![[blocks in formation]](https://books.google.com.bd/books/content?id=-qFJfHhbPQ8C&output=html_text&pg=PA646&img=1&zoom=3&hl=en&q=canal&cds=1&sig=ACfU3U0UeFCgxfA2ThxkegyehFtQ85MmPA&edge=0&edge=stretch&ci=108,268,450,48)
The lines of the public survey may be
extended or protracted over a confirmed
private-land claim for the purpose of ascer-
taining the amount of school land lost to
the State by reason of sections sixteen being
included within the limits of such claim... 187
Section sixteen in each township in the
State of Louisiana, reserved for the support
of schools by section ten of the act of March
3, 1811, did not pass under the swamp-land
grants to said State by the acts of March 2,
1849, and September 28, 1850..
The act of May 2, 1890, reserving for school
purposes sections sixteen and thirty-six in
each township in the Territory of Okla-
homa, did not make a grant to said Terri-
tory, either of sections in place or of the
lieu selections therein authorized, but made
a reservation for a future grant, which res-
ervation included both sections in place
and lieu selections where such selections
were made in accordance with law and are
of the character of land appropriated for
that purpose..
The "contingent location of lands in
sections 16, in the State of Mississippi, for
the benefit of Indians, under Executive
order issued October 13, 1834, did not oper-
ate to reserve or appropriate said lands
so as to prevent title thereto vesting in the
State under and by virtue of the acts of
Congress relating to school lands in said
State...
The reservation of sections sixteen and
and thirty-six for school purposes in the
Territory of Utah, under the act of Septem-
ber 9, 1850, when the lands in the said
Territory shall be surveyed. . .
... prepar-
atory to bringing the same into market,"
does not become effective as to lands in
said sections on the survey of only two of
the exterior lines thereof..
Lands sold or otherwise disposed of"
at the time of the admission of Utah into
the Union are excepted from the school
grant to said State; and where prior to said
date a desert-land filing has been properly
allowed and the first payment on the land
accepted, the claimant thereby acquires
such a right to complete his purchase and
perfect title by further compliance with the
desert-land act that the right of the State, if
any under its school grant, is subject to
the prior right under said filing...
Instructions of February 21, 1901, modify-
ing the instructions of March 11, 1899, rela-
tive to indemnity selection in lieu of school
lands in forest reservations..
A lieu selection of school lands by a State
or Territory operates as a waiver of all claim
to the lands assigned as bases, and after the
approval of such selection by the Secretary
of the Interior it is not material to inquire
how it was made in the first instance......
In case of a lieu selection of land not sub-
ject thereto, sich land was not reserved or
granted by any act of Congress, and such
selection, although it may have been ap-
proved and certified by the Secretary of the
Interior, is still subject to his jurisdiction
and control....
The approval by the Department, and
certification thereunder, of a list of indem-
nity school selections made by a State, cover-
ing lands of the character granted for in-
demnity purposes and free from adverse
claim or appropriation, which list is prima
facie valid, and only defective by reason of
the erroneous assignment of an improper
basis therefor, passes the legal title of the
lands selected to the State, and the Depart-
ment is thereafter without jurisdiction to
revoke or cancel the selection so erroneously
approved and certified...
Lands within a confirmed private claim
in Florida have been "disposed of by the
United States" within the meaning of see-
tion 2275, Revised Statutes, as amended by
the act of February 28, 1891, and the State
is therefore entitled to indemnity for sec-
tions sixteen included within such claim
and thereby lost to its school grant....................
Lands within the Territory of Oklahoma
included in a bona fide settlement claim, in-
itiated before survey, must be treated as "ap-
propriated" within the meaning of the act of
February 28, 1891, and therefore not subject
to lieu selection by the Territory, for school
purposes, within the period of three months
after the filing of the township plat accorded
to the settler within which to place his set-
tlement claim of record
All applications for indemnity lands in
lieu of school sections embraced, after sur-
vey, within a forest reservation, "must
designate by specified legal subdivisions the
lands in lieu of which indemnity is desired,"
and applications which do not conform to
this requirement can not be accepted................ 60%
A selection authorized by the State of lands
in lieu of sections sixteen and thirty-six in
a forest reservation, where the right of the
State to said sections has attached under its
school grant prior to the establishment of
the reservation, is such a waiver of its right
to said sections as to obviate the necessity
for the formal relinquishment thereof to
the United States, as required by circular
instructions of March 11, 1899..
The State is required, in making applica-
tion to select land in lieu of sections sixteen
and thirty-six in a forest reservation, where
the title of the State to such sections has
vested prior to the establishment of the res-
ervation, to designate by specified subdivi-
sions the lands in lieu of which indemnity is
desired, and to show, by certificate of the
proper officer having charge of its records of
disposal of its school lands, that it has made
no sale or other disposal of the lands assigned
as a basis for its proposed lieu selection, and
also, by certificate of the officer having
charge of the record of titles to lands in the
county where the lands lie which are as-
signed as a basis for the selection, that no
conveyance of title, lease, or other transfer
of such lands, or of any interest therein,
appears of record in his office ......
See Railroad Grant; Reservation; School
Land; States and Territories.
The qualifications requisite on the part of
a homesteader must exist at the date of en-
try, and if after settlement and prior to
entry the settler for any reason becomes
disqualified, the privilege gained by settle-
ment is lost....
A formal application to enter, made within
three months from settlement, is not re-
quired to protect such settlement as against
the intervening application of another, if
the settler files a protest against the accept-
ance of said application, alleging his own
priority, within three months after the land
becomes subject to entry......
States and Territories.
See Private Claims; School Land Survey.
A reservation of unsurveyed lands upon
the application of a State to have them sur-
veyed under the acts of August 18, 1894, and
February 22, 1889, will be revoked where it
appears that prior to such application by
the State a railroad company had made ap-
plication for their survey under the provi-
sions of the act of February 27, 1899, had
made the deposit required by said act, and
steps had been taken by the land depart-
ment to execute such survey..
A lieu selection of school lands by a State
or Territory operates as a waiver of all claim
to the lands assigned as bases, and after the
approval of such selection by the Secretary
of the Interior it is not material to inquire
how it was made in the first instance
A State will not be permitted to contest
an entry, with a view to selection of the
land involved under a grant to the State,
where it appears that approved and pend-
ing unapproved selections on account of
said grant equal or exceed the full amount
granted......
Instructions of November 10, 1900, rela-
tive to certificate to be filed by State with
lists of selections, to prevent putting in
reservation on account of a grant a quan-
tity of land in excess of the total amount
granted...
A homestead entry improperly allowed
during the period of preferred right of selec-
tion accorded the State by the act of Au-
gust 18, 1894, on land surveyed under said
act upon the application of the State, will
be permitted to stand, as of the date of the
expiration of said period, where the State
fails to make a valid selection of the land
until after the period of preferred right has
expired. (Idaho.)
Homestead entries and applications to
enter made subsequently to the expiration
of the period of preferred right granted the
State by said act, and prior to any valid se-
lection by the State, take precedence over
such selection when made
One who settles upon land subsequent to
an application by the State to have it sur-
veyed under the act of August 18, 1894, and
who after survey but during the period of
preferred right of selection accorded to the
State applies to enter the same, acquires no
right as against the State. (Idaho.)
A qualified settler who, after the expira-
tion of the period of preferred right of selec-
tion on the part of the State, is residing on
the land, will be protected by the Depart-
ment as against a subsequent selection by
the State, even though he may have failed
to assert his claim within three months
after the land became subject to entry.....
No rights are secured under State selec-
tions tendered prior to the filing of the
township plat of survey
The act of June 20, 1894, authorizing the
governor of the State of Mississippi to se-
lect, for university purposes, out of the un-
occupied and uninhabited lands of the
United States in said State, a specified
amount of land, was not a grant in præsenti,
but title to the lands designated only vested
in and accrued to the State upon selection
and certification, legally exercised as au-
thorized in the act, and subsequently ap-
proved.....
An occupant of a tract of land, within the
meaning of the act of June 20, 1894, is one
who has the use and possession thereof,
whether he resides upon it or not .........
In making selection under the act of June
20, 1894, it devolved upon the State to show
affirmatively that the lands selected were
of the character designated in the act, but
such showing having been made, and the
selection approved, it was thereafter incum-
bent upon the party attacking the validity
of the approved selection to assume the
burden of proof..................
The grant to the State of Utah of one
hundred thousand acres for the establish-
ment and maintenance of an institution for
the blind, made by sections 12 and 13 of the
act of July 16, 1894, is one of quantity to be
selected by the State, under the direction
of the Secretary of the Interior, "from the
unappropriated public lands" within the
State. The status of the lands at the date
of their selection by the State is the cri-
terion in determining the rights of the State
under its selection.....
The acts of July 5, 1884, and August 23,
1894, relative to the disposition of lands
in abandoned military reservations pro-
vide a mode for the disposal of such lands
exclusive of all others, and lands thus set
apart for disposition in a designated man-
ner are not subject to selection as "un-
appropriated" public lands under the
grant of July 16, 1894, to the State of Utah. 301
See Acts of Congress and Revised Statutes
cited and construed, pages XXII and XXV.
See States and Territories.
Instructions of January 4, 1901, relative
to surveys within the limits of the Klamath
Indian Reservation.
Circular of October 16, 1896, 23 L. D., 361,
relating to restoration of lost or obliter-
ated corners, reapproved and reprinted in
pamphlet form March 14, 1901.
The United States does not, by the ap-
proval of a survey, part with its title to
lands that are erroneously omitted from
said survey..
The United States has authority to ex-
amine into the correctness of a survey, and
to cause lands erroneously omitted from
survey to be surveyed and disposed of as
public lands...
The power to make and correct surveys of
the public lands belongs exclusively to the
political department of the government;
and the Department of the Interior is the
proper tribunal to determine whether lands
were, at the date of survey, part of a lake or
were public lands erroneously omitted from
survey
The owners of fractional tracts bordering
upon a meander line of a survey shown by
the field notes to have been closed upon a
marsh, acquire no riparian rights to the
lands thus excluded from the survey
The requirement that thirty days' notice
must be given before a plat of survey will
be treated as officially filed in the local
office, has no application to an amended
plat filed for the purpose of showing sub-
divisions of public lands in a surveyed
township rendered fractional by reason of
the reservation thereof and the platting
and disposition of adjoining public lands.. 468
Evidence as to the character of land
since the date of the swamp grant is com-
petent as tending to show whether the land
was in fact swamp and overflowed at the
date of said grant
A relinquishment by the proper officers
of a State, of lands included in an ap-
proved swamp-land list, on the ground that
said lands are not of the character contem-
plated by the swamp-land grant to the
State, will be accepted as sufficient author-
ity for cancelling, upon the records of the
land department, the certification to the
State of the lands in question...
... 109
A list of swamp-land selections filed by
the surveyor-general if not based upon
proper data may be corrected by such
officer through the filing of a second list,
and thereafter the first list is not a pending
list of swamp-land selections upon which
the confirmatory provisions of the act of
March 3, 1857, will operate
If a tract of land was swamp and over-
flowed and unfit for cultivation at the
date of the swamp-land grant to a State,
such grant was a disposition of the land
that excepted it from the operation of a
subsequent grant to a railroad, even
though no selection thereof was made by
the State until after the attachment of
rights under the railroad grant
The act of July 23, 1866, and section 2488,
Revised Statutes, changed the manner of
identifying swamp lands in California and
laid down a rule of evidence by which the
character of land shown, by an approved
survey made under the authority of the
United States, to be swamp and overflowed
is conclusively established..
The act of July 23, 1866, and section 2488
R. S. did not overthrow or restrict the au-
thority of the Secretary of the Interior over
surveys of the public lands, and whenever
fraud or error exists in connection with the
execution or acceptance of a survey he may
prevent the disposition of public lands
thereunder and take appropriate action to
secure a correct survey....
Under the swamp-land grant of September
28, 1850, patent is necessary to pass the full
legal title, and if, by the act of July 23, 1866,
and section 2488, Revised Statutes, certifica-
tion is, as to the State of California, sub-
stituted for patent, until such certification
the land department has jurisdiction to de-
termine whether a tract of land is properly
identified as passing under that grant..... 570
Directions given that the governor of
Oregon be at once notified of all surveys
that have been or that may hereafter be
completed and confirmed within the limits
of the Klamath Indian Reservation in said
State, and that the Indian Office be
promptly notified of any selections made
by the State of claimed swamp lands within
said reservation, such lands to be particu-
Departmental approval of a survey of
lands does not conclusively fix and deter-
mine the character of the lands with regard
to the swamp grant, but has the effect of
prima facie establishing their character as
returned by the survey; and in case of the
selection by the State, under the swamp-
land grant, of lands not returned as swampy
in character, the burden is upon the State
to show that they are of the class granted.. 120
The field notes of a survey made prior to
the swamp-land grant are of but little
weight in determining the character of
the land; but where the State has elected
to make the selection of swamp lands by its
own agents in the field, the burden is upon
it to show that the lands selected are of
the character contemplated by the grant,
if the field notes show otherwise.
The provisions in the act of April 18, 1818,
making donation to the State of Illinois of
5 per cent of the net proceeds of the sale
of public lands therein, is a direct appro-
priation for the specific purposes named in
the act and can not be made the basis of
a charge against the State or of a set-off
against its claim to swamp-land indemnity 128
The State of Louisiana is not entitled to
the purchase money received by the govern-
ment from the sale of lands in the Maison
Rouge grant, claimed by the State to be
swamp, where such lands were in a state of
reservation at the date of the swamp grants
to the State, although such lands may
have been swamp and overflowed at the
date of said grants and sold subsequently
thereto
Any question as to the character of lands
claimed by the State under the swamp-
land act of September 28, 1850, which lands
are covered by patents issued prior to any
claim thereto by the State, is subject to
inquiry only in the courts and by judicial
proceedings
allowed ten days after the date named in
the published notice, for the submission of
final proof, within which to make such
proof and payment...........
A timber-land entry held by a transferee
will not be canceled upon the uncorrobo-
rated admissions of the original entryman,
made out of court, that the entry was pro-
cured at the instance and for the benefit of
the transferee
Timber Cutting.
Instructions of March 20, 1901, under act
of March 3, 1901, relative to the use of tim-
ber on nonmineral public land in Montana
and Wyoming..
Instructions of March 22, 1901, under act
of March 3, 1901, relative to use of timber on
nonmineral public land in California, Ore-
gon, and Washington
The owner of a bona fide mining claim
in the Colville Indian Reservation has the
same right, by virtue of the act of July 1,
1898, extending the mining laws to said
reservation, to use and remove the timber
upon his claim, as the owner of a mining
claim elsewhere....
Townsite.
See Isolated Tract.
Wagon Road Grant.
As to lands within the limits of that por-
tion of the Northern Pacific grant made by
the act of July 2, 1864, and forfeited by the
act of September 29, 1890, and also within
the limits of the wagon-road grant of Febru-
ary 25, 1867, no right existed under the ear-
lier grant, at the date when the later be-
came effective, that served to defeat the
operation thereof..
The provisions of the act of March 3, 1887,
apply only to land grants for railroad pur-
poses and can not be invoked for the protec-
tion of a purchaser under a wagon-road
grant
Warrant.
Assignments of military bounty land war-
rants will not be recognized by the land de-
partment unless made in accordance with
the regulations established by said depart-
ment governing such assignments
|