UNITED STATES SUPREME COURT DECISIONS ON-LINE

Lands within the limits of an incorporated city, whether actually occupied or sought to be entered as a townsite or not, were excluded from acquisition under the Preemption Act.

An attempted preemption settlement on such land, and filing of declaratory statement in the local land office, do not affect the disposing power of Congress or operate to exclude the tract from subsequent grant of right of way "through the public lands" containing no excepting clause.

The Act of March 3, 1877, c. 113, 19 Stat. 392, did not confirm or provide for confirming such absolutely void preemption claims so as to disturb rights vested before the date of the act under a railroad right of way grant.

The act granting a right of way "through the public lands" to the Utah Central Railroad Company (c. 2, 16 Stat. 395) applied to public lands over which the road had been constructed within the corporate limits of Salt Lake City, but which never were occupied as a townsite or attempted to be entered as such. The Townsite Act is not inconsistent with this conclusion.

46 Utah 203 affirmed.

The case is stated in the opinion.