Page:North Dakota Reports (vol. 2).pdf/393

 the vesting of the title in the grantee could be fairly implied. The act in terms provides that for the specified deficiencies “other lands shall be selected, by said company in lieu thereof, under the directions of the secretary of the interior, in alternate sections, and designated by odd numbers, not more than ten miles beyond” the forty-mile limit. It has been urged that the phrase, “under the direction of the secretary of the interior,” is equivalent to, and is intended to convey the same meaning as “subject to the approval of the secretary of the interior.” Such is not the plain and ordinary meaning of the terms used. “ Direction,” says Mr. Webster, is an “order prescribed, either verbally or written; instructions in what manner to proceed. The employer gives directions to his workmen; the physician to his patient.” Lorp CoLErineE, defining the phrase “under the direction of,” says: ‘Work is done by the direction of the board, who were represented by the surveyor. It is to be done in the manner in which they should prescribe, and is therefore done under their direction.” Newton v. Ellis, 5 El. & Bl. 124 To make the selections “under the direction of the secretary of the interior” is to make them in accordance with the rules and regulations prescribed by him. The object of this provision is undoubtedly that the interior department and the public may be advised as to what lands are appropriated under the grant, and thereby withdrawn from settlement and entry as a part of the public domain, and that the government may be advised when the quantity grant is satisfied. To secure these purposes and uniformity in the manner of selection, the secretary was authorized to prescribe the procedure to which the company must conform in making the selections. But it is in terms prescribed that the “lands shall be selected by said company.” To “select,” says Mr. Webster, is “to choose and take from a number; to take by preference from among others; to pick out; to cull.” This power of choice is to be from among all the unappropriated odd-numbered sections of land “not more than ten miles beyond” the forty-mile limits. It is to be exercised by “said company.” This phrase renders clear the interpretation to be given to the words “‘under the direction of the secretary of the interior.” The clause must be so construed that both these