Page.

Page.

of said boundaries is pending and undeter-
mined..

A notation appearing of record, at the
date of a railroad grant that a tract has been
selected as swamp land is ineffective as
against the operation of the grant, if, at such
time, said notation appeared of record with-
out authority of law...

108

203

The proclamation of the President under
the act of June 18, 1878, withdrawing from
sale and disposal certain lands required for
reservoir purposes, did not affect the status
of lands to which rights under a railroad
grant had attached by definite location.... 451
A homestead settler, who by alienation of
the land has disqualified himself as an en-
tryman, is not entitled to relief under the
act of June 22, 1874, extending the time for
the completion of certain railroads in Min-
nesota and protecting the rights of settlers
prior thereto

Land chiefly valuable for its deposits of
fire clay is included in the exception of
"mineral lands" from the grant to the
Northern Pacific Railroad Company .
Lands chiefly valuable for the petroleum
contained therein are excepted from selec-
tion as indemnity

.......

Lands containing valuable mineral depos-
its, whether of the metalliferous or fossil-
iferous class, of such quantity and quality
as to render them subject to entry under
the mining laws, are "mineral lands" with-
in the meaning of that term as used in the
exceptions from the grant to the Northern
Pacific Company for railroad purposes, and
to the State for school purposes....

A final mineral return by the commis-
sioners appointed under the act of February
26, 1895, operates to except the lands 80
classified from the grant to the Northern
Pacific.......

WITHDRAWAL.

An indemnity withdrawal for the benefit
of the Northern Pacific grant is in violation
of the terms of said grant, and inoperative
as against an authorized withdrawal on be-
half of another grant...

Lands embraced within the indemnity
withdrawal for the benefit of the main line
of the St. Paul, Minneapolis, and Manitoba
road, under the grant of March 3, 1857, are
not by such reservation excluded from the
operation of the subsequent grant of 1871
for the St. Vincent extension of said road..

The line of the Northern Pacific road be-
tween Wallula, Washington, and Portland,
Oregon, as shown by the map of general
route filed August 13, 1870, followed the
north bank of the Columbia River within
the Territory of Washington, and the width
of the withdrawal thereon was consequently
governed by the provisions in the granting
act relative to the extent of the grant where
the line of road passed through a Territory;

530

349

351

233

446

67

86

Under the provisions of the act of March
2, 1896, the title to lands erroneously pat-
ented on account of a railroad grant, and
sold to a bona fide purchaser, is confirmed.
The government in such case must proceed
against the company for the recovery of the
value of the lands as directed by said act.. 409
Action looking for the recovery of title to
lands erroneously certified should not be
taken, where patents have issued on the
claims held to have excepted such lands
from the grant; the parties in such a case
may be left to assert their rights in the
courts.....

ACT OF MARCH 3, 1887.

440

The purchasers of the capital stock of a
company, that is applying for patent under
said section 4, are not purchasers of the
land within the meaning of the statute.... 117
Section 4 was not intended to protect a
speculative purchase made with knowledge
of the defect in the title of the railroad
company..............

The protection given to settlers by the
second proviso to section 5 is restricted to
such persons as may have settled in good
faith after December 1, 1882, and before the
passage of said act, claiming a right to enter
under the settlement laws in ignorance of
the rights or equities of others in the
premises.

The provisions of the act of June 22, 1874,
and section 5, are remedial in character, and
hence should receive a liberal construction.
and should also be construed in pari materia
together with the original granting act in

117

77

Page.

case of an application to purchase under
said section 5. It must therefore be held
that lands in even-numbered sections select-
ed under the act of 1874 are from the time
of such selection the "numbered sections"
of the grant as such phrase is used in said
section 5, and may be purchased thereunder
if said indemnity selection proves invalid.. 77
The right of purchase from the govern
ment under section 5 is limited to condi-
tions presented at the time of, or prior to
the final adjustment of the grant, and hence
does not extend to a purchase from a rail-
road company after such adjustment and
the restoration of the land to settlement
and entry....

In holding that the right of purchase from
the government under section 5 is not re-
stricted to cases in which the purchase from
the company was made prior to the passage
of said act, but that the protection extended
to settlers in the second proviso to said sec-
tion is limited to settlement made before
the passage of said act, the Department
recognizes the remedial purpose of said sec-
tion, and the rule of construction that the
proviso, being a limitation of the remedy,
must necessarily receive a strict construc-
tion

A settler who is claiming the benefit of the
second proviso to section 5 is not entitled to
plead want of notice as to adverse claims
through the company, where at the time of
his settlement he was apprised of the com-
pany's selection and the record at such time
disclosed a conveyance of the land by the
company

ACT OF SEPTEMBER 29, 1890.

The preferred right to enter forfeited rail-
road lands, accorded under section 2, as
amended by the act of February 18, 1891,
begins to run from the date when instruc-
tions are issued authorizing applications to
be made for such lands.....

An actual settler on lands embraced
within the forfeiture act at the date of the
passage of said act is entitled to a pre-
ferred right of homestead entry, and if he
dies without having made such entry, the
right survives to his widow, who was also
at such time residing on said land.

Where a settler makes homestead entry
under section 2 and thereafter, through mis-
take, relinquishes said entry, and purchases
the land under section 3 of said act when in
fact not entitled to make such purchase, the
entry may be reinstated with the right to
treat said purchase as a commutation
thereof, or perfect said entry in the regular

manner

Records.

An affidavit made to supply certain al-
leged omissions of matter from the, which
should appear therein, if it exists in fact,
will not be stricken from the files, on motion

151

194

194

420

522

522

Relinquishment.

Under a, executed without consideration,
and for the benefit of one holding a fiduciary
relation to the entryman, it is incumbent
upon the party presenting the same to show
that no advantage was taken of the entry-
man, if the good faith of the transaction is
called in question by him.......

Will not be recognized if it does not ap-
pear to have been the voluntary act of the
entryman

Can not be held to be the result of a con-
test, where, at the date of its execution.
notice had not issued on said contest, and
the entryman in good faith had cured any
default on his part that may have existed
prior thereto...

Repayment.

No right of, exists where a pre-emption
entry is canceled on account of the pre-
emptor having prior thereto exercised his
pre-emption right, and the record shows that
he swore falsely, in support of his second
entry, that he had never had the benefit of
the pre-emption law....

A purchaser of forfeited railroad lands
under section 3, act of September 29, 1890,
is not entitled to, where his entry is prop-
erly allowed on the proof presented, but is
subsequently canceled on account of the
falsity of said proof in a matter essential
to the allowance of the entry

A person holding under a deed executed
prior to the submission of final proof and
the issuance of final receipt has no standing
as an assignee under the statute providing
for

Can not be allowed where a desert-land
entry is properly allowed on the proofs pre-
sented, but, on subsequent proceedings, is
canceled on account of the non-desert char-
acter of the land..

If the land entered is not of the character
contemplated by the law under which the
entry is made, but is expressly represented
by the entryman to be of such character,
and the allowance of the entry is procured
by such representation, the entry in such
case is wrongfully procured and not "erro-
neously allowed" within the meaning of
the repayment law

197

197

359

29

30

89

110

111

If an entry on the proofs presented is
properly allowed, and on subsequent inves
tigation is canceled, the fact that such can-
cellation is erroneous, under a changed con-
struction of the law, will not justify.....

A claim for, of double minimum excess
can not be allowed if the land at date of en-
try was properly rated at double minimum,
though the road opposite said land was not
constructed and the grant therefor was
afterwards forfeited....

Of alleged double minimum excess can
not be allowed if the land at date of entry
was properly rated at double minimum
Reservation.

See Reservoir Lands.

....

210

308

309

Instructions of August 18, 1897, with re-
spect to Fort Randall abandoned military.. 141
Instructions approved September 22, 1897,
as to Fort Maginnis abandoned military.... 260
The act of October 1, 1890, directing the
establishment of the forest, known as the
Yosemite National Park, did not affect or
impair rights acquired under a mineral loca-
tion duly made prior to the passage of said
act, and the owner of such a claim should
be permitted the necessary use, for purposes
of ingress and egress, of lands reserved by
said act, subject to such reasonable rules
as may be made by the Secretary of the
Interior.

The right of a miner to cut timber within
a forest, is restricted to the land embraced
within his mining claim.......

Under an order directing the, of a tract of
land for the benefit of an Indian, with a
view to his subsequent entry thereof, there
is no right conferred upon the Indian by
which his relinquishment will serve to re-
lease the land from.....

In the survey of forest, under act of June
4, 1897, the phrase "public lands adjacent
thereto" should be construed to mean town-
ships. either fractional or entire, actually
adjoining such reservation..

48

48

95

140

The mere occupancy of land in Alaska for
the purpose of trade and manufacture will
not confer any right upon the occupant, as
against the government, that will prevent
a, of the land for naval purposes............................. 212
In the absence of express statutory au
thority the Architect of the Capitol has no
right to permit the erection of a terminal
railway station on the capitol grounds..... 254
Reservoir Lands.

See Arid Lands.

Instructions of July 14, 1897, under the
act of March 2, 1897, providing for the dis-
position of Sugar Loaf Reservoir site...... 15
Residence.

The poverty of an entryman may excuse
his absence from the land after the estab
lishment of, but does not constitute a suffi-
cient excuse for failure to establish, within

the prescribed period, where such default is
charged by an intervening contestant...... 44
The absences of a homesteader from the
land covered by his entry should not be re-
garded as sustaining a charge of abandon-
ment, where he has once established, and
his absences are made necessary by the na-
ture of his occupation and condition in life,
and his intention of returning to the land is
at all times manifest from the cultivation
thereof, and the erection and maintenance
of improvements thereon

Under a homestead entry made by the
heirs of a successful contestant in accord-
ance with the act of July 26, 1892, actual resi-
dence on the land is not required, if culti
vation thereof is shown for the requisite
period.....

147

281

Page.

Page.

River.

See Survey.

School Land.

An application to select indemnity, on a
basis of an alleged loss of unsurveyed lands
within a timber reservation, prior to an offi-
cial determination of the number of town.
ships included in said reservation, may be
accepted and treated as valid, not in recog.
nition of any such right on the part of the
State, but as a matter within departmental
discretion......

40

During the existence of an entry no
rights, adverse thereto, can be acquired to
the land embraced therein either by appli-
cations to enter such land or by settlement
thereon, but, on the cancellation of said
entry, as between such settlers, the date of
settlement may be properly considered..... 448
The right of a settler who is residing
upon a tract of land under the mistaken
belief that his title thereto is complete
under a prior patent, to enter said tract on
the relinquishment of a record entry there-
of, is superior to, and will defeat an inter-
vening soldier's additional homestead entry,
made with knowledge of the adverse claim. 135
Going upon the land may be properly
regarded the initial act of, as between par-
ties that make the race at the hour of open-
ing Oklahoma lands, and are aware of a
common intent to settle on the same tract.. 273
The right of persons alleging, on lands
opened to such appropriation under the act
of September 29, 1890, is not affected by the
fact that such lands were at the time of
settlement and application therefor, re-
served from disposal under the departmental
rulings then in force

In the case of, on land that is treated as
in reservation by the Department, when
under the law it was open to settlement, the
rights of claimants should be determined
n the priority and good faith of their re-
spective settlements, and their compliance

394

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 pat-
ent issues on said selections, the Department
retains jurisdiction to inquire into the sta
tus of the lands at date of selection with
respect to alleged adverse settlement rights. 106
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, twenty-four 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
Station Grounds.
See Right of Way.
Statutes.

432

Page.

Departmental instructions of June 30,
1897, herein, withdrawn....

In the case of a, that is closed upon a
meander line run for the purpose of sepa-
rating arable lands from alleged swamp and
overflowed lands, lying upon the borders of
a lake, thus leaving a tract unsurveyed
between the shore of said lake and said
meander line, parties taking title to the
lands so surveyed acquire no riparian rights
to the unsurveyed lands lying beyond said
meander line.

An application for, of an island lying in
a meandered non-navigable stream will not
be allowed

An application for, of an island, in a
meandered non-navigable river, existing at
the date of the township survey but omitted
therefrom, must be denied, where the right
of the riparian owners to the bed of the
stream is recognized by the State in which
the land lies..

An island, not above high-water mark,
but subject to overflow, and situated in a
navigable river, is not subject to, as land
belonging to the United States, for the pro-
prietorship of the shores and beds of navi
gable rivers below high-water mark, within
the limits of the States, belongs to them by
their inherent sovereignty..

Swamp Land.

The State by securing title to lands under
the wagon road grant of July 5, 1866, is es-
topped from subsequently claiming the same
lands under the prior grant of..

The fee to, in the State of Wisconsin em-
braced within the right of Indian occupancy
provided for by the treaty of October 18,
1848, passed to the State by the subsequent
swamp grant; but the right of possession
under said grant remained in abeyance until
such time as the Indian right of occupancy
should be surrendered, or otherwise ended
by the United States..

When by the treaty of February 11, 1856,
the Indians ceded to the United States cer-
tain lands embraced within their right of
occupancy, such relinquishment, as to the
lands covered thereby, though for the ex-
pressed purpose of locating the Stockbridge
and Munsee Indians and other Indians
thereon, operated to remove the only ob-
stacle to the merger of the right of pos-
session with the fee that passed under the
swamp grant, and entitled the State to re-
ceive patents under said grant...

140

199

413

474

510

10

17

17

The Department is without jurisdiction
to order a hearing, on the application of a
State, to determine the character of lands
claimed by it under the swamp grant,
where, rior to any such claim, the lands
have been certified or patented to the State
for the benefit of a railroad grant.......... 417
Timber Culture.

See Application; Contest; Entry; Final
Proof.

The act of May 14, 1890, empowers trus-
tees in Oklahoma to approve surveys of, made
prior thereto; and the limitation as to the
acreage that may be included in a public
park, under section 22, act of May 2, 1890, is
not applicable to a survey so adopted.
...... 313

A survey of a, made by the provisional
authorities of a municipality, becomes opera-
tive from and after its execution and approval
by said authorities, when subsequently
adopted by the townsite trustees after
entry.....

The law applicable to, contemplates a sur-
vey of the land into lots and blocks before
deeds may be given....

A patent for that in terms provides that
"no title shall be hereby acquired to any
mine. . . . or to any valid mining claim or
possession held under existing laws of Con-
gress," does not divest the Department of
jurisdiction to subsequently issue a patent
for a lode claim within the limits covered by
said townsite patent, if at the date of the
townsite entry such lode claim was known
to exist..

The right to the purchase money paid on
the commutation of a homestead entry for
townsite purposes can only be recognized
on behalf of an independent municipal
organization

Wagon Road Grant.

The title of a purchaser in good faith from
a wagon road company of lands previously
certified thereto, is confirmed, in the ab-
sence of adverse claims. although by the
true construction of the grant to said com.
pany said lands were excepted therefrom;
and in such case the only remedy left to the
government is by way of suit against the
wagon road company to recover the value
of said lands...................................

313

313

518

536

390