general of the Public Health and Marine-Hospital Service is not restricted by law to the list of commissioned officers in the Medical Corps of that service. 29: 287. OFFICERS. See FEDERAL EMPLOYEES COMPENSATION ACT, 14. PUBLIC LANDS I. Sale, exchange, and lease, 1–5. IV. Certification, patents, 20-28. VI. Rights of way, 32. required for the irrigation project, which land constituted part of the area previously withdrawn for the Rainier National Forest, is in the Department of Agriculture, and the rentals should be covered into the Treasury as miscellaneous receipts. But in recognition of the needs of the reclamation service, and to forestall any contracts detrimental to the reclamation project, all leases should be subject to the prior approval of the Secretary of the Interior. 31:56. 4. Sitka, Alaska.-Sale of land underlying Government wharf and warehouse. The Secretary of the Treasury is authorized to dispose of the land above high-water mark under VII. Lands withdrawn from entry, lying the Government wharf and ware 33-35. I. Sale, exchange and lease 1. Exchange.-Title to lands within Fort D. A. Russell Target and Maneuver Reservation.-Where lands within the Fort D. A. Russell Target and Maneuver Reservation were offered in exchange for other public lands outside. the reservation, under the exchange provisions of the act of June 4, 1897 (30 Stat. 36), but the lieu selections were disapproved and cancelled by the Land Department, the full equitable title, at least, to the lands tendered in exchange, remains in the selector, and the Government has no right whatever to the possession or use of the lands tendered in exchange. 31: 60. 2. Same. The title to base lands offered in exchange under the said act of June 4, 1897, does not pass to the Government upon the filing in the local land office of a recorded deed purporting to convey them to the United States, notwithstanding that the lieu selections are disapproved and cancelled by the Land Department. 31: 60. 3. Leasing public lands withdrawn for irrigation purposes.—The authority to lease for summer recreation purposes land around Bumping Lake withdrawn for irrigation uses but not house at Sitka, Alaska. 31: 544. 5. Same. The wharf may be conveyed with the right to maintain it as located subject to the laws enacted in the interests of commerce, navigation, and fishery with respect to the land lying below high-water mark. 31: 544. II. Title to land under water 6. Disposition of reclaimed land formerly covered by Mud Lake, Minn.— Lands in Minnesota ceded to the United States by the Chippewa Indians which were formerly covered by Mud Lake but are now reclaimed by drainage should be surveyed and disposed of for the benefit of the Indians like any other lands included in the cession which have been reclaimed pursuant to the act of May 20, 1908 (35 Stat. 169), and the drainage laws of the State. 29: 455. 7. Same. Any patents that may issue for the shore lots should be by appropriate description confined expressly to the land above the meander line. 29: 455. 8. Same.-Public lands beneath the waters of a navigable lake become subject to the disposition of the State wherein they lie upon and by virtue of her admission to the Union; but the question of navigability is a Federal question ultimately determinable by the Supreme Court of the United States, applying the Federal Constitution. 29: 455. 9. Same. The test of navigability | is actual or potential utility for the purposes of commerce-Mud Lake considered and held nonnavigable. 29: 455. 10. Same.-Public lands beneath the waters of a nonnavigable lake do not pass to the State by virtue of her admission, but are subject to be disposed of by the United States apart from the surrounding uplands. 29: 455. III. Grants in aid of railroads, indemnity and lieu lands 11. Indemnity school lands.-In the certification of land to a State or Territory, the title to coal land embraced in the certified list, and known to be such at the time of selection, remains in the United States, subject to the control and disposition of the Land Department. 30: 485. 12. Same. The jurisdiction of the Department of the Interior over excepted mineral land can be exercised after the lapse of the limitation period prescribed in the act of March 3, 1891 (26 Stat. 1099). 30: 485. 13. Lieu lands.-The application of the State of Idaho for survey under the act of August 18, 1894 (28 Stat. 394), but before the filing of any list of lieu selections, was not a "filing" within the meaning of that clause of the President's proclamation (34 Stat. 3058) which purports, on certain conditions, to except from its operation "All lands which may have been, prior to the date hereof, * * covered by any lawful filing duly of record in the proper United States Land Office." The lands in question remain "public lands" within the meaning of the act of March 3, 1891 (26 Stat. 1103), empowering the President to set apart "public lands" as forest reservations. 28:587. in 15. Railroad grants.-Mineral demnity selections.-Under the act of July 27, 1866 (14 Stat. 292), granting lands to the Atlantic & Pacific Railroad Co. and to the Southern Pacific Railroad Co., the grantees are entitled to 20 odd-numbered sections of land per mile on each side of the line, or 40 sections per mile in all, through Territories, and 10 odd-numbered sections per mile on each side of the line, or 20 sections per mile in all, through States, extending laterally from the line of road. 29: 124. 16. Same. The railroad companies by the third proviso to section 3 of the act of July 27, 1866 (14 Stat. 295), must obtain their mineral indemnity lands from the odd-numbered sections within 20 miles from the line of road which were entered by individuals prior to the time when the rights of the companies attached, but which have since been canceled or abandoned. 29: 124. 17. Same. In selecting indemnity lands for the loss of mineral lands the Northern Pacific Railway Co. is not limited to the State in which the loss occurred. 29: 498. 18. Same. The company may select as indemnity lands within the primary limits, which at the time the grant attached were "reserved, sold, granted, or otherwise appropriated," but which have since been relieved of that impediment and at the time of the selection are unoccupied or unappropriated public lands. 29: 498. 19. Same. The indemnity selection for lost mineral lands may be made within 50 miles of the line of the road. 29: 498. IV. Certification; Patents 20. Coal lands, Alaska.-The benefits of the act of May 28, 1908 (35 Stat. 424), authorizing the consolidation of claims or locations of coal lands in Alaska, can be shared only by persons who made such locations in good 14. Same.-Opinion of September | faith—that is, honestly and lawfully— 15, 1907 (27 Op. 605), affirmed and prior to November 16, 1906, in their extended. 28:587. interests individually, without own fraud, collusion, or deceit, or any purpose to violate any provision of the law. 27: 412. 21. Same. If certain agreements or arrangements named, for transferring entries to a company or corporation, were entered into by locators of coal lands in Alaska after they had made their locations in good faith and in their own interest alone, such locations may, under the provisions of the act of May 28, 1906 (35 Stat. 424), lawfully pass to entry and patent in accordance with the terms of said act; but if these agreements or arrangements were entered into prior to such locations being made, the locations do not come within the provisions of the act and can not be lawfully passed to entry and patent. 27: 412. 22. Same. The payment required by section 2 of the act of April 28, 1904 (33 Stat. 525), to be made by locators of Alaska coal lands, as a condition precedent to patent therefor, need not be made, in cases where protest is filed, until the termination of the protest. 28: 448. 23. Fort Sabine Military Reservation. The limitation provisions of the acts of March 3, 1891, section 8 (26 Stat. 1099), and March 2, 1896, section 1 (29 Stat. 42), respecting suits to annul patents, relate to patents only; they do not apply to a conveyance effected by an approval and certification by the Land Department of a list of State selections. 30:572. 24. Same. While section 2449, Revised Statutes, does not govern the case of a grant which provides for vesting title through approval by the Secretary of the Interior, such as the Louisiana swamp land grant of March 3, 1849 (9 Stat. 352), quaere whether under the practice of his department, his approval is not to be taken as tentative merely, and subject to revocation until the approval list has been certified under that section. 30: 572. 25. Same. The land belonging to Fort Sabine Military Reservation was impliedly excepted from the grant of swamp lands made to the State of Louisiana by the act of 1849, supra; and an approval and certification of it, though occurring after the reservation was abandoned and had become subject to cash sale under the act of February 24, 1871 (16 Stat. 430), was void on its face and passed no title. 30: 572. 26. Same. The act of March 2, 1896, supra, extending the time for annulling land patents, including section 3 thereof relating to the investigation of claims of bona fide purchasers, applies only to railroads and wagon grants, and has no application to swamp land or other grants. 30:572. 27. Lands under water.-Lands in Minnesota ceded to the United States by the Chippewa Indians, which were formerly covered by Mud Lake but are now reclaimed by drainage should be surveyed and disposed of for the benefit of the Indians like any other lands included in the session which have been reclaimed pursuant to the act of May 20, 1908 (35 Stat. 169), and the drainage laws of the State. 29: 455. 28. Same.-Public lands beneath the waters of a nonnavigable lake do not pass to the State by virtue of her admission, but are subject to be disposed of by the United States apart from the surrounding upland. 29: 455. V. Mineral Lands 29. Potassium on public lands in national forests.-The act of October 2, 1917 (40 Stat. 297), authorizing exploration for and disposition of potassium, applies to public lands reserved as national forests. 31: 433. 30. School indemnity lands.—Where there is a certification of land to a State or Territory under section 2449 of the Revised Statutes, and where no authority is otherwise given to pass title by approval of the Secretary of the Interior, the title to coal land embraced in the certified list, and known to be such at the time of selection, remains in the United States, subject to the control and disposition of the Land Department. 30: 485. 31. Same. The jurisdiction of the Department of the Interior over ex VII. Lands withdrawn from entry 33. Forest reserves.-Withdrawals of public lands may be made in aid of pending legislation looking to the inclusion of such lands within existing national forests in those States in which there is a prohibition against the creation of national forests or making additions to existing national forests, except by act of Congress. 31: 53. 34. Same.-Lands temporarily withdrawn from entry for further examination with a view to their inclusion in a definite forest reservation constitute "temporary forest reserves" within the meaning of section 1 of the act of June 11, 1906 (34 Stat. 233). 28: 424. 35. Same. The principle announced in the opinion of Acting Attorney General Fowler (28 Op. 424), that lands withdrawn from entry with a view to their inclusion in a great national forest constitute a "temporary forest reserve" within the meaning of the act of June 11, 1906 (34 Stat. 233), concurred in. 28:522. EXCHANGE PROVISIONS. See TITLES LANDS UNDER WATER. See NAVIGA- was 1. Apparatus.-Steam Vessels.-Article XI of the Service Regulations annexed to the international radiotelegraphic convention, which ratified by the United States Senate on January 22, 1913, does not effect a modification of the terms of section 1 of the amendatory act of July 23, 1912 (37 Stat. 199), relating to the requirement of apparatus for radio communication on steam vessels. 30: 84. 2. Censorship of radio stations.The President has authority to maintain a Government censorship in radio stations, and may, through the Secretary of the Navy or any other appropriate department, close down, or take charge of and operate, such plants, should he deem it necessary in securing obedience to his proclamation of neutrality of August 5, 1914. 30: 291. 3. Licenses.-The Secretary of Commerce and Labor has no authority under the act of August 13, 1912 (37 Stat. 302), to refuse to grant a license to a domestic corporation to operate apparatus for trans-Atlantic radio communication on the ground that the stock of the corporation is owned or controlled by foreigners. 29: 579. 4. Same. A corporation organized under the laws of the State of New York whose stock is owned by German interests can not be denied such a license until, by reciprocal arrangement with Germany, American capital is guaranteed the right of investing in and controlling corporations organized under German laws to operate coast stations in Germany for trans-Atlantic radio communication. 29: 579. 5. Same. Right of War Department to use certain radio inventions.-A contract of license under certain radio patents having been entered into between the National Radio Telegraph Co. and the Secretary of the Navy, the War Department may avail itself of the benefits of such license. 32:408. 6. Same. The license in question runs for the full unexpired terms of the patents under which the license is granted. 32: 408. 7. Same.-Apparatus for Government use. The Vreeland Apparatus Co., by its agreement dated July 1, 1916, with the Atlantic Communication Co., conveyed to the latter company such right, title, or interest in the radio apparatus covered by the patents to which the agreement relates as precludes it from delivering to the Government a license to make, use, and sell, or to have made for its use, said apparatus. 31: 530. RAILROAD ADMINISTRATION EMPLOYEES. See CIVIL SERVICE, III, d, 76. SUFFICIENCY OF PRESENTMENT OF CLAIMS. See CLAIMS, 6. |