1. Terrjtoriat. Courts — Transfer of Cause on Admission of State.

In ejectment in a court of Idaho territory against the lessee and lessor of the premises, the summons was returned served as to both, and, on the admission of Idaho as a state, both petitioned for removal of the cause to the circuit court created by the act of admission (20 Stat. 215) S on the ground that the lessee was a federal corporation. 'Held, that the action was “pending” as to both defendants, within the provision of that act (section 18), giving the court jurisdiction of such cases, although in fact the lessee was not served, and did not appear therein, and this ap'; peared by the judgment subsequently entered.

2. Same — Proceedings for Transfer — Jurisdictional Pacts.

The “request in writing” for such transfer, required by the statute, must show the facts necessary to give jurisdiction, unless they appear elsewhere in the record.

8. Public Lands — Railroad Rights of Wav — Conflicting Surveys.

A railroad company which surveys an extension of its line over public lands beyond one of the termini fixed by its charter, and afterwards files supplemental articles of incorporation, authorizing it to make the extension, acquires by such survey no right of way, under the act of March 3, 1875 (18 Stat. 482), as against another company, which, having full powers, makes a survey over the same land after the former company’s survey, but before the filing of its supplemental articles.

4. Same — Change of Route.

The filing of a map of the route selected, under this act, and the approval thereof by the secretary of the interior, do not prevent the company from afterwards, and within the time allowed by law, adopting a different route, so long as the rights of others have not intervened; and this without regard to the rules and regulations of the department of the interior.