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the State of California has a legal title to the land in sections 16 and 36, where it is ascertained, after the survey and identification of said sections that the land therein is mineral.

By the sixth section of the act of March 3, 1853, the sections above designated were granted to the State of California for school purposes, and when the lands were surveyed the title of the state attached to the same, and if there was no legal impediment, became a legal title. (18 Howard 173.) After a very elaborate discussion, my predecessor, Mr. Secretary Delano, held that Congress, by the act of 1853, did not intend to grant, and did not grant, to the State any mineral lands, which by survey are shown to be in sections 16 and 36. (Copp's Mining decisions, p. 109.) Accepting this conclusion as the correct one, the question still remains, did the title to lands in said sections vest in the State, upon survey, if their mineral character was unknown at that time, and the same were regarded by the officers of the government as ordinary public lands. not reserved, or otherwise appropriated, but subject to disposal under the general laws of the United States.

It must be held that it did so vest, unless there was an express prohibition existing by virtue of some law.

It would seem that it was the intention of the framers of the act not to grant any of the mineral lands to the State. Mr. Hall said in the House of Representatives, on the day of its passage, "There are some donations made to the State of California, but they are precisely the same as those made to the other States of the Union; but in the clauses making the donation it is provided that the mineral lands and the lands reserved for other public uses shall be excepted. Mineral lands are reserved in all cases." Cong. Globe, vol. 26, p. 1038.

In support of this theory the 12th section of the act may be cited. By its provisions, 72 sections of land were granted to the State for the use of a seminary of learning, and mineral lands were excepted; but it will be observed that the lands were to be selected by legal subdivisions; and by an express provision in section three of the act, none but township lines were to be surveyed when the lands were mineral, hence the prohibition was well defined and easily followed. The same remarks will apply to the grant made by section 13 of the act, for the purpose of erecting the public buildings of the State. By the sixth section of the act under consideration, all the public lands in the state of California were declared subject to the pre-emption laws, except "sections 16 and 36, which

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shall be and hereby are granted to the state for the purpose of public schools in each township" There appear to be no words of limitation or restriction in the clause making the grant. The words are absolute and unqualified; the sections are excepted from the operation of the pre-emption law, together with lands otherwise appropriated or reserved by competent authority, or claimed under a foreign grant, and mineral lands; but I know of no rule of construction of language that would justify an interpretation of the words used in the granting clause that would in effect be a limitation of said grant. This view does not, I think, conflict with that expressed by Secretary Delano; for by section 3 above cited, lands known to be mineral could not be legally surveyed or designated as school lands. In, compliance with the doctrine established by the courts, it must, I think, be held that the title vested in the State at the date of survey, when the land was not known to be mineral or was not treated as such by the Government.

If following the doctrine of the courts the grant of school lands takes effect at the date of survey, can the character of the land, subsequently determined, change or affect said title? If it can, for how long a period can such change be effected? If for three years. why not for ten or fifty, or after the title derived from the State has been transmitted through numerous grantees? For lands confossedly non-mineral at the date of survey, may, many years thereafter, be ascertain, through the improvements in mining operations. to be valuable as mineral lands. To maintain such a doctrine might result in placing in jeopardy the title held by grantees to all the school lands in California, and could only be authorized by the most positive and clearly-expressed provisions of law. In my opinion there is nothing in the act which can thus be interpreted. I must therefore hold that the discovery of the mineral character of land in sections 16 and 36, subsequent to survey, does not defeat the title of the State to the same as school land. The case of Sherman vs. Buick (45 Cal. 656) is cited by counsel. In this case, the Court held that the title to each sixteenth and thirty-sixth section; upon its being surveyed, vests absolutely in the State." This decision was reversed by the United States Supreme Court at the present term.

After a careful examination of the case, however, I do not think that the question of the title of the State to mineral lands is involved, or that the decision in any way affects the question.

It is not intended to assert that the title to the land in said sections passes to the State upon the survey under the provisions of the acts of July 26, 1866, and July 9, .1870, said lands at the date of survey being recognized and regarded as mineral.

The views expressed by Secretary Delano, before referred to, will continue to control the Department in the disposal of lands thus designated.

There are other questions presented in the case under consideration, but if the views above expressed are correct, their consideration is not called for.

Your decision is reversed, and the paper. transmitted with your letter of September 10, 1875, are herewith returned. Very Respectfully,

C. SCHURZ, Secretary.

-Copp's Land Owner.

TESTIMONY IN LAND CASES.

Decision Reversed by Secretary Schurz-Action Suspended. WASHINGTON, May 26th.-Representative Page having received numerous letters from constituents complaining that all testimony as to the mineral or agricultural character of the land in contest between miners and the claimants under alleged railroad titles, was required to be taken before Registers and Receivers, to the great inconvenience of citizens residing at a distance from the Land Office, secured a decision from the Commissioner of the General Land Office some months ago that the testimony in such cases might be taken before any State officer authorized to administer oaths. The case in which this ruling was incidentally made having been appealed, Secretary Schurz reversed the entire decision of Commissioner Williamson, but, upon Page's representation, yesterday agreed to suspend his action on the case, with a view to giving the point as to the inconvenience complained of, his careful consideration. It is thought probable that the ruling of the General Land Office on this point will be finally sustained.

-Record-Union Special.

THE HASTINGS LAW COLLEGE.

The facts connected with the endowment of the Law College by Judge Hastings have already been given to the bublic. Below we give the act of incor poration, a manuscript copy of which has just reached us;

An act to establish Hastings College of the law in California:

Section 1. That S. C. Hastings be authorized to found and establish a Law College to be forever known and designated as "Hastings' College of the Law." That the officers of said College shall be a Dean, Registrar and eight Directors. That the Directors shall be Joseph P. Hoge, W. W. Cope, Delos Lake, Samuel M. Wilson, O. P. Evans, Thos. B. Bishop, John R. Sharpstein, Thomas I. Bergin of the Bar Association of the city of San Francisco, who shall, when vacancies occur, fill the same from members of said Association or otherwise, and shall always provide for filling a vacancy with some heir or some representative of the said S. C. Hastings.

That the Dean and Registrar shall be appointed by the Directors.

Sec. 2. Said College shall affiliate with the University of the State upon such terms as shall be for the welfare of the College and Uuiversity, and shall be the law department of the University.

Sec. 3. The Faculty of the University shall grant diplomas to the students of the College, and the President shall sign and issue the diplomas,

Sec. 4. Tlrere shall be set apart for the use of the students of the College some room or suitable hall at the University. And the Board of Supervisors of the city of San Francisco is authorized to supply a suitable hall in the city of San Francisco for the students and Directors.

Sec. 5. The Dean of said college shall be ex-officio one of the Faculty of the University to be designated as such by the Directors of the College.

Sec. 6. The Diploma of the students shall entitle the student to whom it is issued to a license to practice in all the Courts of this State, subject to right of the Chief Justice of the State to order an examination as in ordinary cases of applicants without such Diploma.

Sec. 7. This act is passed upon the condition that said S. C. Hastings shall pay into the State Treasury the sum of $100, 000, and is never to be refunded except as hereinafter provided.

Sec. 8. The sum of 7 per cent. per annum upon $100, 000, is to be appropriated by the State and paid in two semi-annual payments to the Directors of the College.

Sec. 9. The business of the College shall be to afford facilities for the acquisition of legal learning in all branches of the law. And to this end shall establish a curriculum of studies, and shall matriculate students who may reside at the University of the State as well as students residing inother parts of the State. Sec. 10. Professorships may be established in the name of any founder of such Professorships who shall pay to the Directors the sum of $30. 000.

Sec. 11. All the business of the college shall be managed by the Directors without compensation. And all officers, acting including the Dean and Registrar, shall be appointed by the Directors and removed by them.

Sec. 12. The Law Library Association of the city of San Francisco shall grant to the students, the use of their library upon such terms and conditions as they may agree with the directors of the college.

Sec. 13. The object of this Act being to grant a perpetual annuity for the support and maintenance of said College, should the State or any Goverment which shall succeed it fail to pay to the Directors of said College the sun of seven per cent per annum as above stipulated, or should the college cease to exist, then the State or its successor shall pay to the said S. C. Hastings, his heirs or legal representatives, the said sum of $100, 000, and all unexpended accuinu. lated interest. Provided that such failure be not caused by mistake or accident, or omsssion of the Legislature to make the appropriation at any one session. Sec. 14. That the Chief Justice of the Supreme Court of the State, or if there be no such officer of that name, the chief judicial officer of the State or Government, shall be the President of the Board of Directors, five of whom shall be a quorum to transact all business.

Book Notice and Review.

AN EPITOME OF FEARNE, ON CONTINGENT REMAINDERS AND EXECUTORY DEVISES.-Intended principally for the use of students. By Wm. M.

Coleman.

This new and valuable work,-just issued (1878) by the well known publish. ing house of T. & J. W. Johnson & Co., of Philadelphia, 535 Chestnut street, has just reached us,-among the first, we think, that has arrived on the coast.

We take great pleasure in calling the attention of our readers to its special value as a complete abstract of Fearne,-designed primarily for the use of students, and also of much value to lawyers engaged in active practice. An acquaintance with Fearne is almost indispensable to a thorough knowledge of the common law as relating to real property. This contains all of his principles separately and distinctly set forth,-and under each principle is given a single simple case by way of example, in illustration. It contains 100 pages, beautifully printed on tinted paper with a complete and exhaustive analysis and a full index of subjects. It is neatly bound in muslin, and we opine the price is quite moderate, though it is not given. It is always open for reference or examination on the RECORD office table.

THE NOTARIES' JOURNAL, -The full vol. 1, of this valuable quarterly has reached us,-covering the year from February, 1877, and completing our file to the present. It always fills an important corner on the RECORD table.

THE LEGAL REPORTER, of Nashville, Tenn., for June, has promptly arrived, and contains a very valuable article in the "Inaugural Address of Hon. A. Caruthers, Professor of Law in Cumberland University."

THE PITTSBURG LEGAL JOURNAL, (from the smoky city)-No. 41 of Vol. 8, New Series, (Vol. 25 of old series, established in 1853,) has reached the RECORD table, and is quite welcome. It is published every Wednesday, at $3 per annum--John S. Murray proprietor; and is the official paper for publication of legal notices, etc., for all the Courts of that region. We congratulate you Bro. Journal, and hope to sometime fare the same.

A tiny "Ray" has struck us from the far a way City of Naperville Ills. which bears evidence (though small in proportions) of the enterprise and inteligence of the boys of that ambitious City The "Ray" is a double sheet of tinted paper, 5 by 7, neatly printed, and if we were allowed to prophesy for its future, we should say, judging from the present number (No 4 of Vol. 1.)that it seems imbued with sufficient inborn vigor to progress in strength, and enlarge in size until it shall become an honor to the City of its birth and take a prom. inent place in the literary world. We welcome our little friendly "Ray" to the RECORD office.

There are rays of light that fade away,
There are rays of hope that often die,
But rays of honor and truth for aye
Will gleam from noble manhood's eye.

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