SEC. 7. And be it further enacted, That sections Nos. 16 and 36, in every township, and where such sections have been sold or otherwise disposed of by any act of Congress, other lands equivalent thereto in legal subdivisions of not less than one quarter section, and as contiguous as may be, shall be, and are hereby, granted to said State for the support of common schools. A. GRANT TO NEVADA. 1. CONSTRUCTION-RESERVATIONS. 2. MINERAL LANDS RESERVED. 3. SALINES NOT GRANTED. 4. SCHOOL GRANTS-INDEMNITY LANDS. 1. CONSTRUCTION-RESERVATIONS. At the date of the admission of Navada as a State Congress and the entire country knew that the State was possessed of great mineral wealth, and that lands containing it should be disposed of differently from those fit only for agriculture. But until the State surveys and reserves sections 16 and 36 Congress reserved the right either to reserve or otherwise dispose of such section or the mineral lands therein. Heydenfeldt v. Daney Gold, etc., Min. Co., 93 U. S. 634, p. 640. By this and similar grants to other States Congress did not intend to depart from its uniform policy in reserving its mineral lands in the grants of sections 13 and 36 for school purposes. Garrard v. Silver Peak Mines, 82 Fed. 578, p. 588. See Mining Co. v. Consolidated Min. Co., 102 U. S. 167, p. 174. 2. MINERAL LANDS RESERVED. While there was no express exception of mineral lands in the grant of school lands to Nevada, yet the mineral lands in sections 16 and 36 are not included in this grant because of the settled policy of the Government to withhold mineral lands unless expressly granted. Keystone Lode & Mill Site v. Nevada, 15 L. D. 259. The grant of the sixteenth and thirty-sixth sections of public lands to Nevada for school purposes did not convey mineral lands. Keystone Lode & Mill Site v. Nevada, 15 L. D. 259, p. 260. See Mining Co. v. Consolidated Min. Co., 102 U. S. 167. Florida Central & Peninsular R. Co., In re, 26 L. D. 600, p. 603. Mineral lands are excepted from this grant by virtue of the joint resolution of January 30, 1865 (13 Stat. 567). Nevada, In re, Copp's Min. Lands 76. 3. SALINES NOT GRANTED. Saline lands are mineral and were not included in the grant by the United States to the State of Nevada. Garrard v. Silver Peak Mines, 82 Fed. 578, p. 587. Hall v. Litchfield, Copp's Min. Lands 333. Eagle Salt Works, In re, 5 C. L. O. 4. Kansas City Min., etc., Co. v. Clay, 3 Ariz. 326. See Garrard v. Silver Peak Mines, 94 Fed. 983, p. 987. 4. SCHOOL GRANTS INDEMNITY LANDS. This act grants to Nevada sections 16 and 36 for school purposes, but expressly excepts such sections when found to be mineral and permits the State to select other lands as indemnity. Nevada, In re, Copp's Min. Dec. 30, p. 31. See 1 C. L. O. 5. Under this statute sections 16 and 36 were reserved to the State of Nevada, but this did not render void the claim or right of a qualified person, whose settlement on mineral lands which embrace a part of either of said sections was prior to the United States survey, and who afterwards received a patent for such lands, and the title of such person to such land was superior to that of the holder of an older patent from the State of Nevada. Heydenfeldt v. Daney Gold, etc., Min. Co., 93 U. S. 634, p. 640. 13 STAT. 47, APRIL 19, 1864. SALINES AND SALT SPRINGS GRANTED TO NEBRASKA. AN ACT To enable the people of Nebraska to form a constitution, etc. Be it enacted, etc. * * * SEC. 11. And be it further enacted, That all salt springs within said State, not exceeding 12 in number, with six sections of land adjoining, or as contiguous as may be to each, shall be granted to said State for its use, the said land to be selected by the governor thereof, within one year after the admission of the State, and when so selected to be used or disposed of on such terms, conditions, and regulations as the legislature shall direct: Provided, That no salt spring or lands, the right whereof is not vested in any individual or individuals, or which hereafter shall be confirmed or adjudged to any individual or individuals, shall, by this act, be granted to said State. * * * * A. NEBRASKA ENABLING ACT. 1. CONSTRUCTION AND PURPOSE AS TO SALINES. 2. SALINES AND SALT SPRINGS INCLUDED. 3. VESTED RIGHTS IN SALT SPRINGS-EFFECT. 1. CONSTRUCTION AND PURPOSE AS TO SALINES. This statute intends to reserve salines, and the purpose of reserving them was to preserve them for the use of the future States. But no State has been organized without a grant of a certain number of salt springs. In the earlier grants all the salt springs within the boundaries of the State were given, but since the admission of Missouri the number has been limited to 12, and this number, with a certain quantity of contiguous land, were granted to Nebraska on her admission. Congress in this act assumed that the springs had been reserved from sale. Morton v. Nebraska, 88 U. S. 660, p. 672. By the enactment of these statutes Congress did not intend to permit the sale of salines in Territories soon to be organized into States, and thereby subvert a longestablished policy. These statutes amount to legislative construction showing that these salines had been reserved. Morton v. Nebraska, 88 U. S. 660, p. 671. See Garrard v. Silver Peak Mines, 82 Fed. 578, p. 588. This act affords further evidence that Congress by the act of July 22, 1854 (10 Stat. 308), intended to reserve saline. Morton v. Nebraska, 88 U. S. (21 Wall.) 660, p. 671. 2. SALINES AND SALT SPRINGS INCLUDED. This act granted to Nebraska all the salt springs and the lands reserved for the use of the same. Hall v. Litchfield, 2 C. L. O. 179. Where saline lands granted under this act have been selected, the grant is satisfied and then the act of January 12, 1877 (19 Stat. 221), applies. Horton, In re, 9 C. L. O. 121, p. 122. While the words of the proviso to the saline grant to Nebraska are not the same as those used in the Missouri grant, yet they mean the same thing and refer to completed claims, while the last provision in each proviso has reference to claims in course of completion but not finally passed upon. Morton v. Nebraska, 88 U. S. 660, p. 673. 3. VESTED RIGHTS IN SALT SPRINGS- -EFFECT. This act provided that no salt spring, the right whereof now is, or hereafter shall be, confirmed or adjudged to any individual or individuals, shall by this section be granted to said State. Southwestern Min. Co., In re, 14 L. D. 597, p. 601. This act granted to the State of Nebraska all salt springs not exceeding 12 in number with six sections of adjoining or contiguous land to be selected within prescribed periods, but excluding all salt springs wherein private rights have vested. New Mexico, In re, 35 L. D. 1, p. 4. The vested right spoken of in this statute does not mean a location made on lands reserved from sale or entry. Morton v. Nebraska, 88 U. S. 660, p. 673. 13 STAT. 567, JANUARY 30, 1865. MINERAL LANDS RESERVED FROM STATE AND RAILROAD GRANTS. JOINT RESOLUTION Reserving mineral lands, etc. Be it resolved, etc., That no act passed at the first session of the Thirty-eighth Congress, granting lands to States or corporations, to aid in the construction of roads or for other purposes, or to extend the time of grants heretofore made, shall be so construed as to embrace mineral lands, which in all cases shall be, and are, reserved exclusively to the United States, unless otherwise specially provided. in the act or acts making the grant. A. EFFECT AND APPLICATION OF RESOLUTION. 1. MINERAL LANDS EXCEPTED FROM CONGRESSIONAL GRANTS. 2. MINERAL LANDS IN NEVADA. 3. RAILROAD GRANT-NORTHERN PACIFIC. 1. MINERAL LANDS EXCEPTED FROM CONGRESSIONAL GRANTS. While this act refers in terms to grants made during the first session of the Thirtyeighth Congress, yet it may properly be regarded as expressive of the sense of Congress 56974°-Bull. 94, pt 2—15—29 that no grant of public lands to a State or corporation shall include mineral lands unless expressly provided. Florida Central & Peninsular R. Co., In re, 26 L. D. 600, p. 602. 2. MINERAL LANDS IN NEVADA. This act excludes from the operation of the enabling act of the State of Nevada all mineral lands. Heydenfeldt v. Daney Gold, etc., Min. Co., 10 Nev. 290, p. 315. 3. RAILROAD GRANT-NORTHERN PACIFIC. See 13 Stat. 343, p. 786; 13 Stat. 529, p. 788. By this amendatory act all mineral lands were expressly excluded from the operation of the original grant to the Northern Pacific Railroad Co. * Traphagen v. Kirk, 30 Mont. 562, p. 571. 14 STAT. 43, MAY 5, 1866. MINERAL LANDS EXCEPTED AND CLAIMS PROTECTED. AN ACT Concerning the boundaries of Nevada. Be it enacted, etc., That, as provided for and consented to in the constitution of the State of Nevada, all that territory and tract of land adjoining the present eastern boundary of the State of Nevada, ** is hereby added to and made a part of the State of Nevada. SEC. 2. And be it further enacted, That there is hereby added to and made a part of the State of Nevada all that extent of territory lying within the following boundaries, to wit (here described): Provided, That the territory mentioned in this section shall not become a part of the State of Nevada until said State shall, through its legislature, consent thereto: And provided further, That all possessory rights acquired by citizens of the United States to mining claims, discovered, located, and originally recorded in compliance with the rules and regulations adopted by miners in the Pah-Ranagat and other mining districts in the territory incorporated by the provisions of this act into the State of Nevada shall remain as valid subsisting mining claims; but nothing herein contained shall be so construed as granting a title in fee to any mineral lands held by possessory titles in the mining States and Territories. A. MINING TITLES PROTECTED. This act recognizes and protects the title to valid subsisting mining claims located in compliance with the rules and regulations adopted by miners. Del Monte Min., etc., Co. v. Last Chance Min., etc., Co., 171 U. S. 55, p. 62. 14 STAT. 80, JULY 3, 1866. MINERAL LANDS RESERVED FROM GRANT IN MICHIGAN. AN ACT Granting certain lands to the State of Michigan to aid in the construction of a ship canal, etc. Be it enacted, etc., That there be, and is hereby, granted to the State of Michigan, for the use and benefit of the Lac La Belle Harbor Improvement Company," a company organized under and by virtue of the laws of the State of Michigan, for the purpose of aiding in the construction of a ship canal to connect the waters of Lake Superior with the lake known as Lac La Belle, in said State, 100,000 acres of the public lands of the United States in the Upper Peninsular of Michigan, to be selected from the odd-numbered sections of land nearest the location of said canal, not otherwise reserved or appropriated, or designated by the United States as "mineral lands" prior to the passage of this act, nor to which the rights of preemption or homestead have attached: * * * 14 STAT. 81, JULY 3, 1866. CANAL GRANTS-MINERAL LANDS RESERVED. AN ACT Granting lands to Michigan to aid in the construction of a harbor and ship canal at Portage Lake, Keewenaw Point, Lake Superior. Be it enacted, etc., That there be, and hereby is, granted to the State of Michigan, to aid in the building of a harbor and ship canal at Portage Lake, Keewenaw Point, Lake Superior, in addition to a former grant for that purpose, approved March 3, 1865 (13 Stat. 520), 200,000 acres of land in the Upper Peninsular of the State of Michigan, and from land to which right of homestead or preemption has not attached. * * * And provided further, That no lands designated by the United States as "mineral" before the passage of this act shall be included within this grant. 14 STAT. 85, JULY 4, 1866. MINERAL LANDS RESERVED FROM SALE-NEVADA. AN ACT Concerning certain lands granted to Nevada. Be it enacted, etc., That the appropriation by the constitution of the State of Nevada to educational purposes of the 500,000 acres of land granted to said State by the law of September 4, 1841, for purposes of internal improvement, is hereby approved and confirmed. SEC. 5. And be it further enacted, That in extending the surveys of the public lands in the State of Nevada, the Secretary of the Interior may, in his discretion, vary the lines of the subdivisions from a rectangular form, to suit the circumstances of the country; but in all cases lands valuable for mines of gold, silver, quicksilver, or copper shall be reserved from sale. A. MINERAL ACTS CODIFIED. B. RESERVATIONS OF MINERAL LANDS. C. NEVADA ESTOPPED FROM CLAIMING TITLE TO MINES. A. MINERAL ACTS CODIFIED. The provisions of this statute and of all other mining statutes as originally enacted, are at present codified and embodied in sections 2318 to 2352 of the Revised Statutes. Pacific Coast Marble Co. v. Northern Pac. R. Co., 25 L. D. 233, p. 235. B. RESERVATIONS OF MINERAL LANDS. This act reserved from sale all mineral lands in the State and authorized lines of surveys to be changed so as to include such mineral lands. Heydenfeldt v. Daney Gold, etc., Min. Co., 93 U. S. 634, p. 641. |