Northern Lumber Co. v. O'Brien,
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204 U.S. 190 (1907)
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U.S. Supreme Court
Northern Lumber Co. v. O'Brien, 204 U.S. 190 (1907)
Northern Lumber Co. v. O'Brien
Argued December 7, 1906
Decided January 14, 1907
204 U.S. 190
The grant to the Northern Pacific Railroad Company by the Act of July 2, 1864, 13 Stat. 365, was in praesenti, although title did not attach to specific sections until they were identified, and the grant only included lands which, on that date, were not reserved, sold, granted, or otherwise appropriated; it did not include land then included within an existing and lawful withdrawal made in aid of an earlier grant for another road, although, prior to the selection by the Northern Pacific, it may have appeared that those lands were not within the place limits of the grant for such other road.
When a withdrawal order, properly made, ceases to be in force, the lands withdrawn thereunder do not pass under a grant of unreserved, unsold, or otherwise unappropriated lands, but become part of the public domain, to be disposed of under the general land laws or acts of Congress specially describing them.
139 F. 614 affirmed.
The facts are stated in the opinion.