1. Pubtjc Lands—Ghauts to Hatt/roads—Adoption ov Route.

By Act July 27, I860, congress granted lands to the A. & P. R. Co. in aid of the construction of a road from Spring-field, Mo., to the Pacific Ocean, and by the same act authorized the S. P. B. Co. to build”a road from a point of connection with the A. & P. Road, near the boundary of California, to San Francisco, and made to it a grant similar to that to the A. & P. Co. On March 3, 1871, for the purpose of connecting the T. & P. R. R. with San Francisco, congress authorized the S. P. Go. to build a line of road from Tehachapi Pass, via Los Angeles, to the T. & P. Road, at or near the Colorado river, “with the same rights, grants, and privileges,” etc., as were granted to the S. P. Co. hy the act of July 27, 1866. Iu October, 1869, the A. & P. Co. filed its plat purporting to designate the line of its road from the place where it crosses the Colorado river, near the thirty-fifth parallel, extending westerly over' the Tehaehapi Pass, and in a northwesterly direction to San Francisco. Upon the objection of the S. P. Co. this route was disapproved hy the secretary of the interior, on the ground that the act gave the S. I-’. Co. the right to build the road into San- Francisco, and no lands were reserved on this route. March 9,1872, the A. & P. Co. filed two maps showing parts of a route from the Colorado river to the Pacific coast and menee to San Francisco, which route was completed hy two maps filed in August, 1872. This route was approved by the officers of the government, and lands along it were withdrawn from settlement. Held that, although parts of the correspondence between the officers of' the A. & P. Co. and the government, subsequently passing in the course of a controversy as to the right of the A. & P. Co. to build its road to San Francisco, and parts of certain official documents, relating to such controversy, appeared to refer to the route filed in 1869, and to insist on that route as the one claimed by the A. & P. Co., the A. & P. Co. had abandoned the route of 1869, and its right to that of 1872 had been recognized, so as to withdraw the lands along that route from the operation of a subsequent grant to the S. P. Co. in aid of another line crossing such lands.

2. Same—How Fixed.

The line of a railroad to which a grant of lands has been made is definitely fixed, for the purpose of determining the lands to which the grant applies, by the filing of the maj) of the route, although uo actual survey has been made or the line surveyed has been wrongly located on the map, in consequence of errors in projecting township and section lines over unsurveyed parts of the public domain.

3. Same—Effect of Fraudulent Location.

A fraudulent deception of the government in regard to the location of the line of a railroad to which a grant of public lands had been made, would he ground for reconsideration of the approval of the maps filed, or for forfeiture of the land, hut, without such action by the government, would give no right in such lands to any other company under a subsequent grant.