The questions presented in this case are similar to those considered sidered and decided in Van Wyck v. Knevals, reported in 106 U.S. 360; S.C.. 1 SUP. CT. REP. 336. By the act of congress of July 23, 1866, there was granted to the state of Kansas, for the use and benefit of the St. Joseph & Denver Railroad Company, in the construction of a railroad from Ellwood in that state to its junction with the Union Pacific Railroad, or a branch thereof, not further west than the 100th meridian of west longitude, every alternate section of land, designated by odd numbers, for 10 sections in width on each side of the road, to the point of intersection. The grant was accompanied, however, with this qualification: that in case it should appear that the United States had, when the line or route of the road was 'definitely fixed,' sold any section or part thereof thus granted, or that the right of preemption or homestead settlement had attached to the same, or that it had been reserved by the United States for any purpose whatever, then it should be the duty of the secretary of the interior to cause an equal quantity of other lands to be selected from the odd sections nearest to those designated, in lieu of the lands thus appropriated. The main question here, as in the case mentioned, is, when was the route of the road to be considered as 'definitely fixed,' so that the grant attached to the adjoining sections? In the case mentioned we held that the route must be considered as 'definitely fixed' when it had ceased to be the subject of change at the volition of the company; that until the map designating the route of the road was filed with the secretary of the interior, the company was at liberty to adopt such a route as it might deem best, after an examination of the ground had disclosed the advantages of different routes. But it was held that when the route was adopted by the company, and a map designating it was filed with the secretary of the interior, and accepted by that officer, the route was established. In the language of the act it was 'definitely fixed,' and could not be the subject of further change so as to affect the grant except by legislative consent; and that no further action was required on the part of the company to establish the route. It then became the duty of the secretary to withdraw the lands granted from market, and the court said: 'If he should neglect this duty, the neglect would not impair the rights of the company, however prejudicial it might prove to others. Its rights are not made dependent upon the issue of the secretary's order, or upon notice of the withdrawal being given to the local land officers. Congress, which possesses the absolute power of alienation of the public lands, has prescribed the period at which other parties than the grantee named shall have the privilege of acquiring a right to portions of the lands specified, and neither the secretary, nor any other officer of the land department, can extend the period by requiring something to be done subsequently, and until done continuing the right of parties to settle on the lands as previously.' 106 U.S. 366; S.C.. 1 SUP. CT. REP. 336. Since the decision of that case, the court, in Railway co. v. Dunmeyer, 113 U.S. --; S.C.. ante, 566, has reconsidered the question and come to the same conclusion, the receipt of the map in the land-office without objection being considered as equivalent to its acceptance.