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Revised Statutes, section 441.—The Secretary of the Interior is

charged with supervision of the public lands.


Duties of Sec

Sec. 441. The Secretary of the Interior is charged with retary.

Mar. 3. 1849, the supervision of public business relating to the follow9 8. 896.

ing subjects:

First. The census; when directed by law.
Second. The public lands, including mines.
Third. The Indians.
Fourth. Pensions and bounty lands.
Fifth Patents for inventions.
Sixth. The custody and distribution of publications.
Seventh. Education.
Eighth. Government Hospital for the Insane.

Ninth. Columbia Asylum for the Deaf and Dumb. 532




Revised Statutes.-Sections 2306–2307-Persons who have had at least

90 days' military service during the War of the Rebellion, and who prior to June 22, 1874, made homestead entry for less than 160 acres,

may make additional entry---Act of March 3, 1893-May perfect title by payment when certificate of

the Commissioner of the General Land Office is found erroneous. Act of August 18, 1894–Soldier's additional certificates declared to be





June 8, 1872,

Widow and

SEC. 2306. Every person entitled, under the provisions ha persons who of section twenty-three hundred and four to enter a than 160 acres, homestead who may have heretofore entered, under the rightsets homestead laws, a quantity of land less than one hundred 17 S. 888 and sixty acres, shall be permitted to enter so much land as, when added to the quantity previously entered, shall not exceed one hundred and sixty acres.

Sec. 2307. In case of the death of any person who would be entitled to a homestead under the provisions of personschildren of section two thousand three hundred and four, his widow, to homestead, etc. if unmarried, or in case of her death or marriage, then his minor orphan children, by a guardian duly appointed and officially accredited at the Department of the Interior, shall be entitled to all the benefits enumerated in this chapter, subject to all the provisions as to settlement and improvement therein contained; but if such person died during his term of enlistment, the whole term of his enlistment shall be deducted from the time heretofore required to perfect the title. ACTS OF CONGRESS PASSED SUBSEQUENT TO THE


Extract from the sundry civil appropriation Act, approved March 3,

1893 (27 Stat. 572-593). And provided further, That where soldier's additional ,, Perfecting ti. homestead entries have been made or initiated upon cer- diers' additional tificate of the Commissioner of the General Land Office homesteads. of the right to make such entry, and there is no adverse claimant, and such certificate is found erroneous or invalid for any cause, the purchaser thereunder, on making proof of such purchase, may perfect his title by payment

1 For sec. 2304, see page 80.
* June 22, 1874, date of approval of the United States Revised Statutes.


of the Government price for the land; but no person shall be permitted to acquire more than one hundred and sixty acres of public land through the location of any such certificate.



Extract from the sundry civil appropriation Act, approved August 18,

1894 (28 Stat. 372–397). That all soldiers' additional homestead certificates tificates sold declared valid.

heretofore issued under the rules and regulations of the General Land Office under section twenty-three hundred and six of the Revised Statutes of the United States, or in pursuance of the decisions or instructions of the Secretary of the Interior, of date March tenth, eighteen hundred and seventy-seven, or any subsequent decisions or instructions of the Secretary of the Interior or the Commissioner of the General Land Office, shall be, and are hereby, declared to be valid, notwithstanding any attempted sale or transfer thereof; and where such certificates have been or may hereafter be sold or transferred, such sale or transfe.. shall not be regarded as invalidating the right, but the same shall be good and valid in the hands of bona fide purchasers for value; and all entries heretofore or hereafter made with such certificates by such purchasers shall be approved, and patent shall issue in the name of the assignees.


Page. See “Swamp lands”.

593 Revised Statutes.-Section 1946–School lands in certain Territories... 536 Sections 2378-2379_Grant to new States—Selection and location of lands_ 536 Section 2449-Fee-simple title to pass..

537 Act of March 2, 1895—State selections on ceded Indian reservations

537 ARIZONA.—Act of June 20, 1910—Sections 16, 36, 2, and 32 for common

schools Lieu selections Internal improvements-Trust fund-Mort-
gages prohibited-Sales and leases—Commission to select--

CALIFORNIA.—Revised Statutes, sections 2485–2487—Certain selec-
tions confirmed-Surveyed lands—Surveyed only by State ---

543 Act of March 3, 1853—Public lands in California, except school and mineral lands, to be subject to preemption---

544 Act of July 23, 1866-Lieu selections Surveyor general to furnish State lists as basis for selections.

544 Act of March 1, 1877—Certain selections confirmed—Mexican grants—Innocent purchasers protected—Settlers-Mineral landsc

545 COLORADO.—Act of March 3, 1875—School lands—School fund_Mineral lands

546 Act of April 2, 1884—Selections in lieu of mineral lands_

546 IDAHO.-Act of July 3, 1890—School lands—Sale-Leases-Selections in lieu of mineral lands.--

547 Act of February 27, 1913—Selections on oil and phosphate lands_


INGTON.-Act of February 22, 1889—School lands—Reservations ex-
cepted-SaleLeases Selections in lieu of mineral lands..

519 Act of December 18, 1902–Certain selections in Washington confirmed.- 551 Act of August 11, 1921-Section 11 of the act of February 22, 1889, amended

550 Act of February 14, 1923-Cut-over lands may be exchanged for other lands of equal value--

551 NEVADA.—Act of March 21, 1864-School lands.

552 Act of July 4, 1866—Mineral lands reserved from sale--

552 Act of June 16, 1880—2,000,000 acres granted in lieu of sections 16 and 36. 552 NEW MEXICO.-Act of June 21, 1898—School lands-Reservations ex

cepted-Partial grant only--Commission to select-Lease-Sale ---- 553 Act of June 25, 1906-Section 10 of the act of June 21, 1898, amended. --- 555 Act of March 16, 1908-Sections 2275-2276, Revised Statutes, providing for selections, made applicable to New Mexico ----

556 Act of June 20, 1910—Sections 16, 36, 2, and 32 for common schools

Lieu selections—Internal improvements—Trust fund-Mortgages pro-
hibited-Sales-Leases—Commission to select---

557 OREGON.-Act of February 14, 1859—School lands—Lieu selections - 562 Act of June 18, 1874-Wagon roads.

562 UTAH.-Act of July 16, 1894—School lands—Reservations excepted ---- 563 Act of May 3, 1902—Sections 2275-2276, Revised Statutes, providing for selections made applicable Sections 2 and 32 added

564 WYOMING.-Act of July 10, 1890—School lands—Sale-Mineral lands excepted—Lieu selections_--

564 STATE SELECTIONS.—Revised Statutes, sections 2275-2276—Settle

ments before survey on sections 16 and 36—Lieu lands—Deficiencies
in school sections and fractional townships.--

566 Act of March 3, 1893—Preference right to certain States_

568 Act of August 18, 1894—Survey of lands and preference right to certain States.

568 Act of March 2, 1895—Selections of school lands on Indian reservations opened --

571 Act of April 29, 1898—Settlement between the United States and Arkansas.

571 Act of April 30, 1912--Surface of coal lands to State ---

571 Act of February 16, 1921–Survey of lands and preference right to Florida--


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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, section 17 of the act of February 22, 1889 (25 Stat. 676); Idaho, section 11 of the act of July 3, 1890 (26 Stat. 214) ; Wyoming, section 11 of the act of July 10, 1890 (26 Stat. 222); Utah, section 12 of the act of July 16, 1894 (28 Stat. 107); Arizona and New Mexico, sections 7 and 25, respectively, of the act of June 20, 1910 (36 Stat. 557); Kansas, Nebraska, and Nevada, Revised Statutes, section 2479.


School lands in SEC. 1946. Sections numbered sixteen and thirty-six, certain Terri. tories.

in each township of the Territories of New Mexico, Utah, 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.

Grant to new SEC. 2378. There is granted, for purpose of internal States.

Sept. 4, 1841, improvement, to each new State hereafter admitted into 5 S. 455. the Union, upon such admission, so much public land as,

including the quantity that was granted to such State before its admission and while under a territorial gov

ernment, will make five hundred thousand acres. Selections and SEC. 2379. The selections of lands, granted in the pregranted in last ceding section, shall be made within the limits of each section. State so admitted into the Union, in such manner as the Ibid.

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

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