Court of Appeals for the Ninth Circuit July 27, 1933, No. 6953 (Southern Pac. R. v. Ambler Grain & Milling Co.)

WILBUR, Circuit Judge

(concurring).

I concur in the judgment of affirmance. I am not prepared to concur in the conclusion that lands in the right of way grant made by section 2 of the Act of 3866 quoted in the main opinion are reserved from the grant, as is the case of lands granted by section 3 of the act where such lands have been properly entered as a homestead.