...at the time the line of said road is definitely fixed ami a plat thereof filed in the office of the commissioner of the general land office; and whenever,...of sections shall have been granted, sold, reserved or occupied by homestead settlers or pre-empted or otherwise disposed of, other lands shall be selected...

...although the requirements of the law seem to be plain in this particular, the statute providing: " and whenever, prior to said time, any of said sections or parts of sections shall have been granted . . . . other lands shall be selected by said company in lien thereof .... in alternate sections,"...

...of a specific amount, to be taken from alternate sections. The indemnity clause says: "And \vhenever prior to said time, any of said sections or parts of sections shall have been sold," etc. What sections? If no specific sections were intended, who can say that any of "said sections"...

...should be definitely fixed and a plat thereof filed, any of said, sections or parts of sections should have been granted, sold, reserved, occupied by homestead settlers or pre-empted or otherwise disposed of, it granted other lands in lieu thereof to be selected by the company, under the direction of the Secretary...

...although the requirements of the law seem to be plain in this particular, the statute providing: " and whenever, prior to said time, any of said sections or parts of sectious shall have been granted . . . . other lands shall be selected by said company in lieu thereof...

...certain specified exceptions ; that is, the sections, or parts of sections, which had been previously granted, sold, reserved, occupied by homestead settlers, or preempted or otherwise disposed of, were excepted, and the title of its other sections or parts of sections attached as of the date of...

...question turns, are: Whenever, prior to said time, (ie, the definite location of the route of the road) any of said sections, or parts of sections, shall...settlers, or pre-empted, or otherwise disposed of, other land shall be selected by said company in lieu thereof. The language of the corresponding provision...

...question turns, are: Whenever, prior to said time, (ie, the definite location of the route of the road) any of said sections, or parts of sections, shall have been granted, sold, reserved, occupied T>y homestead settlers, or pre-empted, or otherwise disposed of, other laud shall be selected by said...

...by a clause in the act of 1864, providing that wherever, prior to the date of definite location, " any of said sections or parts of sections shall have...lieu thereof, under the direction of the Secretary of the Interior, in alternate sections, and designated by odd cumbers, not more than ten miles beyond...

...amount of twenty alternate sections per mile .... and whenever .... any of said sections, or parte of sections, shall have been granted, sold, reserved,...shall be selected by said company in lieu thereof .... in alternate sections and designated by odd numbers within the indemnity limits fixed by said...