26 STAT. 215, JULY 3, 1890. GRANT TO IDAHO-MINERALS EXCEPTED. AN ACT To provide for the admission of the State of Idaho into the Union. Whereas, The people of the Territory of Idaho did, on July 4, 1889,* by a convention of delegates called and assembled for that purpose, form for themselves a constitution, which constitution was ratified and adopted by the people of said Territory at an election held therefor on the first Tuesday in November, 1889, which constitution is republican in form and is in conformity with the Constitution of the United States; * * * Be it enacted, etc., That the State of Idaho is hereby declared to be a State of the United States of America, and is hereby declared admitted into the Union on an equal footing with the original States in all respects whatever; and that the constitution which the people of Idaho have formed for themselves be, and the same is hereby, accepted, ratified, and confirmed. * * * SEC. 4. That sections numbered 16 and 36 in every township of said State, and where such sections, or any parts thereof, have been sold or otherwise disposed of by or under the authority of any act of Congress, other lands equivalent thereto, in legal subdivisions of not less than one quarter section, and as contiguous as may be to the section in lieu of which the same is taken, are hereby granted to said State for the support of common schools, such indemnity lands to be selected within said State in such manner as the legislature may provide, with the approval of the Secretary of the Interior. SEC. 5. That all lands herein granted for educational purposes shall be disposed of only at public sale, the proceeds to constitute a permanent school fund, the interest of which only shall be expended in the support of said schools. But said lands may, under such regulations as the legislature shall prescribe, be leased for periods of not more than five years, and such lands shall not be subject to preemption, homestead entry, or any other entry under the land laws of the United States, whether surveyed or unsurveyed, but shall be reserved for school purposes only. * * * * * * SEC. 11. That in lieu of the grant of land for purposes of internal improvement made to the new States by the eighth section of the act of September 4, 1841 (5 Stat. 453), which section is hereby repealed as to the State of Idaho, and in lieu of any claim or demand by the said State under the act of September 28, 1850 (9 Stat. 519), and section 2479 R. S., making a grant of swamp and overflowed lands to certain States, which grant it is hereby declared is not extended to the State of Idaho, and in lieu of any grant of saline lands to said State the following grants of lands are hereby made, to wit: To the State of Idaho: For the establishment and maintenance of a scientific school, 100,000 acres: For State normal schools, 100,000 acres; for the support and maintenance of the insane asylum located at Blackfoot, 50,000 acres; for the support and maintenance of the State University located at Moscow, 50,000 acres; for the support and maintenance of the penitentiary located at Boise City, 50,000 acres; for other State, charitable, educational, penal, and reformatory institutions, 150,000 acres. None of the lands granted by this act shall be sold for less than $10 an acre. SEC. 13. That all mineral lands shall be exempted from the grants by this act. But if sections 16 and 36, or any subdivision, or portion of any smallest subdivision thereof in any township shall be found by the Department of the Interior to be mineral lands, the said State is hereby authorized and empowered to select, in legal subdivisions, an equal quantity of other unappropriated lands in said State, in lieu thereof, for the use and benefit of the common schools of said State. SEC. 14. That all lands granted in quantity or as indemnity by this act shall be selected, under the direction of the Secretary of the Interior, from the surveyed unreserved, and unappropriated public lands of the United States within the limits of the State entitled thereto. And there shall be deducted from the number of acres of land donated by this act for specific objects to said State the number of acres heretofore donated by Congress to said Territory for similar objects. A. STATE GRANT-IDAHO. 1. STATE SELECTION. a. NONMINERAL LANDS. b. PUBLICATION OF NOTICE. 1. STATE SELECTION. a. NONMINERAL LANDS. Where there is not within the limits of any tract of land to be selected under this act any valuable mineral deposits, it is then subject to the State selection, and the question of its lying within 6 miles of a mining claim is one wholly between the State and the United States. McFarland v. Idaho, 32 L. D. 107, p. 109. b. PUBLICATION OF NOTICE. Under this act there is no necessity for publication with reference to the selection made by the State unless an examination discloses that the land selected is within a township containing any mineral entry, claim, or location, and such examination is to be made by the Land Department preliminary to the call upon the State to publish notice, and until the State is so notified, it is not required to act. Blake v. Idaho, 37 L. D. 26, p. 27. 26 STAT. 222, p. 224, JULY 10, 1890. GRANT TO WYOMING-MINERALS EXCEPTED. AN ACT To provide for the admission of Wyoming. Be it enacted, etc. * * * SEC. 11. That in lieu of the grant of land for purposes of internal improvement made to new States by section 8 of the act of September 4, 1841 (5 Stat. 453), which section is hereby repealed as to the State of Wyoming, * * * and in lieu of any grant of saline lands to said State, the following grants of land are hereby made, to wit: * * * For a hospital for miners who shall become disabled or incapacitated to labor while working in the mines of the State, 30,000 acres. * * * SEC. 13. That all mineral lands shall be exempted from the grants made by this act. But if sections 16 and 36, or any subdivision or portion of any smaller subdivision thereof in any township, shall be found by the Department of the Interior to be mineral lands, said State is hereby authorized and empowered to select, in legal subdivisions, an equal quantity of other unappropriated lands in said State in lieu thereof, for the use and the benefit of the common schools of said State. A. STATE GRANT-WYOMING. 1. MINERAL LANDS SELECTED RELINQUISHMENT. Lands, mineral in character, which have been erroneously certified under this act may be relinquished by the State and the State permitted to select other lands in lieu thereof. Wyoming, In re, 18 L. D. 473. 28 STAT. 107, JULY 16, 1894. GRANT TO UTAH-SALINES EXCEPTED. AN ACT To enable the people of Utah to form a constitution and State government, and to be admitted into the Union on an equal footing with the original States. Be it enacted, etc., That the inhabitants of all that part of the area of the United States now constituting the Territory of Utah, as at present described, may become the State of Utah, as hereinafter provided. SEC. 6. That upon the admission of said State into the Union, sections numbered 2, 16, 32, and 36 in every township of said proposed State, and where such sections or any parts thereof have been sold or otherwise disposed of by or under the authority of any act of Congress other lands equivalent thereto, in legal subdivisions of not less than one quarter section and as contiguous as may be to the section in lieu of which the same is taken, are hereby granted to said State for the support of common schools, such indemnity lands to be selected within said State in such manner as the legislature may provide, with the approval of the Secretary of the Interior: Provided, That the second, sixteenth, thirty-second, and thirty-sixth sections embraced in permanent reservations for national purposes shall not, at any time, be subject to the grants nor to the indemnity provisions of this act, nor shall any lands embraced in Indian, military, or other reservation of any character be subject to the grants or to the indemnity provisions of this act until the reservation shall have been extinguished and such lands be restored to and become a part of the public domain. SEC. 8. That lands to the extent of two townships in quantity, authorized by the third section of the act of February 21, 1855, to be reserved for the establishment of the University of Utah, are hereby granted to the State of Utah for university purposes, to be held and used in accordance with the provisions of this section; and any portions of said lands that may not have been selected by said Territory may be selected by said State. That in addition to the above, 110,000 acres of land, to be selected and located as provided in the foregoing section of this act, and including all saline lands in said State, are hereby granted to said State, for the use of the said university, and 200,000 acres for the use of an agricultural college therein. That the proceeds of the sale of said lands, or any portion thereof, shall constitute permanent funds, to be safely invested and held by said State; and the income thereof to be used exclusively for the purposes of such university and agricultural college respectively. A. STATE GRANT-UTAH. 1. SALINES PART OF GRANT DISPOSAL. 2. NATURE OF GRANT-NONMINERAL LANDS ONLY INCLUDED. 3. SALINES-LOCATION UNDER MINING LAWS. 4. MINERAL CHARACTER OF LANDS. a. WHAT CONSTITUTES-DETERMINATION. b. RETURN OF SURVEYOR GENERAL-EFFECT. 5. TIME OF TAKING EFFECT OF GRANT. 1. SALINES PART OF GRANT DISPOSAL. The meaning of section 8 is that the saline lands are to be contained in or comprise a part of the 110,000 acres of land, and this construction is in harmony with grants of saline lands to other States. Montello Salt Co. v. Utah, 221 U. S. 452, p. 465. The fact that if the saline lands are included in the 110,000 acres and the State has the right to sell all of them, and that until it declares its intention or makes such selection no rights can be acquired by others under the mining laws, can have no application where it is alleged or shown that the State has selected and received grants from the United States for the full 110,000 acres. Montello Salt Co. v. Utah, 221 U. S. 452, p. 466. 2. NATURE OF GRANT NONMINERAL LANDS ONLY INCLUDED. The grant in section 12 was one in præsenti and based upon the conditions that the land should be selected from unappropriated public lands within the limits of the State and should be nonmineral in character; and while the nonmineral character of the land was not expressly stated, it was clearly implied, because all mineral lands had been reserved to be disposed of under the mineral laws. Brigham City v. Rich, 34 Utah 130, p. 138. After the selection by the State of the saline lands in connection with other lands to the amount of 110,000 acres the State, under the applicable statutes and the uniform policy of the Government, could not thereafter select other subsequently discovered saline lands in satisfaction or in lieu of any part of the 110,000 acres already selected. Montello Salt Co. v. Utah, 221 U. S. 452, p. 466. See Salt Bluff Placer, In re, 7 L. D. 549. Southwestern Min. Co., In re, 14 L. D. 597. Lands appearing upon the selected list and designated as mineral in character upon the strength of the return of the surveyor are not subject to selection by the State under this grant. Utah, In re, 29 L. D. 69. Where there is nothing to show that any claim under the mining laws was asserted to lands selected under this act at the time when the right of the State attached, it must be presumed that it passed to the State under the grant, and this presumption will exist until overcome by satisfactory proof to the contrary. Utah, In re, 32 L. D. 117, p. 118. 3. SALINES-LOCATION UNDER MINING LAWS. Before the enactment of this statute all saline lands in Utah, as well as elsewhere, were subject to location under the placer mining laws of the United States. Montello Salt Co. v. Utah, 221 U. S. 452, p. 460. 4. MINERAL CHARACTER OF LANDS. a. WHAT CONSTITUTES-DETERMINATION. Lands held and worked, under the mining laws, for their mineral deposits long prior to the admission of Utah as a State, are excepted from the grant for school purposes, and their mineral character established. Utah v. Allen 27 L. D. 53, p. 54. Lands containing deposits of guano are mineral lands within the meaning of the United States mining laws and do not pass under this grant. Richter v. Utah 27 L. D. 95, p. 98. Lands chiefly valuable for building stone are not excepted by this grant, but pass to the State on its proper selection. Utah, In re, 29 L. D. 69, p. 70. A mineral location made prior to the admission of the State is not of itself sufficient to establish the mineral character of the land located so as to defeat the grant to the State, and the presumption is that the land did pass to the State under the grant. Mahoganey No. 2 Lode Claim, In re, 33 L. D. 37, p. 38. Applications presented under the mining laws covering parts of a school section are subject to the same disposition as other contest cases. Mahoganey No. 2 Lode Claim, In re, 33 L. D. 37, p. 38. b. RETURN OF SURVEYOR GENERAL-EFFECT. A mere mineral return by a surveyor general does not have the effect of establishing the character of lands as chiefly valuable for mineral and can not in and of itself operate to take lands out of the grant to the State as mineral lands, but this can only be done by proof showing that the lands were at the time when the right of the State would have attached known to contain valuable deposits of mineral and to be chiefly valuable on that account. Utah, In re, 32 L. D. 117. 5. TIME OF TAKING EFFECT OF GRANT. Under the provisions of section 6. the right of the State to lands in controversy does not attach until identified by the Government survey. Mahoganey No. 2 Lode Claim, In re, 33 L. D. 37. See Colorado, In re, 6 L. D. 412. The right of the State to lands in controversy does not attach until identified by the Government survey, and if any lands at that time are of known mineral character they are reserved from the operation of the grant. Mahoganey No. 2 Lode Claim, In re, 33 L. D. 37. Utah, In re, 32 L. D. 117. |