United States.

Compiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes online

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Online LibraryUnited StatesCompiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes → online text (page 109 of 150)
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or Territory shall be a waiver of its right to said sections. And
other lands of equal acreage are also hereby appropriated and
granted, and may be selected by said State or Territory to compen-
sate deficiencies for school purposes, where sections sixteen or thirty-
six are fractional in quantity, or where one or both are wanting by
reason of the township being fractional, or from any natural cause
whatever. And it shall be the duty of the Secretary of the Interior,
without awaiting the extension of the public surveys, to ascertain and
determine, by protraction or otherwise, the number of townships that
will be included within such Indian, military, or other reservations,
and thereupon the State or Territory shall be entitled to select indem-
nity lands to the extent of two sections for each of said townships,
in lieu of sections sixteen and thirty-six therein ; but such selections
may not be made within the boundaries of said reservations : Pro-
vided, however. That nothing herein contained shall prevent any
State or Territory from awaiting the extinguishment of any such
military, Indian, or other reservation and the restoration of the lands
therein embraced to the public domain and then taking the sections

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§ 4860 THE PUBLIC LANDS (Tit 32

Sixteen and thirty-six in place therein; but nothing in this proviso
shall be construed as conferring any right not now existing.

Act Feb. 26, 1859, c 58, 11 SUt 885. Act Feb. 28, 1891, c. 884, 26
Stat 796.

This section as ori^ally enacted was as follows:

'* Where settlements, with a view to pre-emption, have been made before the
survey of the lands in the field, which are found to have been made oo- sec-
tions sixteen or thirty-six, those sections shall be subject to the pre-emption
claim of such settler; and if they, or either of them, have been or shall be
reserved or pledged for the use of schools or colleges in the State or Territory
in which the lands lie, other lands of like quantity are appropriated in lieu
of such as may be patented by pre-emptors; and other lands are also appro-
priated to compensate deficiencies for school purposes, where sections sixteen
or thirty-six are fractional in quantity, or where one or both are wanting
by reason of the township being fractional, or from any natural caose what-
ever."

It was amended by Act Feb. 28, 1891, c 884, cited above, to read as set
forth here.

See notes to B. S. f 2276, post, | 4861.

§ 4861. (R S. § 2276, at amended, Act Feb. 28, 1891, c. 384.) Se-
lections to supply deficiencies of school lands.
That the lands appropriated by the preceding section shall be
selected from any unappropriated, surveyed public lands, not min-
eral in character, within the State or Territory where such losses or
deficiencies of school sections occur; and where the selections are
to compensate for deficiencies of school lands in fractional town-
ships, such selections shall be made in accordance with the following
principles of adjustment, to wit: For each township, or fractional
township, containing a greater quantity of land than three-quarters
of an entire township, one section; for a fractional township, con-
taining a greater quantity of land than one-half, and not more than
three-quarters of a township, three quarters of a section; for a
fractional township, containing a greater quantity of land than one
quarter, and not more than one half of a township, one-half section ;
and for a fractional township containing a greater quantity of land
than one entire section, and not more than one-quarter of a town-
ship one-quarter section of land : Provided, That the States or Ter-
ritories which are, or shall be entitled to both the sixteenth and
thirty-sixth sections in place, shall have the right to select double the
amounts named, to compensate for deficiencies of school land in frac-
tional townships.

Act Feb. 26, 1859. c 68, 11 Stat. 385. Act Blay 20, 1826, c 83, | 1, 4 SUt.
179. Act Feb. 28, 1.891, c. 384, 26 Stat 796.

This section, as originally enacted, was as follows:

'*The lands appropriated by the preceding section shall be selected, witbio
the same land district, in accordance with the following principles of adjust-
mcDt, to wit: For each township, or fractional township, containing a greater
quantity of land than threeniaarters of an entire township, one section; for
a fractional township, containing a greater quantity of land than one-half,
and not more than three^inarters, of a township, three-quarters of a section ;
for a fractional township, containing a greater quantity of land than on^
quarter, and not more than one-half, of a township, one-half section ; and for
a fractional township, containing a greater quantity of land than one entire

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Ch. 10a) the public lands § 4861

section, and not more than one-qnarter of a township, one quarter section
of land."

It was amended by Act Feb. 28, 1891, c 884, cited above, to read as set
forth here.

Sections numbered 16 and 36, in each township in the Territories of New
Mexico, Utah, Colorado, Dakota, Arizona, Idaho, Montana, Wyoming, and
Washington were reserved for school purposes by Rev. St. §§ 1946, 1947;
and in Oklahoma by Act May 2, 1890, c. 182. { 18, 26 Stat 89, and Act
Jan. 18, 1897, c. 62, | 4, 29 Stat 490.

On the admission into the Union of new States formed from these Territo-
ries, the sections so reserved, or other lands equivalent thereto, were granted
to each State, as similarly numbered sections had been granted to other pub-
lic-land States, for the support of common schools, by the several acts admit-
ting such States, as follows: Colorado, Act March 3, 1875, c. 139, f 7, 18
Stat 475; North Dakota, South Dakota, Montana, and Washington, Act
Feb. 22, 1889, c 180, §§ 10, 18, 25 Stat 679. 681, Act March 3, 1891, c. 543,
§ 38, 26 Stat 1044; Idaho, Act July 3, 1890, c. 656, §§ 4, 13, 26 Stat 215,
217; Wyoming, Act July 10, 1890, c 664, ft 4, 13, 26 Stat 222, 224; Utah,
to which sections numbered 2, 16, 32, and 36, or other lands equivalent thereto,
are granted, Act July 16, 1894, c 138, § 6, 28 Stat 109 ; and a similar grant
to the Territory of New Mexico was made by Act June 21, 1898, c 489, { 1,
80 Stat 484.

The act providing for the admission into the Union of the Territory of
Oklahoma and the Indian Territory as the State of Oklahoma granted sec-
tions 16 and 36 in every township in Oklahoma Territory and indemnity
lands selected in lieu thereof, and the sum of $5,000,000 in lieu of sections
16 and 36 and other lands in the Indian Territory, to the State for the use
and benefit of commoix schools, and granted other lands for the use and benefit
of the University of Oklahoma and other educational institutions, with special
provisions as to the disposal of said lands and' the proceeds thereof. Act June
16, 1906, c. 3335, {§ 7-10, 12, 34 Stat 272-274.

An amount equal to five per cent of the proceeds of the sales of public
lands vdthin said State of Oklahoma, was to be paid to the State,, to be
used as a permanent fund, the interest to be expended for the support of com-
mon schools by Act June 16, 1906, c 3335, f 11, 34 Stat 274.

The act providing for the admission into the Union of the States of New
Mexico and Arizona, granted to each State, in addition to sections 16 and
36 previously granted or reserved, sections 2 and 32 in every township not
otherwise appropriated, for the support of common schools; and when those
sections, or any parts thereof, are mineral, or have been sold, etc., or other-
wise appropriated, the provisions of R. S. §§ 2275, 2276, were made applicable
thereto and to the selection of lands in lieu thereof. Act June 20, 1910, c.
310, IS 6, 24, 36 Stat 561, 572.

The State of Montana was permitted to reconvey to the United States
certain lands selected by and certified to said State under the provisions of
the act admitting the State into the Union, and to select other lands in
lieu thereof, by Act March 31, 1906, c. 1354, 34 Stat. 92, and Act April 12,
1910, c. 154, 36 Stat 295.

The State of Montana was permitted to reconvey to the United States
certain lands selected as indemnity school land under the provisions of the
act admitting the State into the Union, and to select other lands in lieu
thereof, by Act April 28, 1906, c 2068, 34 Stat 150.

The selection by and grant to the several States of lands in lieu of or
as indemnity for the sections so numbered, but excepted from the grant, or
sold or otherwise disposed of, were provided for by subsequent acts, as fol-
lows : California, Act March 1, 1877, c. 81, 19 Stat 267 ; Nevada, Act June
16, 1880, c. 245, 21 Stat 287 ; Colorado, Act April 2, 1884, c. 20, § 1, 23 Stat
10; Wyoming, Act Aug. 9, 1888, c. 819, | 6, 25 Stat 393; Act July 10, 1890,
c. 664, f 2, 26 Stat 222 ; New Mexico, Act June 20, 1910, c. 310, { 6, 36 Stat
561; Arizona, Act June 20, 1910, c. 310, f 24, 36 Stat 572. And such
indemnity school lands may be selected from surplus lands of any Indian

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§ 4861 THB PUBLIC LANDS (Tit 33

reseiratfon purchased by t)ie United States, by a prorisioii of Act March 2,
1895, c. 18a, f 1, 28 Stat 899.

The sale or lease of lands so reserved or granted, and the creation froiB
the proceeds of a permanent school fond, were provided for as follows: Colo-
rado, Act March 8, 1876, c. 139, f 14, 18 Stat. 476; Nevada, Act Jane 16,
1880, c. 245, I 8, 21 Stat. 288; Illinois, Arkansas, Louisiana, and Tennesw^.
Act Jane 12, 1884, c 79, 23 Stat 41; Wyoming, Act Ang. 9, 1888, c 819. H
1, 2, 5, 25 Stat 893, Act July 10, 1890, c 664, | 4, 26 Stot 222; North
Dakota, South Dakota, Montana, and Washington, Act Feb. 22, 1889. c
180, f 11, 25 Stat 679; Idaho, Act July 8, 1890, c 666, | 5, 26 Stat 216;
Oklahoma, Act March 8, 1891, c. 543, M 18, 86, 88, 26 Stat 1026, 104.%
1044, Act May 4, 1894, c. 68, 28 Stat 71, Act June 16, 1906, c 3335. H
8-10. 84 Stat 273, 274; Utah, Act July 16, 1894, c. 138, f 10. 28 Stat 110;
Arizona, Act April 7, 1896, c. 96, 29 Stat 90. Act June 20, 1910. c 310,
f 28, 36 Stat. 574; New Mexico, Act June 21, 1898, c. 489, f 10, 80 Stat 486,
Act June 20, 1910, c 310, { 10, 36 Stat 663.

Grants of land for fractional townships for support of schools were made
to the SUte of Missouri by Act June 22, 1874, c. 422, 18 SUt 202.

Five per cent of the proceeds of the sales of public lands within certaia
States are to be paid to said States, to be used as a permanent fund, the
interest to be expended for the support of common schools, by the following
acts: North Dakota, South Dakota, Montana, Washington, Act Feb. 22,

1889, c. 180, f 13, 25 Stat 680; Idaho, Act July 3, 1890. c 666, f 7. 26 SUt
216; Wyoming, Act July 10, 1890, c. 664, | 7, 26 Stat 223; Utah, Act July
16, 1894, c. 138, I 9, 28 SUt 110; Oklahoma, Act June 16. 1906, c 33:55,
f 11, 34 Stat 274; New Mexico, Act June 21, 1898, c 489, | 4, 80 SUt 485,
Act June 20, 1910, c 810, f 9, 36 Stat 568; Arizona, Act June 20^ 1910, c.
810, { 28, 36 Stat 674.

A permanent appropriation for payment to certain States of five per r^nt
of the net proceeds of sales of all public lands within their limits, for the
purpose of education, or of making public roads and improvements, in pur-
suance of certain acts specified, was made by Rev. St { 3689, post, f 67119.

• Grants to several States and Territories of 72 sections of land to each
for the use and support of a State university, and provisions relating to the
disposition of said lands and of the money derived therefrom, were made by
the following acts: Stote of Colorado, Act March 8, 1875, c 139, | 10, 18
Stat 475 ; Territories of Dakota, Montana, Arixona, Idaho, and Wyoming, Act
Feb. 18, 1881, c. 61, 21 Stat 326, and Act Aug. 9, 1888, c 819, H 8-6, 25
Stat 393; States of North Dakota, South Dakota. MonUna, and Washington,
Act Feb. 22, 1889, c. 180, | 14, 25 Stat 680; State of Idaho, Act July 3.

1890, c 666, f 8, 26 Stat 216 ; State of Wyoming. Act July 10, 1890, c. 6G4,
f 8, 26 Stat 223 ; Territory of Oklahoma, Act May 4, 1894, c 68, 28 SUt
71; State of Utoh, Act July 16, 1894, c. 138, f{ 8, 11, 28 Stat 109, 110; Act
July 23, 1894, c 161, 28 Stat 117; and Act Jan. 8, 1897, c. 7, 29 But 483;
Territory of Arizona, Act April 7, 1896, c. 96, 29 Stat 90 ; Territory of New
Mexico, Act June 21, 181)8, c. 489, f § 3, 6, 30 Sut. 484 ; State of OkUhoma.
Act June 16, 1906, c 3335, f 12, 34 Stat 274; State of New Mexico. Act
June 20, 1910, c 310, { 7, 36 Stat 562; State of Arizona, Act June 20, 1910,
c. 310, { 25, 36 Stat 578.

Grants to States and Territories which should provide colleges for the bene-
fit of agriculture and the mechanic arts were made by Act July 2, 1862, c
130, 12 Stat 604. The selection of such lands was provided for, and special
grants for such purposes to particular States were provided for. by the fol-
lowing acts: Colorado, Act April 2, 1884, c 20, | 3, 23 Stat 10; North
Dakota, South Dakota, Montana, and Washington, Act Feb. 22, 1889, c
180, f 16, 25 Stat 681 ; Idaho, Act July 3, 1890, c 656. | 10, 26 SUt 216;
Wyoming, Act July 10, 1890, c. 664, f 10, 26 Stat 224; Utah, Act July 16,
1894, c 138, H 8, 11, 28 Stat 109, 110; Mississippi, Act Feb. 20, 18U5. c
106, 28 Stat 673 ; New Mexico, Act June 21, 1898, c 489, H 3, 6, 30 Sut
484, Act June 20, 1910, c. 310, | 7, 36 Stat 662; Arizona, Act June 20, 1910.
c 310, i 25, 86 Stat 678; Oklahoma, Act June 6, 1906. c. 8886, | 12, 34
Stat 274.

Provisions for ths creation, from the proceeds of ths lands granted, ot a

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Ch. 10a) the public lands § 4862

permanent fund for the endowment of such colleges and for annual appro-
priations, out of monef arising from sales of public lands, for more complete
endowment, with other provisions relating to them, are set forth post, under
Title LVI I, "Agricultural Colleges and Experiment Stations/*

The reissue of agricultural college land scrip, lost, canceled, or destroyed
without fault of the owner, was provided for by Act June 20, 1874, c SiSO,
post, { 4872.

Special grants to States admitted to the Union, for the support of normal
■chools, reform schools, and other educational institutions, were also contained
in the respective acts of admission mentioned above.

The provisions of Act Feb.' 28, 1801, c 884, amending this section to read as
set forth here, were made applicable to the State of Utah, and to the grant
of school lands to that State, including sections 2 and 32 as well as 16 and
36 in each township or other lands equivalent thereto, as stated in this note
by Act May 3, 1902, a 683, post, {f 4866, 4867.

The provisions of said Act Feb. 28, 1891, c. 884, were made applicable also,
to the Territory of New Mexico, by Act March 16, 1908, c 88, post, { 4868.

Lands selected and appropriated in lieu of lands granted for school purposes
to the Territory and State of Washington, under the several acts relating
thereto, as stated in the notes under this section, when approved by the Sec-
retary of the Interior, were to be deemed to have been granted to the State
by Act Feb. 22, 1889, c 180, and the title of the State thereto was confirmed
by Act Dec. 18, 1902, c. 5, 32 Stat 756.

Title to certain tracts of land previously selected by the State of Nebraska
as indemnity for granted school lands, and certified to the State, but the
certification of which was declared void, was confirmed to the State, by Act
April 16, 1902, c 506, 32 Stat 105.

Selections by States in lieu of school sections in abandoned military reser-
vations were confirmed, and provisions for the disposal of the lands in such
school sections were made, by Act Feb. 11, 1903, c 543, post, f 5012.

Selection by the State of Idaho of phosphate and oil lands under indemnity
and other land grants, with a reservation of the phosphates and oil to the
United States, was authorized by Act Feb. 27, 1918, c. 85, post, §S 4863-
4865.

Unsurveyed lands in Louisiana, which were shown by protraction to lie
within section 16 in the same township as lands granted to that State as
swamp lands under the provisions of the swamp land acts, were granted to the
State for school purposes by Act April 23, 1912, c. 88, 37 Stat 90.

Provisions for settlement on or sale of lands included in various agreements
with certain Ipdian tribes mentioned in Act March 3, 1891, c. 543, 26 Stat.
989, were not to apply to sections 16 and 36 thereon, which in the States,
were granted to the State in which they were situated, for the support of the
common schools of the State, and in the Territories were reserved from oc-
cupancy, entry, or sale, under any land law of the United States, by section
38 of said act, 26 Stat 1044; but that provision was not to apply to min-
eral land, which was to be disposed of under the laws applicable thereto.

§ 4862. (Act March 2, 1895, c. 188, § 1.) Selection of school
lands upon ceded Indian reservations.
Any State or Territory entitled to indemnity school lands or
entitled to select lands for educational purposes under existing
law may select such lands within the boundaries of any Indian
reservation in such State or Territory from the surplus lands
thereof, purchased by the United States after allotments have
been made to the Indians of such reservation, and prior to the
opening of such reservation to settlement. (28 Stat. 899.)

This was a provision of the Indian appropriation act for the fiscal year
1896, cited above.

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§ 4868 THB PUBLIC LANDS (Tit 32

§ 4863. (Act Feb. 27, 1913, c. 85, § 1.) Selection of phosphate or
oil lands by Idaho under indemnity and other land grants;
reservation of phosphates and oil to United States.
From and after the passage of this Act unreserved public lands
of the United States in the State of Idaho which have been with-
drawn or classified as phosphate or oil lands, or are valuable for
phosphates or oil, shall, if otherwise available under existing law,
be subject to selection by the State of Idaho under indemnity and
other land grants made to it by Congress whenever such selections
shall be made with a view of obtaining or passing title, with a
reservation to the United States of 'the phosphates and oil in such
lands, and of the right to prospect for, mine, and remove the same.
(37 Stat. 687.)

This section asd the two sections next foUowinir were an act entitled ''An
act to proTide for selection by the State of Idaho of i»hosphate and oAl lands.**

§ 4864. (Act Feb. 27, 1913, c. 85, § 2.) Application for selection
of phosphate or oil lands.
The State of Idaho, when applying to select lands classified as
phosphate or oil lands, or valuable for phosphates or oil, with a
view to securing or passing title to the same in accordance with
the provisions of the indemnity and other granting Acts, shall
state in the application for selection that same is made in accord-
ance with and subject to the provisions and reservations of this
Act. (37 Stat. 687.)

§ 4865. (Act Feb. 27, 1913, c. 85, § 3.) Lands selected to be certi-
fied to State; reservation of phosphates and oil and right to
prospect for and mine it; bond of prospector or miner; occu-
pation of surface; damages to owner; objections to classifica-
tion of lands ; reserved phosphate and oil deposits not subject
to exploration or entry.
Upon satisfactory proof of full compliance with the provisions
of the laws under which selection is made and this Act, the State
shall, upon approval of the selection by the Secretary of the In-
terior, be entitled to have the lands certified to it, with a reserva-
tion to the United States of all the phosphates and oil in the land
so certified, together with the right in the United States, or per-
sons authorized by it, to prospect for, mine, and remove the same ;
but before any person not acting for the United States shall be
entitled to enter upon the lands certified for the purpose of pros-
pecting for phosphates or oil he shall furnish, subject to approval
by the Secretary of the Interior, a bond or undertaking as security
for the payment of all damages to the crops and improvements on
said lands by reason of such prospecting for phosphates or oil.
Any person who has acquired from the United States the oil or
phosphate deposits in any such land, or the right to mine or re-
move the same, may reenter and occupy so much of the surface
thereof as may be required for all purposes reasonably incident to
the mining and removal of the oil or phosphate therefrom and
mine and remove the oil or phosphate upon payment of the dam-
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Ch. 10a) the public lands § 4867

ages caused thereby to the owner thereof, or upon giving a good
and sufficient bond or undertaking in an action instituted in any
competent court to ascertain and fuc said damages : Provided, That
nothing herein contained shall be held to deny or abridge the right
of the State of Idaho to present and have prompt consideration of
applications to select lands, which have been classified as oil or
phosphate lands, with a view to disproving such classification and
securing a certificate without reservation: And provided further,
That the reserved phosphate and oil deposits in approved selec-
tions under this Act shall not be subject to exploration or entry,
other than by' the United States, except as hereinafter authorized
by Congress. (37 Stat. 687.)

§ 4866. (Act May 3, 1902, c. 683, § 1.) Provisions for selections
to supply deficiencies of school lands, made applicable to grant
of school lands to State of Utah.

All the provisions of an Act of Congress approved February
twenty-eighth, eighteen hundred and ninety-one, which provides
for the selection of lands for educational purposes in lieu of those
appropriated for other purposes, be, and the same are hereby, made
applicable to the State of Utah, and the grant of school lands to
said State, including sections two and thirty-two in each town-
ship, and indemnity therefor, shall be administered and adjusted
in accordance with the provisions of said Act, anything in the Act
approved July sixteenth, eighteen hundred and ninety-four, providing
for the admission of said State into the Union, to the contrary not-
withstanding. (32 Stat. 188.)

This section and the section next following were an act entitled "An act to
make the provisions of an act of Congress approved February twenty-eighth,
eighteen hundred and ninety-one (twenty-sixth Statutes, seven hundred and
ninety-six), applicable to the State of Utah."

Act Feb. 28, 1881, c 384, mentioned in this section, amended B. S. §§
2275, 2276, and is incorporated in those sections as set forth ante, §§ 4860,
4861.

§ 4867. (Act May 3, 1902, c. 683, § 2.) Additional school sections
included in provisions as applicable to State of Utah.
Wherever the words "sections sixteen and thirty-six" occur in
said Act, the same as applicable to the State of Utah shall read :
"sections two, sixteen, thirty-two, and thirty-six," and wherever
the words "sixteenth and thirty-sixth sections" occur the same shall
read : "second, sixteenth, thirty-second, and thirty-sixth sections,"
and wherever the words "sections sixteen or thirty-six" occur the
same shall read : "sections two, sixteen, thirty-two, or thirty-six," and
wherever the words "two sections" occur the same shall read "four
sections." (32 Stat. 189.)

See notes to section 1 of this act, ante, S 4866.

Sections numbered 2, 16, 32, and 36, or other lands eqaiyalent thereto, were
grimted to the State of Utah for school purposes, by Act July 16, 1894, c. 138,
I dk 28 Stat 109.

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8 4868 tHB PUBLIC LANDS (Tit 32

§ 4868. (Act March 16, 1908, c. 88.) Provisions for selections to
supply deficiencies of school lands made applicable to n^rant of
school lands to Territory of New Mexico.
All the provisions of an Act of Congress approved February
twenty-eighth, eighteen hundred and ninety-one, entitled "An Act
to amend sections twenty-two hundred and seventy-five and twen-
ty-two hundred and seventy-six of the Revised Statutes of the
United States providing for the selection of lands for educational
purposes in lieu of those appropriated for other purposes," be, and
the same are hereby, made applicable to the [Territory of] New
Mexico, and the grant of school lands to said [Territory] , and in-
demnity therefor, shall be administered and adjusted in accordance
with the provisions of said Act, anything in the Act of Congress
approved June twenty-first, eighteen hundred and ninety-eight,



Online LibraryUnited StatesCompiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes → online text (page 109 of 150)