v0830-649

IN THE

IntteJn tat⁰ Oltrratt Qlnurt nf App^ala

FOR THE NINTH CIRCUIT.

GEORGE M. TAGGART,

Appellant,

vs.

GREAT NORTHERN RAILWAY

COMPANY, a corporation.

Appellee..

i No. 2304

BRIEF OF APPE^LLEE.

STATEMENT OF THE CASE.

Appellant's statement of the case is not as com-

plete as might be desired. It contains one or two ar-

gumentative assertions which, taken alone, might be

misleading to the court. To avoid any chance of a

misunderstanding of the controversy between the par-

ties, we desire to make a brief statement of the facts

in the case, supplementing and correcting that con-

tained in appellant 's brief.

The rights claimed by the appellee are based upon

the approval by the Secretary of the Interior of the

map filed by the Washington & Great Northern Rail-

way Compan}^ on Januaiy 2, 1907, some nine months

before appellant made his homestead settlement on

the land involved in this action. Unless the approval

of that map was unauthorized (a point to be consid-

ered in the argument) the railway company thereby

acquired a right of way across the land entered by the

appellant, 100 feet wide on each side of the central

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