The necessities of the pioneers caused Congress to reserve and retain for disposition all salt springs and one section of land around each spring for the use and benefit of all the people in order that salt might be as free as air and water, and this policy has been steadfastly maintained. New Mexico, In re, 35 L. D. 1, p. 6. The phrase "all salt springs within the said Territory and the lands reserved for the use of the same" has had a fixed and definite legislative meaning since the passage of this act. Alabama, In re, 21 L. D. 320, p. 321. The salt springs within the tract granted to Colorado were expressly reserved for the future disposal of the United States. Colorado, In re, 10 L. D. 222, p. 223. D. MINERAL LOCATIONS ON AGRICULTURAL LANDS-EFFECT. Where a legal mineral location has been made on land returned as agricultural the slight presumption in favor of the return of the surveyor general is ipso facto overcome, and the burden of proof shifts to the party attacking the mineral location. Northern Pac. R. Co. v. Marshall, 17 L. D. 545, p. 546. See McQuiddy v. California, 29 L. D. 181. 1 STAT. 490, JUNE 1, 1796. SURVEYS AND RESERVATIONS. AN ACT Regulating the grants of land appropriated for military services, and for the Society of the United Brethren, etc. Be it enacted, etc., That the surveyor general be, and he is hereby required, to cause to be surveyed, the tract of land beginning * * * and that the lands above described, except the salt springs therein, and the same quantities of land adjacent thereto, as are directed to be reserved with the salt springs, in the said recited act, and such tracts within the boundaries of the same, as have been heretofore appropriated by Congress, be, and they are hereby, set apart and reserved for the purposes.hereinafter mentioned. 2 STAT. 73, MAY 10, 1800. RESERVED FROM SALE OF PUBLIC LANDS. AN ACT To amend the act intituled "An act providing for the sale of the lands of the United States, in the territory northwest of the Ohio, and above the mouth of the Kentucky River. (1 Stat. 464). Be it enacted, etc., That for the disposal of the lands of the United States, directed to be sold by the act intituled, "An act providing for the sale of the lands of the United States, in the territory northwest of the Ohio, and above the mouth of the Kentucky River," there shall be four land offices established in the said territory: * * * SEC. 4. And be it further enacted, That the lands thus subdivided (excluding the sections reserved by the above-mentioned act) shall be offered for sale in sections and half sections, subdivided as before directed at the following places and times, that is to say: * * * SEC. 15. And be it further enacted, That the lands of the United States reserved for future disposition, may be let upon leases by the surveyor general, in sections or half sections, for terms not exceeding seven years, on condition of making such improvements as he shall deem reasonable. * * * A. SALT SPRINGS AND SALINES. 1. RESERVATIONS CONTINUED. 2. LEASING PROVISIONS INCLUDE LEAD MINES AND SALT SPRINGS. 1. RESERVATIONS CONTINUED. This act continues the reservation provided for by the act of May 18, 1796 (1 Stat. 464), and authorizes sales to be made of the public lands by the register and receiver, excluding the sections reserved by the former act. Hall v. Litchfield, 2 C. L. O. 179. This section (4) excludes from sale the lands reserved by the act of 1796. This act recognizes the reservation from sale of salt springs. Lease of Mineral Lands, In re, 4 Op. Atty. Genl. 480, p. 488. 2. LEASING PROVISIONS INCLUDE LEAD MINES AND SALT SPRINGS. The provision reserving for future disposition and leasing in this section (15) includes lead mines or salt springs. Lease of Mineral Lands, In re, 4 Op. Atty. Gen. 480, p. 484. 2 STAT. 235, MARCH 3, 1803. WORKING SALT SPRINGS-WABASH RIVER. AN ACT Concerning the salt springs on the Wabash River. Be it enacted, etc., That for the purpose of procuring articles necessary to the establishment of salt works at the springs near the Wabash River, which have been ceded to the United States, by certain Indian tribes, the sum of $3,000 be, and the same is hereby appropriated, to be paid out of any unappropriated money in the Treasury and under the direction of the President of the United States, who is hereby authorized to cause the said springs to be worked at the expense of the United States; or, if he shall deem it more proper, to lease the same for a term not exceeding three years, on such conditions as will insure the working the same most extensively, and to the most advantage to the United States. 2 STAT. 445, MARCH 3, 1807. WORKING SALT SPRINGS AND LEAD MINES PROHIBITED-LEASE FOR WORKING. AN ACT To prevent settlements being made on lands ceded to the United States. Be it enacted, etc., That if any person or persons shall, after the passing of this act, take possession of, or make a settlement on any lands ceded or secured to the United States, by any treaty made with a foreign nation, or by a cession from any State to the United States, which land shall not have been previously sold, ceded, or leased by the United States, or the claim to which lands, by such person or persons, shall not have been previously recognized and confirmed by the United States * * such offender or offenders, shall for feit all his or their right, title, and claim, if any he hath, or they have, of whatsoever nature or kind the same shall or may be to the lands aforesaid. * * * * * SEC. 2. And be it further enacted, etc., That any person or persons who, before the passing of this act, had taken possession of, occupied, or made a settlement on any lands ceded or secured to the United States, * * * may at any time prior to the 1st day of January next, apply to the proper register or recorder * stating the tract or tracts of land thus occupied, settled, and inhabited by such applicant or applicants, and requesting permission to continue thereon * * * and provided also that in all cases where the tract of land applied for, includes either a lead mine or salt spring, no permission to work the same shall be granted without the approbation of the President of the United States, who is hereby authorized to cause such mines or springs to be leased for a term not exceeding three years, and on such conditions as he shall think proper. See 2 Stat. 448, p. 1243. A. LEASING LEAD MINES TERM. The only difference between this chapter and chapter 49 is that under the former leases for lead mines are limited to three years and under the latter to five years. Lead Mines, In re, 2 Op. Atty. Genl. 708. This section, taken in connection with all the provisions of the laws in relation to mines and salines from the ordinance of 1785 and the act of 1796, clearly vests in the President a general authority to lease lead mines. Lease of Lead Mines, In re, 4 Op. Atty. Genl. 93. 3 STAT. 211, FEBRUARY 17, 1815. LEAD MINES AND SALT SPRINGS EXCEPTED FROM LIEU LANDS. AN ACT For the relief of the inhabitants of the county of New Madrid, Missouri, who suffered by earthquakes. Be it enacted, etc., That any person or persons owning lands in the county of New Madrid, in the Missouri Territory, with the extent the said county had on the 10th day of November, 1812, and whose lands have been materially injured by earthquakes, shall be, and they hereby are, authorized to locate the like quantity of land on any of the public lands of the said Territory, the sale of which is authorized by law: Provided, That no person shall be permitted to locate a greater quantity of land under this act, than the quantity confirmed to him, except the owners of lots of ground or tracts of land of less quantity than 160 acres, who are hereby authorized to locate and obtain any quantity of land not exceeding 160 acres, nor shall any person be entitled to locate more than 640 acres, nor shall any such location include any lead mine or salt spring. * * * A. NEW MADRID CERTIFICATE-RIGHTS OF HOLDER. On proper showing the recorder of New Madrid County issued a certificate to a person whose land was materially injured or destroyed by the earthquakes, and the holder of any such certificate, called New Madrid certificate, was authorized to use such certificate for the location of a tract of land equal in size or not exceeding 160 acres on any public land subject to sale, lands containing salines and lead mines excepted; and at the same time the title to the land so injured or destroyed reverted to the United States. Stoddard v. Chambers, 43 U. S. (2 How.) 284, p. 317. Barry v. Gamble, 44 U. S. 32, p. 53. Mackay v. Easton, 86 U. S. (19 Wall.) 619, p. 633. See Morton v. Nebraska, 88 U. S. (21 Wall.) 660, p. 668. 3 STAT. 256, MARCH 5, 1816. BOUNTIES TO CANADIAN VOLUNTEERS. AN ACT Granting bounties in land and extra pay to certain Canadian volunteers. * Be it enacted, etc., That all such persons as had been citizens of the United States anterior to the late war, and were at its commencement inhabitants of the Province of Canada, and who, during the said war, joined the armies of the United States as volunteers, and were slain, died in service, or continued therein till honourably discharged, shall be entitled to the following quantities of land, respectively. * * And it shall be lawful for the said persons to locate their claims in quarter sections, upon any of the unappropriated lands of the United States, within the Indiana Territory, which shall have been surveyed prior to such location, with the exception of salt springs, and lead mines therein, and of the quantities of land adjacent thereto, which may be reserved for the use of the same, by the President of the United States. * * * A. SALT SPRINGS AND LEAD MINES EXEMPTED. The bounty lands granted by this act exempts from location salt springs and lead mines and the quantities of land adjacent thereto which may be reserved by the President. Lease of Mineral Lands, In re, 4 Op. Atty. Genl. 480, p. 488. 3 STAT. 296, APRIL 24, 1816. LEASE OF SALINES ON WABASH RIVER. AN ACT Authorizing the President to lease the saline near the Wabash River. Be it enacted, etc., That the President of the United States be, and he is hereby, authorized to lease the United States saline near the Wabash River for a term not exceeding 7 years from and after the end of the present term, on such conditions as will insure the working the same most extensively and most advantageously to the United States. 4 STAT. 451, MARCH 2, 1831. SALT SPRINGS RESERVED-ILLINOIS. AN ACT For the sale of the lands in Illinois reserved for the use of the salt springs on the Vermilion River. Be it enacted, etc., That the State of Illinois shall be, and is hereby, authorized and empowered to cause to be sold and conveyed, in such manner and on such terms and conditions as the legislature of said State has or may direct, the whole or any part of the lands reserved and set apart by the President of the United States, on the 29th day of March, 1825, for the use of the salt works on the Vermilion River, in said State, and to apply the proceeds of such sale to such objects as the legislature of said State has or may direct. 4 STAT. 505, APRIL 20, 1832. LEASE OF SALT SPRINGS-ARKANSAS. AN ACT Authorizing the governor of the Territory of Arkansas to lease salt springs. Be it enacted, etc., That the salt springs lying on the Washita River, on Little River, and on Saline Creek, in said Territory of Arkansas, together with as many contiguous sections to each of said springs as shall be equal to one township, and every other salt spring which may be discovered in said Territory, with the section of one mile square which includes it, shall be reserved for the future disposal of the United States, and shall not be liable to be entered, located, or appropriated for any other purpose whatever. SEC. 2. And be it further enacted, That the governor of said Territory shall be, and is hereby, authorized to let out or lease said springs, for a term not exceeding five years; and the rents and profits arising from said springs shall be applied, by the legislature of said Territory, to the opening and improving such roads in said Territory, as said legislature may direct, and to no other purpose whatsoever. SEC. 3. And be it further enacted, That the hot springs in said Territory, together with four sections of land including said springs, as near the center thereof as may be, shall be reserved for the future disposal of the United States, and shall not be entered, located, or appropriated, for any other purpose whatever. A. SALT SPRINGS IN ARKANSAS LEASING. By this act the governor of the Territory of Arkansas is authorized to lease the salt springs in that Territory. Lease of Mineral Lands, In re, 4 Op. Atty. Genl. 480, p. 488. 5 STAT. 453, SEPTEMBER 4, 1841. SALINES AND MINES EXCEPTED FROM PREEMPTION RIGHTS. AN ACT To appropriate the proceeds of the sales of the public lands, and to grant preemption rights. * (p. 455). Be it enacted, etc. * SEC. 10. And be it further enacted, * * *. No lands included in any reservation, by any treaty, law, or proclamation of the President of the United States, or reserved for salines, or for other purposes; no lands reserved for the support of schools, nor the lands acquired by either of the two last treaties with the Miami Tribe of Indians in the State of Indiana, or which may be acquired of the Wyandot Tribe of Indians in the State of Ohio, or other Indian reservation to which the title has been or may be extinguished by the United States at any time during the operation of this act; no sections of land reserved to the United States alternate to other sections granted to any of the States for the construction of any canal, railroad, or other public improve |