Public Lands—Railroad Grants—Void Purchase.—The grant oí lands to the Atlantic and Pacific Railroad Company bad the effect to withdraw the land granted from other disposition, while that grant remained operative, both within the primary and indemnity limits, and the Southern Pacific Railroad Company acquired no right to any of said lands under its grant, and any purchase therefrom is void.

Id.—Restoration of Lands to Public Domain—Confirmation of Water Rights.—The restoration to the public domain by the act of Congress of 1886 of the lands granted to the Atlantic and Pacific Railroad Company by the act of Congress of 1866 operated to confirm existing water rights previously acquired by appropriation in 1870, without objection from that railroad company, and it seems that such confirmation made such water rights valid from their inception.

Id.—Act to Relieve Purchasers of Forfeited Lands—Pre-emption Right—Subordination to Previous Water Rights.—The preemption right conferred by section 5 of the act of Congress of March 3, 1887, to relieve dona fide purchasers of forfeited lands, upon purchasers to whom they have been Improperly sold by any company as part of its grant, when not included therein, is subordinated to rights of way and ditch and water rights appearing to have been acquired in good faith under the laws of the United States prior to that act, and even prior to the inception of the grant under claim of which the improper sale was made.

Id.—Action to Quiet Title—Findings Against Plaintiff’s Title—Unexercised Right of Pre-emption—Omissions to Find as to Defendant’s Water Right.—In an action to quiet title to land against an adverse claimant of a water right, where it appears that plaintiff had no other title or right than the pre-emption right conferred by the act of 1887, and that such right had not been exercised, and there had been no expression of an intent to exercise it, and that the plaintiff was not in possession of the land, and had never had more than a temporary possession of part thereof, the place and extent of which was not shown, a finding that plaintiff is not the owner of the land is sustained, and a judgment for the defendant for costs is supported, and it is immaterial that there is no finding or judgment as to the defendant’s title to the water right where defendant does not appeal or complain of the judgment.