so far selected and reported were confirmed to the states; in 1860 the provisions of the act were extended to Minnesota and Oregon, but declared not to apply to Kansas, Nebraska, and Nevada; and in 1866 California was included. For all states admitted since, the grant has been declared not to apply, and specific grants of land have been made in lieu. (See table on page 62.)

The following table shows the amount of these grants, and the use which has been made of them:

TABLE SHOWING THE SWAMP LAND GRANTS, AND THEIR USE

Michigan 5,838,775 (to date) School fund $972,606;

California

Oregon

1,873,325 (to date) To Univ. of California c. $1,000,000 27,685

Part to school fund

6. Forest Reserve Income

In 1908 a new source of income was added for certain western

states, by the following Act of Congress:

[U. S. Statutes at Large, Vol. 35, Part I, p. 260.]

AN ACT, Making appropriations for the Department of Agriculture for the fiscal year ending June thirtieth, 1909. Approved, May 23, 1908.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and they are hereby, appropriated out of any money in the Treasury of the United States not otherwise appropriated.

Forestry Service

...

That hereafter twenty-five per centum of all money received from each forest reserve during any fiscal year, including the year ending June thirtieth, 1908, shall be paid at the end thereof by the Secretary of the Treasury to the State or Territory in which said reserve is situated, to be expended as the State or Territorial legislature may prescribe for the benefit of the public schools and public roads of the county or counties in which the forest reserve is situated: Provided, That when any forest reserve is in more than one State or Territory or county the distributive share to each from the proceeds of said reserve shall be proportional to its area therein.

The amounts so far paid under this provision have been:

For a long time the different Enabling Acts followed the Michigan, or later, the Oregon plan with respect to school land grants. With the increasing value of the lands granted, and the increase in importance of public education, Congress has not made more liberal grants, but has at the same time provided greater safeguards against the waste or diversion of only the endowments granted. A few recent Enabling Acts will show this.

The Enabling Act for Colorado, approved March 3, 1875, contained the first restriction as to sale price. After reproducing the Oregon type of grant it adds:

F

[POORE, B. P., Charters and Constitutions, I, 219.]

SEC. 14. That the two sections of land in each township herein granted for the support of common schools shall be disposed of only at public sale and at a price not less than two dollars and fifty cents per acre, the proceeds to constitute a permanent schoolfund, the interest of which to be expended in the support of common schools.

The next Enabling Act passed was the one for the admission of North and South Dakota, Montana, and Washington, in 1889, and this contained added conditions as to the sale of the lands, and a new provision relating to the control of the schools so endowed, as follows:

[U. S. Statutes at Large, Vol. 25, p. 679-80.]

AN ACT to provide for the division of Dakota into two States and to enable the people of North Dakota, South Dakota, Montana and Washington to form constitutions and State governments and to be admitted into the Union on an equal footing with the original States, and to make donations of public lands to such States. Approved, Feb. 22, 1889.

SEC. 11. That all lands herein granted for educational purposes shall be disposed of only at public sale, and at a price not less than ten dollars per acre, 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 legislatures shall prescribe, be leased for periods of not more than five years, in quantities not exceeding one section to any one person or company; and such land shall not be subject to pre-emption, 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. 14. The schools, colleges, and universities provided for in this act shall forever remain under the exclusive control of the said States, respectively, and no part of the proceeds arising from the sale or disposal of any lands herein granted for educational purposes shall be used for the support of any sectarian or denominational school, college, or university.

The Enabling Acts for Idaho and Wyoming, in 1890, followed practically the same lines, as did the one for Utah, in 1894,

except that the grants to Utah were larger. In the Enabling Acts for Oklahoma in 1906, and for Arizona and New Mexico in 1911, still further safeguards were inserted and larger grants made. This may be seen from the following reproduction of the educational sections of the Oklahoma Enabling Act.

[U. S. Statutes at Large, Vol. 34, p. 270.]

AN ACT To enable the people of Oklahoma and of the Indian Territory to form a constitution and State government and be admitted into the Union on an equal footing with the original States. Approved, June 16, 1906.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That . .

SEC. 3. Fifth. That provisions shall be made for the establishment and maintenance of a system of public schools, which shall be open to all of the children of said State and free from sectarian control; and said schools shall always be conducted in English: Provided, That nothing herein shall preclude the teaching of other languages in said public schools: And provided further, That this shall not be construed to prevent the establishment and maintenance of separate schools for white and colored children. . . .

SEC. 7. That upon the admission of the State into the Union sections numbered sixteen and thirty-six, in every township in Oklahoma Territory, and all indemnity lands heretofore selected in lieu thereof, are hereby granted to the State for the use and benefit of the common schools: Provided, That sections sixteen and thirty-six embraced in permanent reservations for national purposes shall not at any time be subject to the grant nor the indemnity provisions of this Act, nor shall any lands embraced in Indian, military, or other reservations of any character, nor shall land owned by Indian tribes or individual members of any tribe be subjected to the grants or to the indemnity provisions of this Act until the reservations shall have been extinguished and such lands be restored to and become a part of the public domain: Provided, that there is sufficient untaken public land within said State to cover this grant: And provided, That in case any of the lands herein granted to the State of Oklahoma have heretofore been confirmed to the Territory of Oklahoma for the purposes specified in this Act, the amount so confirmed shall be deducted from the quantity specified in this Act.

There is hereby appropriated, out of any money in the Treasury not otherwise appropriated, the sum of five million dollars for

the use and benefit of the common schools of said State in lieu of sections sixteen and thirty-six, and other lands of the Indian Territory. Said appropriation shall be paid by the Treasurer of the United States at such time and to such person or persons as may be authorized by said State to receive the same under laws to be enacted by said State, and until said State shall enact such law said appropriation shall not be paid, but said State shall be allowed interest thereon at the rate of three per centum per annum, which shall be paid to said State for the use and benefit of its public schools. Said appropriation of five million dollars shall be held and invested by said State, in trust, for the use and benefit of said schools, and the interest thereon shall be used exclusively in the support and maintenance of said schools: Provided, That *** [provision whereby the United States retains control of the Sulphur Springs reservations].

SEC. 8. That section thirteen in the Cherokee Outlet, the Tonkawa Indian Reservation, and the Pawnee Indian Reservation, reserved by the President of the United States by proclamation issued August nineteenth, eighteen hundred and ninety-three, opening to settlement the said lands, and by any Act or Acts of Congress since said date, and section thirteen in all other lands which have been or may be opened to settlement in the Territory of Oklahoma, and all lands heretofore settled in lieu thereof, is hereby reserved and granted to said State, for the use and benefit of the University of Oklahoma and the University Preparatory School, one-third; of the normal schools now established or hereafter to be established, one-third; and of the Agricultural and Mechanical College and the Colored Agricultural Normal University, one-third. The said lands or the proceeds thereof shall be divided between the institutions as the legislature may prescribe: Provided, That the said lands so reserved or the proceeds of the sale thereof shall be safely kept or invested and held by said State, and the income thereof, interest, rentals, or otherwise, only shall be used exclusively for the benefit of said educational institutions. Such educational institutions shall remain under the exclusive control of said State, and no part of the proceeds arising from the sale or disposal of any lands herein granted for educational purposes, or the income or rentals thereof, shall be used for the support of any religious or sectarian school, college, or university.

That section thirty-three, and all lands selected in lieu thereof, heretofore reserved under said proclamation and Acts for charitable and penal institutions and public buildings, shall be appropriated and disposed of as the legislature of said State may prescribe. Where any part of the lands granted by this Act to the State