Title to lands granted under this act for school purposes does not vest in the State, as against mineral claimants, until a survey has been made. Keystone Consol. Min. Co., v. California, Copp's Min. Lands 101, p. 105. Grayson v. Knight, 27 Cal. 507 California, In re, Copp's Min. Lands 224. Under this section none but township lines should be surveyed where the lands are mineral, and if no title to sections 16 and 36 could vest in the State until survey, then no title to mineral lands could vest, as such lands were not permitted to be surveyed under this section. Keystone Consol. Min. Co. v. California, Copp's Min. Lands 101, p. 112. Congress intended by this act that no surveys should be made of mineral lands until it further ordered, and there could be no sale, preemption, or other title acquired in mineral lands until Congress provided for their disposition. See Alabama, In re, 6 L. D. 493, p. 494. Mining Co. v. Consolidated Min. Co., 102 U. S. 167. Mullan v. United States, 118 U. S. 271. The title to sections 16 and 36 for school purposes vested in the State at the date of the survey, May 19, 1866, and a mining company could acquire no rights in any such sections under the mining act approved July 26, 1866 (14 Stat. 251). Water & Min. Co. v. Bugbey, 96 U. S. 165, p. 167. Congress was so careful to protect mineral lands from sale and preemption that surveyors were, by this section, forbidden to extend their surveys from such mineral lands, and the purpose of this was to prevent such lands from sale, preemption, or other title acquired in mineral lands, and reserve them from disposal. Alabama, In re, 6 L. D. 493, p. 494. 3. SEMINARY PURPOSES-MINERAL LANDS EXCEPTED. A grant of land for use of a seminary, under this section, expressly excepted mineral lands. California v. Poley, In re, 4 C. L. O. 18. See Alabama, In re, 6 L. D. 493. The mineral lands are exempted from the operation of the grants of 72 sections for the use of a seminary of learning and the grant of 10 sections for the purpose of public buildings. Higgins v. Houghton, 25 Cal. 252, p. 255. 4. SELECTIONS FOR PUBLIC BUILDINGS MINERAL LANDS EXCEPTED. This section gives the State the right to select 10 sections for public building purposes, but expressly provides that none of such selections shall be made of mineral lands. Keystone Consol. Min. Co. v. California, Copp's Min. Lands 101, p. 112. 5. COAL LANDS RESERVED. These acts granting the sixteenth and thirty-sixth sections of public lands to California for school purposes expressly reserved all coal lands from the grant. Mullan v. United States, 118 U. S. 271, p. 276. See California, In re, 22 L. D. 402. Coal lands are mineral lands and do not pass to the State under this act. Hogden, In re, 1 C. L. O. 135. Hogden v. California, Sickels' Min. L. & D. 405. See Mullan v. United States, 118 U. S. 271. Alabama, In re, 6 L. D. 493. Colorado, In re, Copp's Min. Lands 341, p. 342. 6. SELECTION OF LIEU LANDS-EFFECT. Granting certain lands to the State of California did not give the State a vested right to select lands in lieu of sections 16 and 36, so that the right to select could not be withdrawn by the Government from any particular lands or claims of lands at any time before selection was actually made. United States v. Mullan, 10 Fed. 785, p. 790. Keystone Consol. Min. Co. v. California, Copp's Min. Lands 101, p. 112. See Mining Co. v. Consolidated Min. Co., 102 U. S. 167. Alabama, In re, 6 L. D. 493. This act provides that when settlement has been made on lands afterwards surveyed and falling within sections 16 and 36, other lands shall be selected in lieu thereof; but no person shall obtain the benefit of this act by a settlement or location on mineral lands. United States v. Mullan, 10 Fed. 785, p. 787. Under this statute mineral lands can not be legally selected in lieu of school sections lost or otherwise disposed of. United States v. Curtner, 38 Fed. 1, p. 10. McQuiddy v. California, 29 L. D. 181, p. 183. Under this grant the State of California is not entitled to select and locate lieu lands for such portions of sections 16 and 36 as are mineral in character. California, In re, Copp's Min. Lands 224, p. 225. See Keystone Consol. Min. Co. v. California, Copp's Min. Lands 101. Lands returned as mineral can not be selected as school indemnity lands until after due notice of intention to make the application and affirmative proof as to the nonmineral character of the land. California, In re, 22 L. D. 402, p. 403. Where it appears that the State entered other land in lieu of the land in dispute, it sufficiently shows that the State, by taking indemnity land, recognized the mineral character of the land in controversy Pereira v. Jacks, 15 L. D. 273, p. 275. In the grant of the sixteenth and thirty-sixth sections to California for school purposes with the right of indemnity selection mineral lands were expressly excepted from the operation of the grant. California, In re, 22 L. D. 402. Lands chiefly valuable for gypsum or petroleum deposits contained therein are not subject to selection as indemnity under a school-land grant. McQuiddy v. California, 29 L. D. 181, p. 183. The law governing the right of a State to indemnity school land is in every respect similar to the law governing the right of a railroad company to select indemnity land, and prior to such indemnity selection, if the land is mineral in character, it is open to exploration and purchase under the mining statutes. Swank v. California, 27 L. D. 411, p. 413. McQuiddy v. California, 29 L. D. 181, p. 183. 7. PROOF OF MINERAL CHARACTER OF LAND. The affirmative proof required by the mining regulations under this act should be ample and may consist of the affidavit of an applicant supported by the affidavits of two or more persons whose acquaintance with the character of the land is derived from a careful personal examination of each ten-acre tract thereof. California, In re, 22 L. D. 402, p. 403. The fact that mineral had been discovered on land and that further expenditures had been made in the development of the same, considered together with the admission of the State relative to the mineral character of the land, and considered also together with the fact that the evidence shows the land to have but little, if any, agricultural value, is sufficient to overcome the agricultural return and to show that the land has a greater value for mineral than for agricultural purposes. McQuiddy v. California, 29 L. D. 181, p. 184. 8. SUBSEQUENT DISCOVERY OF MINERALS-EFFECT. The sale or patent of lands not known to be mineral at the time is not affected by the subsequent discovery of their mineral character, and this will not divest the title which has already passed. Miner, In re, 9 L. D. 408, p. 409. See Mining Co. v. Consolidated Min. Co., 102 U. S. 167, p. 175. Colorado, In re, 6 L. D. 412. Virginia Lode, In re, 7 L. D. 459. Dartt, In re, 5 C. L. O. 178. Townsite of Silver Cliff v. Colorado, 6 C. L. O. 152. Title vests under this act at the date of the completion of the official survey, and the subsequent discovery of the mineral character of the lands will not divest the State's title. Central Pac. R. Co. v. Valentine, 11 L. D. 238, p. 243. Under this grant to the State of sections 16 and 36, the State has power to sell and convey such sections by valid title, though containing minerals. Higgins v. Houghton, 25 Cal. 252, p. 258. 10 STAT. 346, AUGUST 3, 1854. TITLE VESTED IN STATES. AN ACT To vest in the several States and Territories the title in fee of the lands which have been or may be certified to them. Be it enacted, etc., That in all cases where lands have been, or shall hereafter be, granted by any law of Congress to any one of the several States and Territories; and where said law does not convey the fee-simple title of such lands, or require patents to be issued therefor; the lists of such lands which have been, or may hereafter be certified by the Commissioner of the General Land Office, under the seal of said office, either as originals, or copies of the originals or records, shall be regarded as conveying the fee simple of all the lands embraced in such lists that are of the character contemplated by such act of Congress, and intended to be granted thereby; but where lands embraced in such lists are not of the character embraced by such acts of Congress, and are not intended to be granted thereby, said lists, so far as these lands are concerned, shall be perfectly null and void, and no right, title, claim, or interest shall be conveyed thereby. 10 STAT. 597, DECEMBER 15, 1854. SALINES AND SALT SPRINGS GRANTED TO WISCONSIN. AN ACT To relinquish to the State of Wisconsin the lands reserved for salt springs therein. Be it enacted, etc., That in lieu of the "12 salt springs, with six sections of land adjoining to each," heretofore granted to the State of Wisconsin for its use by the fourth clause of the seventh section of the act entitled "An act to enable the people of Wisconsin Territory to form a constitution and State government, and for the admission of such State into the Union," approved August 6, 1846 (9 Stat. 56), there be and hereby is granted to the said State of Wisconsin, to be selected by the legislature of said State out of any public lands subject to private entry, and to be sold in such manner as the legislature may direct, for the benefit and in aid of the university of said State, and for no other purpose whatever, 72 sections of land: Provided, That any selections of land heretofore made under the act entitled "An act to extend the time for selecting land granted to the State of Wisconsin, for saline purposes," approved May 4, 1852 (10 Stat. 5), and which shall not have been sold by the United States, and is not legally claimed by preemption, or otherwise, shall be, and hereby are granted and confirmed to said State for the use of the university of said State, as a part of the 72 sections hereby granted. 11 STAT. 9, MAY 15, 1856. GRANT TO IOWA IN AID OF RAILROADS. AN ACT Making a grant of lands to Iowa in alternate sections to aid in the construction of certain railroads in said State. * Be it enacted, etc., That there be and is hereby granted to the State of Iowa, for the purpose of aiding in the construction of railroads, * *And provided further, That any and all lands heretofore reserved to the United States, by any act of Congress, or in any other manner by competent authority, for the purpose of aiding in any object of internal improvement, or for any other purpose whatsoever, be and the same are hereby reserved to the United States from the operation of this act. * * * A. GENERAL RESERVATION-SALINE LANDS INCLUDED. The proviso of this grant recognizes the reservations made by all acts of Congress, and it is therefore construed as reserving and accepting all saline lands from the grant. Horton, In re, 9 C. L. O. 121, p. 122. See Morton v. Nebraska, 88 U. S. 660. 11 STAT. 15, MAY 17, 1856. GRANT TO ALABAMA AND FLORIDA IN AID OF RAILROADS. AN ACT Granting public lands, in alternate sections, to the States of Florida and Alabama, to aid in the construction of certain railroads in said States. Be it enacted, etc., That there be and is hereby granted to the State of Florida, for the purpose of aiding in the construction of railroads, * * * And provided further, That any and all lands heretofore reserved to the United States by any act of Congress, or in any other manner by competent authority, for the purpose of aiding in any object of internal improvement, or for any other purpose whatsoever, be, and the same are hereby, reserved to the United States from the operation of this act, except so far as it may be found necessary to locate the routes of said railroads or branch through such reserved lands; in which case the right of way only shall be granted, subject to the approval of the President of the United States. SEC. 6. And be it further enacted, That a similar grant of alternate sections of public land is hereby made to the State of Alabama, to aid in the construction of a railroad from Montgomery, in said State, to the boundary line between Florida and Alabama, in the direction of Pensacola, and to connect with the road from Pensacola to said line, upon the same terms and conditions in all respects as are hereinbefore prescribed for the grant to Florida. A. RAILROAD GRANTS IN ALABAMA AND FLORIDA. 1. MINERALS AND PHOSPHATES EXCEPTED. Mineral lands did not pass with the grant, though not expressly excluded. Utah v. Allen, 27 L. D. 53, p. 55. Lands containing valuable deposits of phosphate are excepted from this grant. Florida Central & Peninsula R. Co., In re, 26 L. D. 600, p. 601. See Richter v. Utah, 27 L. D. 95, p. 98. Railroad grants of land in mineral regions uniformly contain a reservation of mineral lands. Florida Central & Peninsular R. Co., In re, 26 L. D. 600, p. 602. 16 STAT. 45, APRIL 10, 1869. GRANT TO ALABAMA IN AID OF RAILROADS. AN ACT To renew certain grants of land to the State of Alabama. Be it enacted, etc., That so much of the grant of lands made to the State of Alabama by the act of Congress approved June 3, 1856, entitled "An act granting public lands in alternate sections to the State of Alabama, to aid in the construction of certain railroads in said State" (11 Stat. 17), as were granted to assist in the building of railroads "from near Gadsden to some point on the Alabama and Mississippi State line, in a direction to the Mobile & Ohio Railroad, with a view to connect with the said Mobile & Ohio Railroad" and "from Gadsden to connect with the Georgia & Tennessee and Tennessee line of railroads through Chattooga, Wills, and Lookout valleys," is hereby revived and renewed, subject to all the conditions and restrictions contained in the act referred to, and subject to the further limitation that if either of the said railroads is not completed within three years from the passage of this act no further sale shall be made for the benefit of such railroad, and the lands unsold shall revert to the United States: Provided, That the lands granted by |