This act granted to the State of Indiana all salt springs within the Territory including lands necessary for the proper working of such springs. New Mexico, In re, 35 L. D. 1, p. 4. 2. STATE'S RIGHT TO SALT SPRINGS AS AGAINST PATENTEE. Where a State claims lands or salt springs within its territory reserved under this act, it must show that the land claimed by it comes within the description. Indiana v. Miller, 13 Fed. Cas. 25, p. 26. Lands claimed by a State as saline or salt springs, but which are not entered as reserved in the records of the Land Office, and after the Commissioner of the General Land Office has certified that the State has received all such lands within it which had been reserved for salt springs can not claim title to any such land as against a regular patentee of the United States. Indiana v. Miller, 13 Fed. Cas. 25, p. 26. 3 STAT. 428, APRIL 18, 1818. SALINES AND SALT SPRINGS GRANTED TO ILLINOIS. AN ACT To enable the people of Illinois Territory to form a constitution and State government, etc. Be it enacted, etc., That the inhabitants of the Territory of Illinois be, and they are hereby, authorized to form for themselves a constitution and State government, and to assume such name as they shall deem proper; and the said State, when formed, shall be admitted into the Union upon the same footing with the original States, in all respects whatever.. * * SEC. 6. And be it further enacted, That the following propositions be, and the same are hereby, offered to the convention of said Territory of Illinois, when formed, for their free acceptance or rejection, which if accepted by the convention, shall be obligatory upon the United States and the said State. * * * Second. That all salt springs within such State, and the land reserved for the use of the same, shall be granted to the said State, for the use of the said State, and the same to be used under such terms, and conditions, and regulations, as the legislature of the said State shall direct: Provided, The legislature shall never sell nor lease the same for a longer period than 10 years at any one time. A. SALT SPRINGS. 1. GRANT TO ILLINOIS. 1. GRANT TO ILLINOIS. By this act Congress granted to Illinois all salt springs within the State and the land reserved for the use of the same. Alabama, In re, 21 L. D. 320, p. 322. 2. EFFECT OF GRANT. This grant places the State of Illinois in regard to salt springs and reservations of land on the same ground previously occupied by the United States. Salt Springs, In re, 1 Op. Atty. Genl. 420. This act does not impair the discretion exercised by the President in withholding salt springs from sale. Salt Springs, In re, 1 Op. Atty. Genl. 420. 3. EXTENT OF GRANT. The grant of salt springs under this act, includes all such springs discovered and undiscovered to which the President may determine necessary to annex lands for the purpose of working them, but includes no others. Salt Springs, In re, 1 Op. Atty. Genl. 420. 3 STAT. 489, MARCH 2, 1819. SALINES AND SALT SPRINGS GRANTED TO ALABAMA. AN ACT To enable the people of Alabama Territory to form a constitution and State government, etc. Be it enacted, etc., That the inhabitants of the Territory of Alabama be, and they are hereby, authorized to form for themselves a constitution and State government, and to assume such name as they may deem proper; and that the said Territory, when formed into a State, shall be admitted into the union, upon the same footing with the original States, in all respects whatever. * * * SEC. 6. * * * First. That the section numbered 16 in every township, and when such section has been sold, granted, or disposed of, other lands equivalent thereto, and most contiguous to the same, shall be granted to the inhabitants of such townships for the use of schools. Second. That all salt springs within the said Territory, and the lands reserved for the use of the same, together with such other lands as may, by the President of the United States, be deemed necessary and proper for working the said salt springs, not exceeding in the whole the quantity contained in 36 entire sections, shall be granted to the said State, for the use of the people of the said State, the same to be used, under such terms, conditions, and regulations, as the legislature of the said State shall direct: Provided, The said legislature shall never sell, nor lease the same for a longer term than 10 years at any one time. A. STATE GRANTS. 1. MINERAL LANDS EXCEPTED- -POLICY. 2. LANDS GRANTED WITH SALT SPRINGS. 3. ALABAMA GRANT. a. MINERAL LANDS GRANTED. b. EFFECT ON COAL LANDS. 4. INDEMNITY SELECTIONS BY ALABAMA. 1. MINERAL LANDS EXCEPTED- -POLICY. See 10 Stat. 244, p. 1257; 18 Stat. 474, p. 1279; 22 Stat. 487, p. 792; 23 Stat. 10, p. 1284. It has been the policy of the General Government to exclude mineral lands from all grants then and thereafter made, and there is nothing found in the Alabama acts of Congress showing any settled policy to repeal grants specifically made by Congress, and especially those of the character that were made by Congress to Alabama. Alabama, In re, 6 L. D. 493, p. 495. A grant to a State of sections 16 and 36 in each township for school purposes does not include mineral lands. Alabama, In re, 6 L. D. 493, p. 495. See Mullan v. United States, 118 U. S. 271, p. 276. Mining Co. v. Consolidated Min. Co., 102 U. S. 167, p. 174. Mineral lands were, by the express provision of this act, excepted from the effect of the grant as to the sixteenth and thirty-sixth sections, and the State could only take the agricultural lands in such sections. Alabama, In re, 6 L. D. 493. 2. LANDS GRANTED WITH SALT SPRINGS. This act granted to Alabama all salt springs within, the territory and any lands necessary and proper for the working of the same. New Mexico, In re, 35 L. D. 1, p. 4. In the grant of all salt springs within the territory of Alabama the words "and the lands reserved for the use of the same" mean the section of one mile square which includes each salt spring. Alabama, In re, 21 L. D. 320, p. 322. Between 1819 and 1837 Alabama was in continuous possession of salt springs, presumably all the springs that were then known, and of 640 acres of public lands with each spring under this congressional grant. Alabama, In re, 21 L. D. 320, p. 322. From the act of the State Legislature of Alabama approved February 23, 1866, and evidence of other acts on the part of the State it can not be assumed that other lands should be deemed necessary and proper for the working of salt springs which have been practically abandoned by the State for a period of 30 years, and the Land Department is not authorized to withdraw from settlement and entry 242 tracts of land which may furnish homesteads for as many citizens and their families under the guise that such lands are for the benefit of the State and necessary for the working of salt springs. Alabama, In re, 21 L. D. 320, p. 324. This State has not within 75 years at any time alleged that other lands were necessary or proper for the working of the salt springs under this grant and this protracted inaction warrants the presumption that the State has always deemed that any other lands were unnecessary for the working of such salt springs. Alabama, In re, 21 L. D. 320, p. 323. 3. ALABAMA GRANT. a. MINERAL LANDS GRANTED. At the date of this act there was no legislation on the subject of mines or mineral lands except one statute of 1805 and one of 1807, the effect of which was substantially to render null and void every grant of salt springs and lead mines thereafter to be made, knowledge of which had been discovered previously to the purchase from the United States, but the enabling act for the State of Alabama did not reserve or except such lands from the grant to Alabama, and the State became invested with the legal title to every sixteenth section according to the surveys, irrespective of the mineral character of the land. Alabama, In re, 6 L. D. 493, p. 496. This act was not in any manner affected or modified by the coal-lands statute of March 3, 1883, and this act continues to apply to both kinds of lands, though the Government demands at private sale a greater price for some lands than it does for others. Alabama, In re, 6 L. D. 493, p. 501. The fact that the Government demands at private sale a greater price for some lands than it does for others is no reason why this act was not applicable to both kinds of lands. Alabama, In re, 6 L. D. 493. By virtue of this act Alabama became invested with the legal title to every sixteenth section irrespective of the character of the land, and in case of previous sale or disposal the right of indemnity already existed in precisely the same character of land, but the act did not authorize the selection of equivalent indemnity lands in lieu of the sixteenth section unless the lands had been sold or disposed of. Alabama, In re, 6 L. D. 493. The enabling acts of other States have indicated the lands within the State which should be reserved from sale and what lands were regarded as mineral and what should not be included within the sixteenth and thirty-sixth sections for school purposes, but these acts were special legislation and in no wise related to Alabama, and did not have the effect of limiting the rights of that State under this act. Alabama, In re, 6 L. D. 493, p. 499. b. EFFECT ON COAL LANDS. Coal lands in Alabama were not reserved under this act any more than other mineral lands. Alabama, In re, 6 L. D. 493, p. 500. The fact that lands in Alabama have been reported to the General Land Office as being coal lands does not take them out of the provisions of this statute, and having been selected before they were sold the selection operates and gives the State the title to the land and leaves the remaining lands to be disposed of in accordance with the laws applicable to the subject. Alabama, In re, 6 L. D. 493, p. 500. 4. INDEMNITY SELECTIONS BY ALABAMA. See 22 Stat. 487,) p. 792. Under this act and up to the time of the passage of the general indemnity statutes the school lands granted to Alabama gave a valid title to any mineral lands, and the indemnity selections could be made upon the same character of lands. Alabama, In re, 6 L. D. 493, p. 497. See Cooper v. Roberts, 59 U. S. (18 How.) 173. By this act Alabama was invested with the legal title to every sixteenth section of land, irrespective of its character, with the right to select indemnity land in case such section had been disposed of, and this right is in no wise affected or abridged by the act of March 3, 1883 (22 Stat. 487), relating to coal and iron lands, and it did not operate to reserve such lands from indemnity school selection if such selection was made by the State before such land was offered for public sale, and the right of the State to select indemnity lands, though mineral in character and though previously reported as containing coal and iron, must be recognized. Alabama, In re, 6 L. D. 493 There is nothing to show that the State is not entitled under this act to select any land which it might have originally selected under the act. Alabama, In re, 6 L. D. 493. Subsequent statutes reserving and excepting mineral lands do not declare that mineral lands located in a given State may not be selected in accordance with the terms and provisions of the original enabling act, and these statutes can not be construed as taking from Alabama her special and specific rights conveyed by a special act prior to the passage of any of these latter enactments upon the subject of mineral lands. Alabama, In re, 6 L. D. 493. See Mining Co. v. Consolidated Min. Co., 102 U. S. 167. Mullan v. United States, 118 U. S. 271. 23 STAT. 12, APRIL 23, 1884. ALABAMA UNIVERSITY LANDS. AN ACT To increase the endowment of the University of Alabama from the public lands in said State. Be it enacted, etc., That 46,080 acres of the public lands in Alabama are hereby granted to the State of Alabama, in addition to the lands reserved to said State by the acts approved April 20, 1818, and March 2, 1819, for the benefit of the University of Alabama, to be applied, as far as may be necessary, to the erection of suitable buildings for said university and to the restoration of the library and scientific apparatus heretofore destroyed by fire, such application to be made in such manner as the legislature of said State may direct or may empower the trustees of said university to direct: Provided, That the State of Alabama shall pay the expenses of agents appointed by the governor thereof to select such lands, to be reimbursed out of the proceeds of the sales thereof. * * * * SEC. 3. That the provisions of this act shall not apply to any legal subdivision of land to which the right of homestead entry or preemption shall have attached in favor of any person who is entitled to such homestead and preemption entries and who is occupying and claiming such subdivision of the public lands in Alabama at the time when such selections are approved by the Secretary of the Interior. And in cases where it is found that such claims are superior to the rights of the State of Alabama herein granted, the said State may select other lands in lieu thereof, and in like quantity, elsewhere in the said State, from the public lands of the United States, so as to make up, as nearly as may be, the total number of acres of land granted in this act to said State. SEC. 4. That when the selection of said lands are so made, and are approved by the Secretary of the Interior, the title to the same shall vest in the State of Alabama, to and for the use and benefit of said University of Alabama. * * * A. ALABAMA UNIVERSITY GRANT. 1. RIGHT TO SELECT MINERAL LANDS. Prior to the enactment of this statute there were no express provisions reserving from any and all dispositions the mineral lands of the United States and disclosing a public policy applicable to all grants and to withhold them therefrom, and this statute bears no evidence of such public policy. Alabama, In re, 6 L. D. 493, p. 502. |