to divest the rights of prior entrymen or purchasers of the land under the general land laws of the United States.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 41, Public Dands, §§ 232, 251.]</p> <p>2. Same — Withdrawals and Suspensions of Indemnity Dands Under Northern Pacific Grants Void Before Approval of Selections.</p> <p>Under the grants to the Northern Pacific Railroad Company, the Secretary of the Interior had no authority to withdraw or suspend from sale or entry lands within the indemnity limits of the grants which had not been previously selected with his approval, to supply deficiencies within the place limits of the grant, and such withdrawals and suspensions were ineffectual.</p> <p>3. Same — Indemnity Lands Open to Entry and Sale Until Approval of Selections.</p> <p>Lands within the indemnity limits of these grants were open to entry and sale under the genera] land laws of the United States until the Secretary approved their selection by the grantee, although the lists of their selection had been duly filed with the Land Department.</p> <p>4 Same — Land Department — Jurisdiction and Power of Disposition of Public Dands Not Arbitrary but Subject to Law and Judicial Correction.</p> <p>The jurisdiction and power of disposition of the public lands by the Land Depártment of the United States is not arbitrary, unlimited,