of the so-called lake areas mentioned in this paragraph will probably be rendered during the fiscal year ending June 30, 1916. When the question of title to those areas shall have been determined, there will probably be very little work of this character in the State of Arkansas remaining for action by this office.

On July 16, 1914, this office rendered a decision in which consideration was given to the question of whether or not those portions of the "sunk lands" and "lake lands" situated within sections 16, originally school sections, had been relinquished by the State of Arkansas to the United States under the terms of the so-called compromise act of April 29, 1898 (30 Stat., 367). Homestead entries had previously been allowed for certain of the lands within those sections. It was decided that the State had relinquished its interest in those lands. Notice to that effect was served upon the entrymen and also upon the State and the right of appeal was granted to the latter. An appeal has since been taken, and the case is now pending before the Department of the Interior. Approximately 2,295 acres are involved. "FERRY" OR "CADDO LAKE" OIL LANDS IN LOUISIANA.

The status of the "Ferry" or "Caddo Lake" oil lands in T. 20 N., R. 16 W., L. M., Louisiana, was given somewhat in detail in the annual report for 1914. Since the publication of that report the work of the investigators detailed to make the special investigations has been completed, and the case was resubmitted to the Department of the Interior on July 9, 1915.

Owing to the importance of the issues and the magnitude of the interests involved, the investigations were made along the lines of the most careful and minute scientific research and were probably as exhaustive as any investigation ever conducted in a single case by this office.

The work of the investigators consisted principally in ascertaining the mean high-water level above mean Gulf level of the so-called lake in 1812, the date of the admission of Louisiana to statehood in 1839, the date of the original surveys, and in 1913 and 1914, the period during which the investigations were made; in reestablishing the original meander line of 1839, and the boundary line between the States of Louisiana and Texas which was established by the boundary commission during 1840 and 1841; in reestablishing lost corners and adjusting and permanently monumenting the angle points of the original meander line; in monumenting, identifying, and recovering corner points by iron posts, witnessed by new bearing trees; all of which amounted to a regular resurvey of the exterior and subdivisional meander lines of the township. The work of the ecologist and of the geologist consisted in making examinations bearing upon the

soil and tree conditions and the effect which the ponding of the waters had upon those conditions during various periods of pre-raft, raft, and post-raft developments from the latter half of the eighteenth century to the present time. Much evidence was collected which materially assisted the surveyors in reestablishing correctly the monuments of the original survey and which will enable the department to determine the issues of fact involved in the case. The most strik

ing feature of the Government investigations is the fact that all of the investigators essentially agreed as to the salient points upon which a decision of the issues must be based. The work of the investigators was closely followed by the various parties whose interests are adverse to the Government, through their attorneys, geologists, ecologists, engineers, and surveyors.

Maps showing the topographical and hydrographical features, and plats showing the ecological conditions of the so-called lake area based upon the investigations, have been prepared. The location of all oil wells within the areas designated upon the original plat as "Ferry Lake" have been shown.

The "Ferry Lake" case was resubmitted to the department with substantially the same recommendations as those made by this office in a letter to the Secretary of the Interior, dated January 10, 1913. The attorneys for the applicants for the surveys, and the attorneys for the protestants have been accorded further opportunities to be heard by the department, and a hearing will be held some time during the early fall.

SUITS AFFECTING LANDS GRANTED TO RAILROADS.

On June 21, 1915, the United States Supreme Court rendered a decision in the case of the United States v. Oregon & California Railroad Co. et al. (35 Supreme Court Reporter, 908, Advance Sheets). The suit was in equity and was originally instituted in the United States District Court for the District of Oregon, suit No. 3340, pursuant to the joint resolution of Congress of April 30, 1908 (35 Stat., 571), authorizing and directing the Attorney General to institute any and all suits that might be deemed adequate to enforce any rights or remedies that the United States might have growing out of the grants made by the acts of July 25, 1866 (14 Stat., 239), and May 4, 1870 (16 Stat., 94), to aid in the construction of the Oregon & California Railroad and the Coos Bay wagon road. It was in the nature of a forfeiture suit involving the portions of the grant remaining unsold, because of the failure of the company to comply with the provisions of the act of April 10, 1869 (16 Stat., 47), which required that the granted lands should be sold to actual settlers only, in quantities not exceeding 160 acres to any one purchaser, and for a price not exceeding $2.50 per acre.

The decision rendered by the United States Supreme Court reversed the decree of the lower court and refused to declare the grant forfeited, principally on the ground that the conditions under which the grant was made did not amount to conditions subsequent, the unfulfillment of which would invalidate the contract, but were enforceable covenants which the Government could require the grantee to perform. Among other things, the court decided, however, that the lands involved in the suit invite now more to speculation than to settlement, and in view of that fact it enjoined the railroad company from making any disposition of the lands or of the timber upon the lands until Congress shall have had a reasonable opportunity to provide by legislation for such disposition as it may deem fitting under the circumstances, and at the same time secure to the defendants all the value which the granting acts conferred upon the railroads. If Congress does not act, the defendants are granted the privilege of applying to the United States district court within a reasonable time, not less than six months from the date of the entry of the decree, for a modification of so much of the injunction as affects the disposition of the lands and the timber thereon.

During July, 1915, the United States District Court for the District of Oregon rendered a decision in the case of the United States against the Southern Oregon Co., suit No. 3701, which had been instituted some time prior to 1913. This suit involved the lands which had been granted to the Coos Bay Wagon Road Co., and which had been acquired through mesne conveyances and by foreclosure proceedings by the Southern Oregon Co. Previously four other suits had been instituted involving lands contained in an overlap of the grants to the road company and to the Oregon & California Railroad Co., and also involving lands outside of the limits of the road grant which had been patented to the road company by mistake. Demurrers interposed by the defendants were sustained in three of those suits, and in the fourth a decree favorable to the Government was rendered.

The suit against the Southern Oregon Co. was held by the court not to have been barred by the suits previously instituted, and a decree was granted in conformity to the decree rendered by the United States Supreme Court in the case of the United States v. Oregon & California Railroad Co. et al.

The total area of the lands involved in the suit against the railroad company amounts to about 2,300,000 acres. Of this area approximately 1,800,000 acres comprise timber lands, situated in 18 different counties of the State of Oregon. It has been estimated that the amount of timber upon these lands is at least 75,000,000,000 feet, board measure, said to be worth from $50,000,000 to $100,000,000.

An area comprising 91,153 acres within the wagon-road grant, situated in Douglas and Coos Counties, Oreg., was involved in the

suit against the Southern Oregon Co.; 86,493 acres have been cruised, and it is estimated that there is approximately 2,359,000,000 feet, board measure, of timber valued at about two and a quarter million dollars within the cruised area.

Several plans have been suggested for the disposition of the lands involved in the above-mentioned suits, with a view to recommending legislation to Congress to make the disposition suggested by the courts effective. The subject is under consideration but a definite plan has not yet been formulated, but one probably will be suggested to Congress when it meets again, either by the Department of the Interior or by the Department of Justice.

On August 1, 1914, Congress appropriated $25,000 for the maintenance of a fire patrol on the lands involved in the suit of the United States against the Oregon & California Railroad Co. During the fiscal year ended June 30, 1915, the patrol was conducted under the supervision of the Forest Service, Department of Agriculture, and by the State and local forest associations in accordance with an agreement entered into by the Departments of the Interior and Agriculture. According to the reports received by this office, about 580 forest fires were fought on areas approximating 86,000 acres, and those fires were extinguished with the salvage of all excepting about 9,000,000 to 10,000,000 feet of timber, estimated to be worth from $9,000 to $10,000. Had the lands not been protected by a fire patrol, the timber losses from forest fires would undoubtedly have been very large.

On March 3, 1915, another appropriation of $25,000 was made by Congress for the continued maintenance of the fire patrol. The Forest Service has been requested to continue its supervision over the administration of the work, and the patrol for the fiscal year ending June 30, 1916, is being conducted by it.

The act of August 20, 1912 (37 Stat., 320), provided among other things, that the Attorney General might, in his discretion, compromise any suit that had been or might thereafter be instituted against purchasers from the Oregon & California Railroad Co., involving lands purchased prior to September 4, 1908, under stipulation with the defendant or defendants, or their successors or assigns, to the effect that a decree or decrees be entered adjudging the lands purchased to be forfeited to the United States; and that if the defendant or defendants or their successors or assigns should, within six months from the entry of the decree, file a copy thereof with the Secretary of the Interior, accompanied by an application to purchase all the lands covered thereby, and should pay to the Treasurer of the United States $2.50 per acre therefor, the Secretary of the Interior should cause patents to be issued to the purchaser, conveying all the right, title, and interest of the United States in and to all of said lands.

The Attorney General has reported 40 suits that have been compromised under the provisions of the act of August 20, 1912, and the applications for patents have been filed by and approved to the purchasers and patents have been issued for the lands involved in those compromises. The estimated area of such lands is 371,535.90 acres for which $928,840.18 was paid. It is believed that the abovementioned suits are all of the suits that will be compromised.

On June 22, 1914, the Supreme Court of the United States handed down a decision in the case of Burke v. The Southern Pacific Railroad Co. (234 U. S., 669), wherein it was held that the practice of the General Land Office of reserving from railroad patents all mineral theretofore or thereafter discovered was unwarranted; that it was the duty of the Interior Department to definitely determine the character of the land before the issuance of patent.

The Burke v. Southern Pacific Railroad Co. decision has largely added to the duties of the General Land Office in that it is now necessary for it to finally determine whether or not lands sought to be patented are or are not mineral lands. This office is, however, now enabled to act understandingly upon railroad lists pending for patent, as is more fully demonstrated by later pages of this report showing the areas of lands patented to railroads.

On March 2, 1901, a suit was instituted in the United States District Court for the western district of Louisiana against the New Orleans Pacific Railroad Co. et al. to regain the titles to certain lands held to have been erroneously patented to that company, on the ground that they were excepted from the operation of the grant by the proviso to section 2 of the act of February 8, 1887 (24 Stat., 391). Action was not taken in that case for a number of years, but during the past two years investigations have been made by special agents of this office, detailed to assist the Department of Justice, of the claims involved in that suit, resulting in voluminous correspondence, especially during the past year, when efforts were made in the interest of the settlers to compromise a number of the cases. As a result many claims have been practically settled in a manner beneficial to the settler, and the remaining cases involved in the suit will be eliminated by reason of the institution of new suits for the benefit of the settlers. It is expected that about 100 old cases which have been held suspended in this office and which are involved in the aforesaid suit will soon be released and closed.

PUBLIC LAND SURVEYS.

In the year that is now closed the work undertaken and accomplished in all branches of survey operations is a matter of extreme gratification, the figures showing an area of accepted original sur