Page:North Dakota Reports (vol. 48).pdf/139

 words ‘public lands’ are habitually used in oyr legislation to describe such lands as are subject to sale and disposal under the general laws. The grant would not take land otherwise appropriated by H. E. existing at the date of the grant, although subsequently cancelled.” Prest. v. N. P. Ry. Co. 2 L. D. 506.

Ry. Co. v. Jones 29 L. D. 550 holds when an entry on filing is confirmed as against a withdrawal or definite location, the land covered thereby is excepted from the operation of the grant. N. P. R. R. Co. v. Mead, 16 L. D. 488; Darcy v. N. P. R. R. Co. 17 L. D. 265; H. & D. Ry. Co. v. Martin, 19 L. D. 20; U. P. Ry. Co. v. Wade, 27 L. D. 46; U. P. Ry. Co. v. Cunningham, 28 L. D. 94; U. P. Ry. Co. v. Landrum, 28 L. D. 575.

“The right-of-way through the lands of the U. S. is hereby granted to any Railroad Co. * * * which shall have filed with the Secretary of the Interior, a copy of its Articles * * * and due proofs of its organization * * * to the extent of 100 feet on each side of the center line of the road; * * * also ground adjacent to such right-of-way for station buildings, depots, machine shops, side tracks, turnouts, and water stations, not to exceed in amount 20 acres for each station, to the extent of one station for each ten miles of its road.” U.S. Comp. St. 1918, § 4923 (§ 3 of Act).

Provides for condemnation of “possessory claims on such public lands.” U. S. Comp. St. 1918, § 4924 (§ 4 of Act); U. S. Comp. St. 1918, § 4925 (§ 5 of Act).

“This act shall not apply to any lands * * * especially reserved from sale,” * * * U.S. Comp. St. 1918, § 4926 (§ 6 of Act).

“Congress reserves the right * * * to alter, amend or repeal this Act” * * *

Act of April 21, 1876, reads, so far as material, as follows: “All preemption and homestead entries, or entries in compliance with any law of the U. S., of public land, made in good faith by actual settlers, * * * within the limits of any land grant prior to the time when notice of the withdrawal of the lands embraced in such grant was received at the local Land Office.

, J. This is an action to determine adverse claims to a certain strip of land adjoining the right of way of the plaintiff railway company in the town of East Spring Brook in Williams county in this state. The plaintiff railway company, as successor in title to the St.