Page:North Dakota Reports (vol. 48).pdf/138

 1875 has the effect of, and is as good as a patent. Ry. Co. v. Ry. Co. 172 Fed. 738.

Grants under the Act of 1875 are not subject to collateral attack such as is being made in this case. Noble v. Ry. Co. 147 U. S. 165.

The railroad may change the location of a part of its grant under this Act, even though a different route in part had already been claimed and granted. Taggart v. G. N. Ry. Co. 211 Fed. 288; Ry. Co. v. Ry. Co. 84 Pac. 1097; Practice In Filing Maps, Moran v. Ry. Co. 120 N. W. 192; Stalker v. Ry. Co. 225 U. S. 192; Ry. Co. v. Stalker, 94 Pac. 56.

''Craven & Converse and Wm. G. Owens'', for respondents.

“There is no power in the officers of the Government to extend the grant, after the legal terminus of the road has been reached at the Pacific Ocean, the acceptance of the maps of definite location extending the road on along the ocean to San Francisco without power and void.” [[Atlantic & Pacific Ry. Co. 4 L. D. 458, 460; C. S. P. M. & O. Ry. v. Omaha Ry. Co. 6 L. D. 195, 205.

At page 205 Department says:

“When the line of a land grant railroad has once been definitely fixed by the filing and acceptance of its map, there is no authority to change that location except the legislative; and in the absence of a legislative sanction the action of the land authorities in allowing or recognizing such change can neither confer or take away rights.” N. P. R. R. Co. 21 L. D. 412.

“The right of said Co. to fix the terminus of its road, subject to approval of the Department, if once exercised is thereby exhausted and the Company thereafter has no authority to establish another place as the initial point of its road.”

No act of the executive (The Department or President) thereafter in approval of another terminal point could confer any right in such matter.

At p. 420 the Secretary says: “The rule seems to be without exception that where authority to locate is made, the power is exhausted and the company cannot thereafter change that location (citing authorities)—It would therefore appear that the N. P. R. Co. have made its connection with Lake Superior at Duluth, whether accompanied by a formal declaration to that effect, or not, could not properly change that terminus for another.

“The lands covered by a H. E. are not ‘public lands.’ * * * The