1. Public Lands (§ 92*) — Railroad Right of Wat — '“Public Lands’’ Defined — Withdrawal Under Reclamation Act.

Public lands withdrawn from entry under Reclamation Act June 17, 1902, c. 1093, § 3, 32 Stat. 388 (U. S. Comp. St. Supp. 1909, p. 597), as lands susceptible of irrigation from the contemplated works, but which remain subject to homestead entry under specified conditions, and upon which such entries have been made by entrymen who are in possession but have not yet fulfilled the conditions to entitle them to patents, are still “public lands” within the meaning of Act March 3, 1875, c. 152, 18 Stat. 482 (U. S. Comp. St. 1901, p. 1568), granting to railroads right of way through public lands of the United States, and a railroad company by complying with the terms of that act may acquire right of way through such lands subject to the possessory rights of the entrymen, which rights in the right of way it must also acquire by contract under Rev. St. § 2288, as amended by Act March 3, 1891, c. 561, 26 Stat. 1097 (U. S. Comp. St. 1901, p. 1385), and Act March 3, 1905, c. 1424, 33 Stat. 991 (U. S. Comp. St. Supp. 1909, p. 537), which authorizes any homestead settler to transfer right of way through his claim by warranty against his own acts, or by condemnation.

[Ed. Note. — For other cases, see Public Lands, Dec. Dig. § 92.*

For other definitions, see Words and Phrases, vol. 6, pp. 5793-5795; vol. 8, p. 7772.]

2. Public Lands (§ 92*) — Railroad Right of Wax — Acquisition Under Statute.

Under Act March 3, 1875, c. 152, § 4, 18 Stat. 483 (U. S. Comp. St. 1901, p. 1569), which provides that any railroad company desiring to secure right of way thereunder through public lands shall within 12 months after the location of any section of 20 miles of its road file with the register of the land office of the district a profile of its road, which, on its approval by the Secretary of the Interior, shall be noted upon the plats in said office, the filing and approval of such profile is an essential prerequisite to the acquisition of any such right of way, and is especially requisite and important where the lands are included in an irrigation and reclamation project, since the Secretary may withhold his approval except on conditions which will insure that the road will not interfere with such project.

[Ed. Note. — For other cases, see Public Lands, Dec. Dig. § 92.*]

3. Public Lands (§ 92*) — “Profile.”

A “profile” within the meaning of Act March 3, 1875, c. 152, § 4, 18 Stat. 483 (U. S. Comp. St. 1901, p. 1569), which provides that any railroad company desiring to secure right of way thereunder through pub-lie lands stall file with the register of the land office a profile of its road, etc., is the outline of a vertical section through a country or line of work, showing actual or projected elevations and hollows.

[Ed. Note. — For other eases, see Public Lands, Dec. Dig. § 92.*]