claims within such land grant by first affording the individual claimant an opportunity to transfer his claim to other public lands of the character described or to retain the railroad lands formerly claimed, and in the latter event the company was to relinquish all its right to and interest in such land and to select other lands in lieu thereof. Northern Pac. R. Co. v. Frei, 34 L. D. 661, p. 664. The object of this statute is primarily to aid in the adjustment of the original grant, and the limitations imposed upon that grant by the classification act of February 26, 1895 (28 Stat. 683), must be given the same operation with respect to this adjustment act. Idaho v. Northern Pac. R. Co., 37 L. D. 135, p. 137. 2. LANDS CLASSIFIED AS MINERAL NOT SELECTED IRON AND COAL LANDS. Where lands have been classified as mineral lands under the act of February 26, 1895 (28 Stat. 683), the railroad company has no right to select the lands so classified under this act, and such selections must be canceled. Northern Pac. R. Co. v. Frei, 34 L. D. 661, p. 662. Idaho v. Northern Pac. R. Co., 37 L. D. 135, p. 136. This act is more restricted in its provisions than the act of 1895, authorizing the classification of minerals, and excludes coal and iron lands which were included under the original grant to the railroad company, but this does not authorize the reopening of an adjudication made under the act of 1895 (28 Stat. 683). Northern Pac. R. Co. v. Frei, 34 L. D. 661, p. 665. Under this act the railroad company is not bound to relinquish among other lands those valuable for stone, iron, or coal. Northern Pac. R. Co. v. Violette, 36 L. D. 182, p. 185. Lands chiefly valuable for marble and slate is mineral in character, and if more valuable for these deposits than for agricultural purposes they must be regarded as mineral lands. Schrimpf v. Northern Pac. R. Co., 29 L. D. 327, p. 328. See Baudette v. Northern Pac. R. Co., 29 L. D. 248. The right of the railroad company to make selection of lands in Montana was granted to the railroad company by this act, but such selections must be made of public lands not mineral and not valuable for stone, iron, or coal. Northern Pac. R. Co., In re, 37 L. D. 408, p. 409. 3. INDEMNITY SELECTIONS. This act limits the selections authorized to be made by the railroad company under the original act of July 2, 1864 (13 Stat. 365) to certain States, and selections under this act are nevertheless indemnity and when made become a part of and are in partial satisfaction of the original grant. Northern Pac. R. Co. v. Frei, 34 L. D. 661, P. 665. Lands ceded by the Indians were not subject to indemnity selection by the railroad company. Northern Pac. R. Co., In re, 37 L. D. 408, p. 409. 4. TITLE TO SELECTED LANDS. A claim asserted by the railroad company under this act is predicated upon the original grant, July 2, 1864 (13 Stat. 365), as that act merely makes provision for the substitution of a perfect title for the selected land for a disputed claim to the land on account of which substitution is made, the validity of the company's title to the base land not being the sole determinative factor. Idaho v. Northern Pac. R. Co., 37 L. D. 135, p. 137. A selection made under this act is not only on behalf of the railroad company, being made by its successor in interest, but is primarily on account of the Northern Pacific land grant, and any patent or evidence of title given to the Northern Pacific Railroad Co., or its successor in interest, under a claim predicated upon the original land grant to lands classified as mineral under the act of February 6, 1895 (28 Stat. 683) is necessarily void. Northern Pac. R. Co. v. Frei, 34 L. D. 661, p. 665. Idaho v. Northern Pac. R. Co., 37 L. D. 135, p. 137. 14 STAT. 83, JULY 4, 1866. IRON MOUNTAIN-MINERAL LANDS RESERVED-COAL AND IRON. AN ACT Making a grant of lands in alternate sections to aid in the construction and extension of the Iron Mountain Railroad, from Pilot Knob, in Missouri, to Helena, in Arkansas. Be it enacted, etc., That there be, and is hereby, granted to the State of Missouri, for the purpose of aiding in the construction and extension of the Iron Mountain Railroad, from its present terminus at Pilot Knob to a point on the southern boundary line of the State of Missouri, every alternate section of land, designated by odd numbers, for 10 sections in width on each side of said road; but in case it shall appear when the route of said road is definitely fixed that the United States have sold any sections or parts thereof, granted as aforesaid, or that the right of preemption has attached to the same, then it shall be lawful for any agent or agents to be appointed by the governor of said State to select, subject to the approval of the Secretary of the Interior, from the lands of the United States nearest to the tiers of sections above specified so much land in sections or parts of sections, to be selected as aforesaid, as shall be equal to such lands as the United States have sold or otherwise appropriated or to which the rights of preemption have attached, which lands thus selected shall be held by the State of Missouri for the use and purposes aforesaid, and for none other: Provided, That the lands so located shall be within the Ironton land district as now established and not more than 20 miles from the line of said road: And provided, further, That all mineral lands except those containing coal and iron, and any lands heretofore reserved to the United States by any act of Congress or in any other manner by competent authority for the purpose of aiding in any object of internal improvement, or for any other purpose whatever, be, and the same are, reserved to the United States from the operation of this act, except so far as it may be found necessary to locate the routes of said railroad through the same, in which case the right of way only shall be granted, subject to the approval of the President of the United States. SEC. 2. And be it further enacted, That there be, and is hereby, granted to the State of Arkansas, for the purpose of aiding in the construction and extension of a railroad from the point where the Iron Mountain Railroad intersects the southern boundary line of Missouri, by the nearest and most practicable route, to a point at or near the town of Helena, on the Mississippi River, every alternate section of land, designated by odd numbers, for 10 sections in width on each side of said road; but in case it shall appear, when the line of said road is definitely fixed, that the United States have sold any sections or parts thereof, granted as aforesaid, or that the right of preemption has attached to the same, then it shall be lawful for any agent or agents to be appointed by the governor of said State, to select, subject to the approval of the Secretary of the Interior, from the lands of the United States nearest to the tiers of sections above specified so much land, in alternate sections, designated as aforesaid, as shall be equal to such lands as the United States have sold or otherwise appropriated, or to which the rights of preemption have attached, which lands thus selected shall be held by the State of Arkansas for the use and purposes aforesaid, and for none other: Provided, That the land so selected and located shall in no case be farther than 20 miles from the line of road when the same shall be located: And provided further, That all mineral lands, except those containing coal and iron, and any lands heretofore reserved to the United States by any act of Congress, or in any other manner by competent authority, for the purpose of aiding in any object of internal improvement, or for any other purpose whatever, be, and the same are, reserved to the United States from the operation of this act, except so far as it may be found necessary to locate the routes of said railway through the same, in which case the right of way only shall be granted, subject to the approval of the President of the United States. A. RAILROAD GRANT-IRON MOUNTAIN. 1. MINERALS EXCEPTED- -EXTENT. 2. APPLICATION TO PUBLIC LANDS. This act reserved mineral lands from the grant to the Iron Mountain Railroad Co., but it is not intended to be a general reservation of minerals in the public land. Alabama, In re, 15 C. L. O. 7, p. 8. This act refers to lands granted prior to and at the time of the passage of the act and not to lands to be thereafter granted, but lands granted by that and other prior acts of Congress. Heydenfeldt v. Daney Gold, etc., Min. Co., 10 Nev. 290, p. 313. 2. APPLICATION TO PUBLIC LANDS. The word "public," as applied in this act to lands, refers to all unsurveyed lands, whether the same or any portion thereof had been previously granted or not, and all lands are public within the meaning of this act until a survey is made, and the word is used to distinguish the unsurveyed from the surveyed and segregated lands. Heydenfeldt v. Daney Gold, etc., Min. Co., 10 Nev. 290, p. 314. The mineral lands to which the laws of the United States apply, as stated in this act, are the mineral lands of the public domain," and lands between high and low tides belong to the State and not to the United States. Morris, In re, 9 C. L. O. 5. 14 STAT. 94, JULY 13, 1866. PLACERVILLE AND SACRAMENTO VALLEY-RIGHT OF WAY. AN ACT Granting aid in the construction of a railroad and telegraph line from Folsom to Placerville in California. Be it enacted, etc., That the right of way through the public lands be, and the same is hereby, granted to the Placerville & Sacramento Valley Railroad Co., * * * for the construction of a railroad and telegraph line from the town of Folsom to the town of Placerville, in said State; and the right is hereby given to said corporation to take from the public lands adjacent to the line of said road, material for the construction thereof; said right of way is granted to said railroad to the extent of 100 feet in width on each side of said road where it may pass over the public lands; also, all necessary ground for station buildings, workshops, depots, machine shops, switches, side tracks, turntables, and water stations. SEC. 2. And be it further enacted, That there be, and is hereby, granted to the Placerville & Sacramento Valley Railroad Co., its successors and assigns, for the purpose of aiding in the construction of said railroad and telegraph line, and to secure the safe and speedy transportation of mails, troops, munitions of war, and public stores over the route of said line of railway, every alternate section of public land, not containing gold or silver, designated by odd numbers, to the amount of 10 alternate sections per mile, on each side of said railroad line, as said company may adopt, whenever, on the line thereof, the United States have full title, not reserved, sold, granted, or otherwise appropriated, and free from preemption or other claims or rights at the time the line of said road is definitely fixed, and a plat thereof filed in the office of the Commissioner of the General Land Office; Provided, That the word "mineral," when it occurs in this act, shall not be held to include iron or coal. 14 STAT. 239, JULY 25, 1866. CENTRAL PACIFIC-MINERALS-COAL AND IRON NOT EXCEPTED. AN ACT Granting lands to aid in the construction of a railroad and telegraph line from the Central Pacific Railroad, in California, to Portland, in Oregon. Be it enacted, etc., That the "California & Oregon Railroad Co.,' organized under an act of the State of California, to protect certain parties in and to a railroad survey, "to connect Portland, in Oregon, with Marysville, in California," approved April 6, 1863, and such company organized under the laws of Oregon as the legislature of said State shall hereafter designate, be, and they are hereby, authorized and empowered to lay out, locate, construct, finish, and maintain a railroad and telegraph line between the city of Portland, in Oregon, and the Central Pacific Railroad, in California in the manner following, to wit: (here describing). SEC. 2. And be it further enacted, That there be, and hereby is, granted to the said companies, their successors and assigns, for the purpose of aiding in the construction of said railroad and telegraph line, and to secure the safe and speedy transportation of the mails, troops, munitions of war, and public stores over the line of said railroad, every alternate section of public land, not mineral, designated by odd numbers, to the amount of 20 alternate sections per mile 56974°-Bull. 94, pt 2-15- -20 (10 on each side) of said railroad line; and when any of said alternate sections or parts of sections shall be found to have been granted, sold, reserved, occupied by homestead settlers, preempted, or otherwise disposed of, other lands, designated as aforesaid, shall be selected by said companies in lieu thereof, under the direction of the Secretary of the Interior, in alternate sections designated by odd numbers as aforesaid, nearest to and not more than 10 miles beyond the limits of said first-named alternate sections; and as soon as the said companies, or either of them, shall file in the office of the Secretary of the Interior a map of the survey of said railroad, or any portion thereof, not less than 60 continuous miles from either terminus, the Secretary of the Interior shall withdraw from sale public lands herein granted on each side of said railroad, so far as located and within the limits. before specified. The lands herein granted shall be applied to the building of said road within the States, respectively, wherein they are situated. * * * * * SEC. 10. And be it further enacted, That all mineral lands shall be excepted from the operation of this act; but where the same shall contain timber, so much of the timber thereon as shall be required to construct said road over such mineral land is hereby granted to said companies: Provided, That the term "mineral lands" shall not include lands containing coal and iron. A. RAILROAD GRANT CENTRAL PACIFIC CALIFORNIA AND OREGON. B. MINERAL CHARACTER OF LAND, p. 1131. C. INDEMNITY LAND-SELECTION AND TITLE, 1131. A. RAILROAD GRANT-CENTRAL PACIFIC CALIFORNIA AND OREGON. 1. MINERAL LANDS RESERVED. Mineral lands were excepted from the grant made by the United States to the Central Pacific Railroad Co. United States v. Central Pac. R. Co., 84 Fed. 218, p. 219. Mineral lands were not only not granted but were expressly excepted from the operation of this act. Central Pac. R. Co. v. De Rego, 39 L. D. 288, p. 290. A patent under this statute which excepts mineral lands is invalid where the land was known at the time to be chiefly valuable for minerals. United States v. Central Pac. R. Co., 84 Fed. 218, p. 220. Northern Pac. R. Co. v. Solderberg, 188 U. S. 526. This grant being in præsenti takes effect as to a particular tract of land at its inception, and if the tract is then of the class or character of those specifically excepted, it remains so excepted whatever its status or character may be or become at a later date. Central Pac. R. Co. v. De Rego, 39 L. D. 288, p. 290. The discovery of the mineral character of land within the limits of the grant at any time prior to the issuance of patent therefor to the railroad company operates to except the same from the provisions of the grant. Central Pac. R. Co. v. De Rego, 39 L. D. 288, p. 290. |