Moore v. Cormode/Opinion of the Court

The land in controversy is within the indemnity limits of the Northern Pacific Railroad Company as shown by its map of definite location. It was embraced by the order made by the Secretary in November, 1880, whereby the local land office was directed to withdraw and hold reserved 'from sale or homestead or other entry' all of the odd-numbered sections 'within the place and first indemnity limits' of the Northern Pacific Railroad, as indicated on its map of definite location filed in October, 1880. That order of course proceeded on the ground that under the act of July 2d, 1864 (13 Stat. at L. 365, chap. 217), it was competent for the Secretary of the Interior, immediately upon the filing and acceptance of the company's map of definite location, to withdraw from the operation of the pre-emption and homestead laws all the odd-numbered sections within the indemnity limits of the road and conterminous with the line of such definite location. The act of 1864 has been differently interpreted in the Land Department since the decision in 1888 of Secretary Vilas in Northern P. R. Co. v. Miller, 7 Land Dec. 100. For the reasons stated in the opinion just delivered in Hewitt v. Schultz, 180 U.S. 139, ante, 309, 21 Sup. Ct. Rep. 309, we accept that decision as indicating the construction of the act of 1864 to be observed in the administration of the grant of public lands to the Northern Pacific Railroad Company. This leads to an affirmance of the judgment without reference to other questions discussed at the bar.

The judgment of the Supreme Court of the State of Washington must be and is hereby affirmed.

Mr. Justice Brewer and Mr. Justice Shiras dissented.