Page. See “Swamp lands;" also, “Lieu selections'

356, 161 Revised Statutes, section 1946–School lands in certain Territories.

317 Sections 2378–2379–Grant to new States Selection and location of lands..

317 Section 2449—Fee-simple title to pass

318 ARIZONA.-Act of June 20, 1910 (36 Stat., 572)—Sections 16, 36,

2, and 32 for common schools—Lieu selections—Internal improvements—Trust fund-Mortgages prohibited—Sales and leases—Commission to select...

318 CALIFORNIA.-Revised Statutes, sections 2485–2487—Certain

selections confirmed—Surveyed lands-Surveyed only by State....

323 Act of March 3, 1853 (10 Stat., 244)-Public lands in California,

except school and mineral lands, to be subject to preemption. 324 Act of July 23, 1866 (14 Stat., 220)—Lieu selections—Surveyor general to furnish State lists as basis for selections.

324 Act of March 1, 1877 (19 Stat., 267)—Certain selections con

firmed—Mexican grants—Innocent purchasers protectedSettļers—Mineral lands...

325 COLORADO.-Act of March 3, 1875 (18 Stat., 475)—School lands, School fund-Mineral lands..

326 Act of April 2, 1884 (23 Stat., 10)-Selections in lieu of mineral lands.

326 IDAHO.-Act of July 3, 1890 (26 Stat., 215)—School landsSale-Leases—Selections in lieu of mineral lands.


WASHINGTON.-Act of February 22, 1889 (25 Stat., 676) School lands—Reservations excepted-Sale - Leases-Selections in lieu of mineral lands.

328 Act of December 18, 1902 (32 Stat., 756)—Certain selections in Washington confirmed..

329 NEVADA.-Act of March 21, 1864 (13 Stat., 30)-School lands... 330 Act of July 4, 1866 (14 Stat., 86)—Mineral lands reserved from sale...

330 Act of June 16, 1880 (21 Stat., 287)—2,000,000 acres granted in lieu of sections 16 and 36..

331 NEW MEXICO.--Act of March 16, 1908 (35 Stat., 44)—Sections

2275-2276, Revised Statutes, providing for selections, made applicable.

331 Act of June 21, 1898 (30 Stat., 484)—School lands—Reserva

tions excepted-Partial grant only—Commission to selectLeaseSale..

332 Act of June 20, 1910 (36 Stat., 561)-Sections 16, 36, 2, and 32

for common schools-Lieu selections—Internal improvements-- Trust fund-Mortgages prohibited-Sales-Leases Commission to select....

334 OREGON.-Act of February 14, 1859 (11 Stat., 383)—School lands--Lieu selections...

339 UTAH.-Act of July 16, 1894 (28 Stat., 107)—School landsReservations excepted..

339 Act of May 3, 1902 (32 Stat., 188)—Sections 2275–2276, Revised

Statutes, providing for selections made applicable-Sections 2 and 32 added.

340 WYOMING.--Act of July 10, 1890 (26 Stat., 222)—School lands— SaleMineral lands excepted-Lieu selections...


Grants of public lands have been made to many of the States carved out of public land territory for the purpose of aiding in the construction of public buildings, the support of colleges and public schools and other public purposes. These grants have practically all been satisfied except, in some instances the public school grants. The acts of Congress, or parts thereof, making grants to the States, of any very practical importance at the present time, and also the acts providing for indemnity selections by the States in lieu of lands within the school sections which have been otherwise appropriated, are given on the following pages.

It has been specifically provided that certain States shall not be entitled to swamp-lands, but other lands have been granted in lieu thereof. Such States in which this question might be of any special importance now, and acts of Congress affecting the same, are as follows: Montana, North Dakota, South Dakota and Washington, Sec. 17 of the act of February 22, 1889 (25 Stat., 676); Idaho, Sec. 11 of the act of July 3, 1890 (26 Stat., 214); Wyoming, Sec. 11 of the act of July 10, 1890 (26 Stat., 222); Utah, Sec. 12 of the act of July 16, 1894 (28 Stat., 107);, Arizona and New Mexico, Secs. 7 and 25, respectively, of the act of June 20, 1910 (36 Stat., 557); Kansas, Nebraska and Nevada, Revised Statutes, Sec. 2479.

UNITED STATES REVISED STATUTES. SEC. 1946. Sections numbered sixteen and thirty-six, School lands in in each township of the Territories of New Mexico, Utah, ries. Colorado, Dakota, Arizona, Idaho, Montana, and Wyoming shall be reserved for the purpose of being applied to schools in the several Territories herein named, and in the States and Territories hereafter to be erected out of the same.

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Sec. 2378. There is granted, for purpose of internal sidrant to now improvement, to each new State hereafter'admitted into sept. 4, 1841,

5 8., 455. the Union, upon such admission, so much public land as, including the quantity that was granted to such Staté before its admission and while under a territorial government, will make five hundred thousand acres.

SEC. 2379. The selections of lands, granted in the pro- locations of lands ceding section, shall be made within the limits of each granted in last State so admitted into the Union, in such manner as the legislatures thereof, respectively, may direct; and such lands shall be located in parcels conformably to sectional divisions and subdivisions of not less than three hundred and twenty acres in any one location, on any public land not reserved from sale by law of Congress or by proclamation of the President. The locations may be made at any time after the public lands in any such new State have been surveyed according to law.



Fee-simple to pass in all grants

and Territories.

SEC. 2449. Where lands have been or may hereafter of land to States be granted by any law of Congress to any one of the

Aug. 3, 1854, 10 several States and Territories, and where such law does 1876.316 6.7. 3, not convey the fee-simple title of the lands, or require , 8., 475

patents to be issued therefor, the list of such lands which have been or may hereafter be certified by the Commissioner of the General Land-Office, under the seal of his 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, the 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.




An Act To enable the people of New Mexico to form a constitution and

state government and be admitted into the Union on an equal footing with the original States; and to enable the people of Arizona to form a constitution and state government and be admitted into the Union on an equal footing with the original States.

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Additional grant for

common schools.


etc., lands.

SEC. 24. That in addition to sections sixteen and thirty-six, heretofore reserved for th- Territory of Arizona, sections two and thirty-two in every township in said proposed State not otherwise appropriated at the

date of the passage of this act are hereby granted to the Selections in said State for the support of common schools; and where

sections two, sixteen, thirty-two, and thirty-six, or any parts thereof, are mineral, or have been sold, reserved, or otherwise appropriated or reserved by or under the authority of any act of Congress, or are wanting or fractional in quantity, or where settlement thereon with a view to preemption or homestead, or improvement thereof with a view to desert-land entry has been made heretofore or hereafter, and before the survey thereof in the field, the provisions of sections twenty-two hundred and seventy-five and twenty-two hundred and seventy-six of the Revised Statutes, and acts amendatory thereof or supplementary thereto, are hereby made applicable thereto and to the selection of lands in lieu thereof to the same extent as if sections two and thirty-two, as well as

sections sixteen and thirty-six, were mentioned therein: Restrictions on. Provided, however, That the area of such indemnity selec

tions on account of any fractional township shall not in any event exceed an area which, when added to the area


1 See Sec. 1946, R. S., above.


of the above-named sections returned by the survey as in place, will equal four sections for fractional townships containing seventeen thousand two hundred and eighty acres or more, three sections for such townships containing eleven thousand five hundred and twenty, acres or more, two sections for such townships containing five thousand seven hundred and sixty acres or more, nor one section for such townships containing six hundred and forty acres or more: And provided further, That the ti Lands eine na grants of sections two, sixteen, thirty-two, and thirty-six to said State, within national forests now existing or proclaimed, shall not vest the title to said sections in said State until the part of said national forests embracing any of said sections is restored to the public domain; but said granted sections shall be administered as a part of said forests, and at the close of each fiscal year there shall be paid by the Secretary of the Treasury to the State, as income for its common-school fund, such proportion of the gross proceeds of all the national forests within said State as the area of lands hereby granted to said State for school purposes which are situated within said forest reserves, whether surveyed or unsurveyed, and for which no indemnity has been selected, may bear to the total area of said sections when unsurveyed to be determined by the Secretary of the Interior, by protraction or otherwise, the amount necessary for such payments being appropriated and made available annually from any money in the Treasury not otherwise appropriated.

SEC. 25. That in lieu of the grant of land for purposes grands in lieu of of internal improvements made to new States by the Internal im. eighth section of the act of September fourth, eighteen Swamp lands. hundred and forty-one, and in lieu of the swamp-land Agricultural

colleges grant made by the act of September twenty-eighth, eighteen hundred and fifty, and section twenty-four hundred and seventy-nine of the Revised Statutes, and in lieu of the grant of thirty thousand acres for each Senator and Representative in Congress, made by the act of July second, eighteen hundred and three, which grants are hereby declared not to extend to the said State, the following grants are hereby made, to wit:

For university purposes, two hundred thousand acres; buildings. for legislative, executive, and judicial public buildings State buildings. heretofore erected in said Territory or to be hereafter erected in the proposed State, and for the payment of the bonds heretofore or hereafter issued therefor, one hundred thousand acres; for penitentiaries, one hundred Penitentiaries. thousand acres; for insane asylums, one hundred thousand acres; for school and asylums for the deaf, dumb, and the blind, one hundred thousand acres; for miners' hos- te Miners' hospipitals for disabled miners, fifty thousand acres; for normal Normalschools. schools, two hundred thousand acres; for staté charitable, Charitable in. penal, and reformatory institutions, one hundred thousand acres; for agricultural and mechanical colleges, one colleges.






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School of mines.

Military institutes.




Appropriation hundred and fifty thousand acres; and the national

appropriation heretofore annually paid for the agricultural and mechanical college to said Territory shall, until further order of Congress, continue to be paid to said State for the use of said institution; for school of

mines, one hundred and fifty thousand acres; for military County bonds. institutes, one hundred thousand acres; and for the pay

ment of the bonds and accrued interest thereon issued by Maricopa, Pima, Yavapai, and Coconino counties, Arizona, which said bonds were validated, approved, and confirmed by the act of Congress of June sixth, eighteen hundred and ninety-six (Twenty-ninth Statutes,

page two hundred and sixty-two), one million acres: Balance to conl- Provided, That if there shall remain any of the one mil

lion acres of land so granted, or of the proceeds of the sale or lease thereof, or rents, issues, or other profits therefrom, after the payment of said debts, such remainder of lands and the proceeds of sales thereof shall be added to and become a part of the permanent school fund of said State, the income therefrom only to be used

for the maintenance of the common schools of said State. Control of

SEC. 26. That the schools, colleges, and universities

provided for in this act shall forever remain under the Sectarian pro- exclusive control of the said State, and no part of the

proceeds arising from the sale or disposal of any lands granted herein for educational purposes shall be used for the support of any sectarian or denominational school, college, or university.

SEC. 27. That five per centum of the proceeds of sales of public lands lying within said State which shall be sold by the United States subsequent to the admission of said State into the Union, after deducting all the expenses incident to such sales, shall be paid to the said State to be used as a permanent inviolable fund, the interest of which only shall be expended for the support of the common schools within said State.

SEC. 28. That it is hereby declared that all lands hereby granted, including those which, having been heretofore granted to the said Territory, are hereby expressly tranferred and confirmed to the said State, shall be by the said State held in trust, to be disposed of in whole or in part only in manner as herein provided and for the several objects specified in the respective granting and confirmatory provisions, and that the natural products and money proceeds of any of said lands shall be subject

to the same trusts as the lands producing the same. Disposal for Disposition of any of said lands, or of any money or breach of trust. thing of value directly or indirectly derived therefrom,

for any object other than for which such particular lands, or the lands from which such money or thing of value shall have been derived, were granted or confirmed, or in any manner contrary to the provisions of this act, shall be deemed a breach of trust.

Use of 5 per cent fund for common schools.

Lands and proceeds to be held in trust.

other purposes a

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