79. The authority of one acting for the State under the act of March 3, 1871, sufficiently appears where his acts are recognized by the Department and ratified 13-570 by the State.

80. One applying to purchase school lands from the State is put upon inquiry as to the State's title by the possession and cultivation of another. 9-106

81. A mere applicant for the right of purchase from the State is not entitled to purchase under section 2, act of March 1, 1877, as a "purchaser for a valuable consideration." 9-106 82. The holder of a certificate of purchase from the State, not yet entitled to a patent, can not claim the protection extended to the "purchaser for valuable consideration." 9-106

83. An innocent purchaser from the State is protected under section 2, act of March 1, 1877, whether the purchase was made before or after the passage of the act.

9-106

84. Official notice to the State of the invalidity and cancellation of a school selection is such notice to one applying to purchase thereunder from the State as to preclude him from pleading the status of an innocent purchaser. 9-106

85. In the absence of express provision in section 2488, R. S., giving to the surveyor general final authority over surveys in California, the power of supervision and direction lodged in the Com

missioner of the General Land Office and the Secretary of the Interior by sections 441, 453, and 2478, R. S., necessarily extends to surveys of public lands in that State in like manner as to other publicland transactions. The Secretary is not bound to accept and recognize for any purpose a survey of the public lands in California or elsewhere where there is mistake or fraud in its execution or approval, even though the returns or notes accompanying it show a portion of the land embraced therein to be swamp and overflowed. 31-303

Colorado.

See PRIVATE CLAIM, VII; SCHOOL LAND, II, d, 18-19, 46, 93.

86. Instructions of August 2, 1910, under act of June 25, 1910, making a grant of lands to Colorado for benefit of agricultural college. 39-140

87. The provisions in the act of March 3, 1875, requiring the State to make its selection of salt springs within two years after the admission of the State is directory only, and a failure to select within said period does not work a forfeiture of 10-222 the grant.

88. The act of March 3, 1875, is not repealed by that of January 12, 1877, nor does the proviso in the later act amount to a legislative declaration that the right to select salt springs conferred by the act of 1875 expires at the end of two years after the admission of the State. 10-222

Dakotas.

89. Under section 13, act of February 22, 1889, each of the Dakotas is entitled to 72 sections of land for university purposes, and the lands selected by the Territory of Dakota lying wholly within South Dakota inure to said State. 12-89 (See also SOUTH DAKOTA.)

Florida.

See MINERAL LAND, 6, 40; PRIVATE CLAIM, VIII; RESERVATION, 151-155, 210; SCHOOL LAND, 227, 251; SWAMP LAND, 28, 244, 251-253.

90. By the act of June 9, 1880, the right of the State (Florida) to select indemnity

is confined to "vacant unappropriated public lands."

8-380 91. Instructions of April 4, 1899, under relief act of February 25, 1899. 28-273

Idaho.

See SCHOOL LAND, 88-89.

92. Land selected for university purposes is not open to entry. 9-232

93. The department has full control of university selections until approved by the President, and may protect a subsequent entry improperly allowed for land thus selected by allowing another selection in lieu of the entered tract. 9-232

94. The fact that land sought to be selected by the State for university purposes was returned and classified as mineral is no bar to such selection, if there is not within the limits of such tract any known valuable mineral deposit; and any question as to the tract lying within 6 miles of a known mining claim is wholly between the State and the United States. 32-107 95. Section 4, act of July 3, 1890, requiring selections to be made in legal subdi

visions of not less than one-quarter section," contemplates selections in as nearly a compact body as possible, limiting the minimum amount that may be taken in any one place to a quarter section. 20-170

96. The department will not reserve unsurveyed lands from settlement in order that the State may select lands therein after survey in satisfaction of the grant made by the act of admission.

16-458

97. The preference right, for a period of 60 days from the filing of the township plat, accorded the State by the act of March 3, 1893, within which to make selection of lands, does not segregate the lands against other applications, but they should be received, subject to the State's right, and, if that be not exercised, take effect, if otherwise entitled to approval, as of the date of their presentation. 34-301

98. The provision in the act of March 3, 1893, according to the State a preference right for 60 days from the filing of the township plat within which to select lands subject to entry by the State under the act of July 3, 1890, is not effective as

99. The preference right accorded to certain States by the act of March 3, 1893. within which to select lands under grants made by the act of February 22, 1889, applies to the State of Idaho as much as to the other States named in said act of 1893, notwithstanding said State was not included among those to which grants were made by the act of 1889. 32-107

100. Failure on the part of the State to publish notice of an application for the survey of lands within 30 days from the date of such application, as provided by the act of August 18, 1894, does not affect its preference right to select such lands conferred by the act of March 3, 1893. 32-107

101. A selection for university purposes by the State within the 60-day preference right period accorded by the act of August 18, 1894, in excess of the unsatisfied portion of its grant for such purpose, may be for that reason rejected in its entirety; and the State is not entitled to transfer the excess to the satisfaction of other grants to the prejudice of the rights of settlers. 39-583

102. A pending application of the State to select an isolated tract (island) after survey under the preferred right accorded by the act of March 3, 1893, should be respected if the land is subject to such selection. 16-496

103. The preferred right of selection conferred upon the State by the act of March 3, 1893, is not operative as against bona fide settlement rights existing at the time the plat of survey is filed in the local office. 23-147

104. The act of July 1, 1898, conferred upon residents of Idaho the same right to cut and remove timber from lands within the limits prescribed by said act in Wyoming, whether reserved or unreserved. as was enjoyed by the residents of Wyoming under the acts of March 3, 1891, and 31-412 June 4, 1897.

Illinois.

See SWAMP LAND, 86-88.

Iowa.

Michigan.

See SURVEY, 132; SWAMP LAND, 13, 65, 126.

Kansas.

105. Under act admitting to the Union, is entitled to 5 per cent of the proceeds of cash sales of public lands; is not entitled to a percentage of the fees received in homestead and preemption filings, etc., which are no part of the price of the land, but are designed to defray the expenses of the local officers. 2-695 106. The act of 1857 allowing 5 per cent to the States on sales of former Indian lands only applicable to the States then in the Union. 5-712

107. The declaration common to the act admitting the States that "all laws not locally inapplicable shall have the same force and effect within that State as in the other States of the Union" does not enlarge a specific grant. 5-712

108. The payment of the 5 per cent to Kansas was limited to sales of public lands, and can not be allowed on sale of Indian trust lands.

Louisiana.

5-712

See SCHOOL LAND, 70; SWAMP LAND, 17, 78, 231-234.

Minnesota.

See SWAMP LAND, 20-24, 195, 201-231, 246, 295.

111. Instructions of February 29, 1912, relating to drainage of swamp and overflowed lands in Minnesota under act of May 20, 1908. 40-438

112. Selection under the act of March 3, 1879, must be for unoccupied land. 3-456

113. An application in 1889 for the reinstatement of university selections canceled in 1882 on the governor's relinquishment comes too late for favorable action where most of the lands have in the meantime been sold by the Government. 12–135

114. The act of March 3, 1879, providing that, "There be, and hereby are, granted to the State of Minnesota, to be selected by the governor of the State, 24 sections of land out of any public lands of the United States not otherwise appropriated," with the proviso that the lands so granted shall be selected within three years, is a present grant, and the requirement as to selection, contained in the proviso, should be construed as directory and not mandatory; hence a failure of the State to make such selections within the time specified will not defeat its right under said grant. 25-432

Mississippi.

See MINERAL LAND, 6; SCHOOL LAND, 81; SWAMP LAND, 137.

115. The right under the act of June 20, 1894, to select lands for university purposes, from those restored by the act of March 2, 1895, is limited to lands restored by said act free from any provision requiring their disposal in a special manner. The right of selection therefore does not extend to the lands restored by said act that were by the terms thereof set apart for entry under the townsite laws. 20-510

Missouri.

See PRIVATE CLAIM. X: SCHOOL LAND, 97, 137; SWAMP LAND, 91.

116. The act of June 20, 1894. authorizing the selection of lands for university purposes, restricts such selection to unoccupied and uninhabited lands, and also provides for the issuance of patent for the lands so selected; and it must therefore be held that until patent issues on said selections, the department retains jurisdiction to inquire into the status of the lands at date of selection with respect to alleged adverse settlement rights. 25–106

117. The act of June 20, 1894, authorizing the governor to select, for university purposes, out of the unoccupied 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 authorized in the act, and subsequently approved.

30-149

118. 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. 30-149

119. 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 incumbent upon the party attacking the validity of the approved selection to assume the burden of proof.

is there any authority to withhold such lands from settlement until the State has opportunity to select. 13-711

122. A reservation of unsurveyed lands upon the application of a State to have them surveyed 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 application for their survey under the provisions of the act of February 27, 1899, had made the deposit required by said act, and steps had been taken by the Land Department to execute such survey.

30-278

123. Failure on the part of a State to publish notice of an application for the survey of lands within 30 days from the date of such application, as provided by the act of August 18, 1894, does not affect its preference right to select such lands, for the period of 60 days from the filing of the township plat of survey, conferred by the act of March 3, 1893. 34-139

124. The provision in the act of March 3, 1893, according to certain States a preference right, over all persons or corporations, except prior settlers, for a period of 60 days from the filing of the township plat of survey, within which to select lands under grants made by the act of February 22, 1889, was not repealed by the provisions of the act of August 18, 1894, according a similar right of selection for a period to extend from the date of application by the State for the survey of the lands until the expiration of 60 days from the date of the filing of the township plat, provided notice of the application for survey be published within 30 days from the date of the filing of such application.

34-139 approved

125. University selections prior to the admission of the State require no further action to complete title except the admission of the State; the certification to the governor of the Territory is sufficient evidence of title.

14-142

126. The certification of lands selected under the act of February 22, 1889, is the equivalent of a patent thereto, operating to terminate the jurisdiction of the Land Department over the lands thus certified; and after such certification there is no au

thority in the department to accept a reconveyance of said lands, with a view to allowing the State to make other selections in lieu thereof. 27-474 127. As to unapproved selections under the act of February 22, 1889, the department may, on good cause shown, permit the State, through its duly authorized officers, to relinquish its claim, with a view to making other selections in lieu thereof, such relinquishment to be accompanied by due showing that none of the land so relinquished has been disposed of or encumbered by the State.

Nebraska.

See SCHOOL LAND, 98-99, 162.

27-474

of June 21, 1898, of "all saline lands in said Territory," includes only such lands as contain common salt (sodium chloride) in its various forms of existence or deposit and in commercially valuable quantities. 35-1

135. Under a stipulation in a lease by the Territory that the board of public lands of said Territory shall have the power to at any time try and determine the question whether the lease was procured through false and fraudulent representations, said board has authority, without the intervention of a court, to terminate the lease upon a satisfactory showing that it was so procured. 31-341

136. In the absence of further legislation, the officers named in section 8, act of June 21, 1898, making certain grants to the Territory, will continue a commission for the selection of "all grants of land made in quantity or as indemnity" by said act, until its prescribed duty has been fully performed; but the appropriation made by section 11 of said act, "for the purpose of paying the expense of the selection and segregation" of the lands granted, including compensation to the commission, having been exhausted, the department is precluded from making any further disbursement for compensation to or expenses incurred by the commission.

31-261

137. Circular of August 1, 1898, with respect to the disbursement of the appropriation made by section 11 of said act, annulled and discontinued, and the rules and regulations of July 20, 1898, governing the selections of land in the Territory under said act of June 21, 1898, continued in force and effect. 31-261

138. All leases or "permits for right of pasturage" issued by the board of public lands of the Territory under acts of the legislative assembly of that Territory, and covering any of the lands granted by the act of June 21, 1898, should be limited, in accordance with section 10 of that act, to not exceeding 640 acres of land to any person, corporation, or association of persons, and all such leases or permits must be submitted to the Secretary for approval.

34-143