Applicants under the homestead laws will be required to make oath that they have not heretofore secured a piece of land under the homestead law, and if an entry has been made under said law that was not for any reason perfected, the facts in relation thereto should be fully set forth.

The third section provides that in all cases where persons, being citizens of the United States, or who have declared their intentions to become such, in accordance with the naturalization laws of the United States, are in possession of any of the lands affected by any such grant, and hereby resumed by and restored to the United States, under deed, written contract with, or license from, the State or corporation to which such grant was made, or its assignees, executed prior to January first, eighteen hundred and eighty-eight, or where persons may have settled said lands with bona fide intent to secure title thereto by purchase from the State or corporation, when earned by compliance with the conditions or requirements of the granting acts of Congress, they shall be entitled to purchase the same from the United States, in quantities not exceed ing three hundred and twenty acres to any one such person, at the rate of one dollar and twenty-five cents per acre, at any time within two years from the passage of this act, and on making said payment to receive patents therefor; and where any such person in actual possession of any such lands, and having improved the same, prior to the first day of January, eighteen hundred and ninety, under deed, written contract, or license as aforesaid, or his assignor, has made partial or full payments to said railroad company prior to said date, on account of the purchase price of said lands from it, on proof of the amount of such payments he shall be entitled to have the same, to the extent and amount of one dollar and twenty-five cents per acre, if so much has been paid, and not more, credited to him on account of and as part of the purchase price herein provided to be paid the United States for said lands, or such persons may elect to abandon their purchases and make claim on said lands under the homestead law, and as provided in the preceding section of this act.

Where parties, persons, and corporations, with the permission of such States or corporations, or their assigns, are in possession of and have made improvements upon any of the lands resumed and restored, and are not entitled to enter the same under the provisions of this act, such parties, persons, or corporations shall have six months in which to remove any growing crops, buildings, and other movable improvements from said lands.

It is provided that the right of purchase granted by this section shall not apply to any lands situated in the State of Iowa on which any person in good faith has made or asserted the right to make a preemption or homestead settlement.

All the roads situated within said State have been constructed, except the portion of the Sioux City and St. Paul Railroad between Le Mars and Sioux City.

The grant for this company was made the subject of departmental decision of July 26, 1887 (6 L. D., 47), and a portion of the lands south of Le Mars was by said decision directed to be restored, but as far as the same are opposite unconstructed road they will come under the provisions of this act.

An applicant for purchase, under this section, of lands in Iowa will therefore be required to show that no person has in good faith asserted the right to make a preemption or homestead settlement upon the land sought to be purchased.

Further provision is made that nothing in this act shall be construed as limiting the rights granted to purchasers or settlers by the act of March 3, 1887, providing for the adjustment of land grants made by Congress to aid in the construction of railroads, nor as in any manner affecting any cause of action existing in favor of any purchaser against his grantor for breach of any covenants of title.

The fourth section merely repeals certain sections in acts making grants to aid in the construction of certain railroads in so far as said sections require the Secretary of the Interior to reserve lands within the indemnity limits of such grants. This section did not restore the indemnity lands, but removed any obstacle to the restoration by the Department, and the restorations were duly made.

The fifth section provides that if it shall be found that any lands heretofore granted to the Northern Pacific Railroad Company, and so resumed by the United States and restored to the public domain, lie north of the line known as the "Harrison line," being a line drawn from Wallula, Washington, easterly to the southeast corner of the northeast one-fourth of the southeast quarter of section twenty-seven, in township seven north, of range thirty-seven east, of the Willamette meridian, all persons who had acquired in good faith the title of the Northern Pacific Railroad Company to any portion of said lands prior to July first, eighteen hundred and eighty-five, or who at said date were in possession of any portion of said lands or had improved the same, claiming the same under written contract with said company, executed in good faith, or their heirs or assigns, as the case may be, shall be entitled to purchase the lands so acquired, possessed, or improved, from the United States, at any time prior to the expiration of one year after it shall be finally determined that such lands are restored to the public domain by the provisions of this act, at the rate of two dollars and fifty cents per acre, and to receive patents therefor upon proof before the proper land office of the fact of such acquisition, possession, or improvement, and payment therefor, without limitation as to quantity. The time allowed to make purchase under this provision has expired.

This section also confirmed to the city of Portland, in the State of Oregon, the right of way and riparian rights theretofore attempted to be conveyed to that city by the Northern Pacific Railroad Company to a strip of land fifty feet in width through certain described sections. The sixth section provides that no lands forfeited by this act shall inure to the benefit of any State or corporation to which lands may have been granted by Congress, except as provided by this act, nor shall the act be construed to enlarge the area of land originally covered by any such grant, or to confer any right upon any State, corporation, or persons to lands which were excepted from such grant.

Provision is also made against the moiety in conflicting limits of grants for a main and branch line, appertaining to unconstructed road and forfeited by this act, inuring to the benefit of the completed line.

Section seven relates specially to the grant to the State of Mississippi to aid in the construction of the road known as the Gulf and Ship Island Railroad, and upon the condition that said company, within ninety days from the passage of this act, shall accept the provisions of this act and file with the Secretary of the Interior a valid relinquishment of all said company's interest, right, title, and claim in and to all such lands as have been sold by the officers of the United States for cash, or with the allowance or approval of such officers have been entered in good faith under the preemption or homestead laws, or upon which there were

bona fide preemption or homestead claims on the first day of January, eighteen hundred and ninety, arising or asserted by actual occupation of the land under color of the laws of the United States, then the forfeiture declared in the first section shall not, until one year after the passage of this act, apply to or in anywise affect so much and such parts of said grant as lie south of a line drawn east and west through the point where the Gulf and Ship Island Railroad may cross the New Orleans and Northeastern Railroad in said State.

Other lands, in lieu of those relinquished south of said point, may be selected within the indemnity limits of the original grant, nearest to and opposite such part of the line as may be constructed at the date of selection.

Section eight provides that the Mobile and Girard Railroad Company, of Alabama, shall be entitled to the quantity of land earned by the construction of its road from Girard to Troy, a distance of eighty-four miles. And the Secretary of the Interior in making settlement and certifying to or for the benefit of the, said company the lands earned thereby shall include therein all the lands sold, conveyed, or otherwise disposed of by said company not to exceed the total amount earned by said company as aforesaid. And the title of the purchasers to all such lands are hereby confirmed so far as the United States are concerned. But such settlement and certification shall not include any lands upon which there were bona fide preemptors or homestead claims on the first day of January, eighteen hundred and ninety, arising or asserted by actual occupation of the land under color of the laws of the United States.

The right hereby given to the said railroad company is on condition that it shall within ninety days from the passage of this act, by resolution of its board of directors, duly accept the provisions of the same and file with the Secretary of the Interior a valid relinquishment of all said company's interest, right, title, and claim in and to all such lands. within the limits of its grant as have heretofore been sold by the officers of the United States for cash, where the Government still retains the purchase money, or with the allowance or approval of such officers have been entered in good faith under the preemption or homestead laws, or as are claimed under the homestead or preemption laws as aforesaid, and the right and title of the persons holding or claiming any such lands under such sales or entries are hereby confirmed, and all such claims under the preemption or homestead laws may be perfected as provided by law. Said company to have the right to select other lands as near as practicable to constructed road and within indemnity limits in lieu of the lands so relinquished. And the title of the United States is hereby relinquished in favor of all persons holding under any sales by the local land officers of the lands in the granted limits of the Alabama and Florida Railroad grant, where the United States still retains the purchase money, but without liability on the part of the United States.

The grant for the Mobile and Girard Company was finally adjusted April 24, 1893, the lands to which the company was entitled being recertified and the balance restored to entry.

The roads affected by said act are as follows:

Wisconsin Central Railroad, between Ashland and Superior City, in the State of Wisconsin.

Northern Pacific Railroad, between Wallula, Wash., and Portland, Oreg. Lands restored are in Washington and Oregon.

Tennessee and Coosa Railroad, entire grant, extending from Gunters Landing to Gadsden, State of Alabama.

Coosa and Chattooga Railroad, entire grant, extending from Gadsden, through Chattooga Valley, to Georgia State line.

Selma, Rome and Dalton Railroad, from Jacksonville to Gadsden, State of Alabama.

Amboy, Lansing and Traverse Bay Railroad, from Jonesville to Amboy, in State of Michigan.

Sioux City and St. Paul Railroad from Le Mars to Sioux City, in State of Iowa.

Mobile and Girard Railroad, from Troy to Mobile, State of Alabama. Gulf and Ship Island Railroad, from Brandon, State of Mississippi, to a point 20 miles north of the Gulf of Mexico.

South Pacific Railroad (main line) from Alcalde to Tres Pinos.

St. Paul and Sioux City Railroad, from St. Anthony, via Minneapolis, to Shakopee.

Southern Minnesota Railroad, from Houston to Rochester.

In some cases no actual restoration of the lands affected by the act has yet been ordered, for the reason that questions are pending a determination of which may affect the amount to be restored.

By the act of Congress approved February 18, 1891 (26 Stat. L., 764), the above act was amended so that the period within which settlers, purchasers, and others under the provisions of said act may make application to purchase lands forfeited thereby or to make homestead entries as therein authorized, shall begin to run from the date of the promulgation by the Commissioner of the General Land Office of the instructions to the local officers for their direction in the disposition of the lands, and not from the date of the passage of said act.

By act of December, 12, 1893 (28 Stat. L., 15; Appendix No. 49, p. 212), the time allowed for purchase by claimants under section 3 of this act was extended to January 1, 1897, saving, however, any adverse claims that may have attached.

The instructions under this act to the several officers in whose districts the forfeited lands lie were of different dates, and varied according to the peculiar circumstances in each case.

By departmental regulation of March 31, 1891 (12 L. D., 308), it is required that notice of intention to assert the right of purchase accorded under section 3, act of September 29, 1890, must be filed in the local office by persons claiming such right within sixty days after due publication by said office of such regulation. The registers and receivers of the local offices have made the publication contemplated.

Under different dates all withdrawals heretofore ordered of lands within the indemnity limits of the several grants made by Congress to and in the construction of railroads have been revoked, and the lands not embraced in pending or approved selections have been restored.

As to lands covered by unapproved selections, applications to make filings and entries thereon may be received, noted, and held subject to the claim of the company, of which claim the applicant must be distinctly informed and memoranda thereof entered upon his papers.

Whenever such application to file or enter is presented, alleging upon sufficient prima facie showing that the land is not from any cause subject to the company's right of selection, notice thereof will be given to the proper representative of the company, which will be allowed thirty days after service of said notice within which to present objections to the allowance of said filing or entry.

Should the company fail to respond or show cause before the district land officers why the application should not be allowed, said application for filing or entry will be admitted, and the selection held for cancellation; but should the company appear and show cause an inves

tigation will be ordered under the rules of practice to determine whether said land is subject to the right of the company to make selection of the same, which will be determined by the register and receiver, subject to the right of appeal in either party.

When appeals are taken from the decision of the register and receiver to this office in the class of cases above provided for they will be disposed of without delay, and if the decision should be in favor of the company and no appeal be taken the land will be certified to the Secretary of the Interior for approval for patent without requiring further action on the part of the company except the payment of the required fees. If the decision should be adverse to the company and no appeal be taken, the selection will be canceled and the filing or entry allowed, subject to compliance with law.

Lands which have not been selected will be subject to settlement and entry as other public lands, and notice to the company will not be required.

SETTLERS ON NORTHERN PACIFIC RAILROAD INDEMNITY LANDS.

The act of Congress entitled "An act for the relief of settlers on Northern Pacific Railroad indemnity lands," approved October 1, 1890 (26 Stat. L., 647; Appendix No. 42, p. 201), contains two sections.

By the first section of the act the right is given to those persons who, after August 15, 1887, and before January 1, 1889, settled upon, improved, and made final proof under the homestead and preemption laws, for lands within what is known as the second indemnity belt of the grant for the Northern Pacific Railroad, to transfer their entries to any other vacant Government land they may select, in compact form, and subject to entry under the homestead and preemption laws, and to receive final certificates and receipts therefor, in lieu of the entries heretofore made in said second indemnity belt, provided the transfer be made within twelve months from the passage of the act.

In case of the death of any person so entitled, the transfer may be made by his legal representative.

The right given is personal and can not be transferred, nor can the transfer provided for in the act be made through the intervention of an agent or attorney; further, no transfer will be approved by the land department, except where the proof made upon the original entry shows a satisfactory compliance with law in the matter of residence and improvement.

When application is made for such transfer, the register and receiver will require the applicant to make affidavit as to the facts in relation to his former entry, and whether he has received the return of the fees and commissions, or purchase money, paid upon said entry; and in the event that he has received such return they will require that he make payment anew for the land to which the transfer is made.

The second section provides for a similar transfer within one year from the passage of the act where persons, possessing the requisite qualifications under the homestead or preemption laws, in good faith have settled upon and improved lands in said second indemnity belt, having made filing or entry of the same, and for any reason otherwise than voluntary abandonment, failed to make proof thereon. The entry or filing must have been allowed within the time specified in section 1. In making proof upon the tract to which the transfer is made, credit will be given for the period of bona fide residence and amount of improvements made upon the tract heretofore entered or filed for in said second indemnity belt; but final entry will not be permitted except