the act hereby revived, except mineral lands, shall be sold to actual settlers only in quantities not greater than one-quarter section to any one purchaser, and for a price not exceeding $2.50 per acre. NOTE.-Original act (11 Stat. 17) not taken. 11 STAT. 166, FEBRUARY 26, 1857. SALINES AND SALT SPRINGS GRANTED TO MINNESOTA. AN ACT To authurize the people of the Territory of Minnesota to form a constitution and State government, preparatory to their admission in the Union on an equal footing with the original States. Be it enacted, etc., That the inhabitants of that portion of the Territory of Minnesota which is embraced within the following limits, to wit: [here describing] * * * SEC. 5. And be it further enacted, That the following propositions be, and the same are hereby offered to the said convention of the people of Minnesota for their free acceptance or rejection, which, if accepted by the convention, shall be obligatory on the United States and upon the said State of Minnesota, to wit: * * Fourth. That all salt springs within said State, not exceeding 12 in number, with six sections of land adjoining, or as contiguous as may be at each, shall be granted to said State for its use; the same to be selected by the governor thereof within one year after the admission of said 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 land, the right whereof is now vested in any individual or individuals, or which may be hereafter confirmed or adjudged to any individual or individuals, shall, by this article, be granted to said State. Fifth. That 5 per cent of the net proceeds of sales of all public lands lying within said State, which shall be sold by Congress after the admission of the said State into the Union, after deducting all the expenses incident to the same, shall be paid to said State, for the purpose of making public roads and internal improvements, as the legislature shall direct. * * * A. GRANT TO MINNESOTA. 1. SALT SPRINGS INCLUDED EXCEPTIONS. This act granted to Minnesota all the salt springs and the lands reserved for the use of the same. Hall v. Litchfield, 2 C. L. O. 179. This act granted to the State of Minnesota all salt springs not exceeding 12 in number with six sections of adjoining or contiguous lands 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. 5. This act, while authorizing the people of Minnesota to form a State, 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. 11 STAT. 269, MAY 4, 1858. SALINES AND SALT SPRINGS GRANTED TO KANSAS. AN ACT For the admission of the State of Kansas into the Union. Be it enacted, etc., That the State of Kansas be, and is hereby, admitted into the Union on an equal footing with the original States, in all respects whatever. * * * Fourth. 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 same to be selected by the Governor thereof, within one year after the admission of said State; and, when so selected, to be used or disposed of on such terms, conditions, and regulations as the legislature may direct: Provided, That no salt spring or land the right whereof is now vested in any indivi lual or individuals, or which may hereafter be confirmed or adjudged to any individual or individuals, shall by this article be granted to said State. Fifth. That 5 per cent of the net proceeds of sales of all public lands lying within said State which shall be sold by Congress after the admission of said State into the Union, after deducting all the expenses incident to the same, shall be paid to said State for the purpose of making public roads and internal improvements, as the legislature shall direct: Provided, The foregoing propositions herein offered are on the condition that said State of Kansas shall never interfere with the primary disposal of the lands of the United States, or with any regulations which Congress may find necessary for securing the title in said soil to bona fide purchasers thereof, and that no tax shall be imposed on lands belonging to the United States, and that in no case shall nonresident proprietors be taxed higher than residents. Sixth. And that said State shall never tax the lands or property of the United States in that State. * * * A. GRANT TO KANSAS. 1. SALINES AND SALT SPRINGS. This act granted to Kansas all the salt springs and the lands reserved for the use of the same. Hall v. Litchfield, 2 C. L. O. 179. This act granted to the State of Kansas 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. 5. This act, while authorizing the people of Kansas to form a State, 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. 11 STAT. 383, FEBRUARY 14, 1859. SALINES AND SALT SPRINGS GRANTED TO OREGON. Be it enacted, etc., That Oregon be, and she is hereby, received into the Union on an equal footing with the other States in all respects whatever, with the following boundaries: (Here describing). SEC. 4. And be it further enacted, That the following propositions be, and the same are hereby, offered to the said people of Oregon for their free acceptance or rejection, which, if accepted, shall be obligatory on the United States and upon the said State of Oregon, to wit: * * * Fourth. 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 same to be selected by the governor thereof within one year after the admission of said 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 land, the right whereof is now vested in any individual or individuals, or which may be hereafter confirmed or adjudged to any individual or individuals, shall by this article be granted to said State. Fifth. That 5 per centum of the net proceeds of sales of all public lands lying within said State which shall be sold by Congress after the admission of said State into the Union, after deducting all the expenses incident to the same, shall be paid to said State, for the purpose of making public roads and internal improvements, as the legislature shall direct: * * * A. GRANT TO OREGON. 1. SALINES AND SALT SPRINGS. 2. SELECTIONS BY STATE-TIME OF MAKING. 3. SELECTION OF LIEU LANDS- PROOF OF MINERAL CHARACTER. 1. SALINES AND SALT SPRINGS. This act granted to Oregon all the salt springs and all lands reserved for the use of the same. Hall v. Litchfield, 2 C. L. O. 179. This act was a grant to the State of Oregon of certain salt springs and lands in connection therewith, and operated to pass the title to a certain number of salt springs and prescribed the amount of land in connection with each, but did not attach to any specific salt springs or land until selection was made, and the act does not in any way limit the power of Congress to provide other methods of disposing of lands of the class contemplated, so long as the same remained unselected. Oregon v. Jones, 24 L. D. 116, p. 118. This act granted to the State of Oregon 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. 5. This act, while authorizing the people of Oregon to form a State, 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. The Oregon enabling act, while excepting mineral lands and salines, says nothing about town sites. Marlin v. T'Vault, 1 Oreg. 77, p. 85. 2. SELECTIONS BY STATE-TIME OF MAKING. The provisions of this act as to the time within which a State shall make its selections of salt springs and adjacent lands are directory and not mandatary. Oregon v. Jones, 24 L. D. 116, p. 117. Under this act the selection of salt springs must be made within one year after the admission of the State. Oregon v. Jones, 24 L. D. 116, p. 118. Under this statute the State of Oregon has the right to make selection of any unappropriated saline lands within the State in satisfaction of its grant. Oregon v. Jones, 24 L. D. 116, p. 119. 3. SELECTION OF LIEU LANDS-PROOF OF MINERAL CHARACTER. A State will not be permitted to make selection in lieu of land in a school section alleged to be mineral in character, whether returned by the surveyor general as mineral or otherwise, where the proof falls short of showing that such lands were of known mineral character at the date of the survey and does not overcome the presumption that the title passed to the State upon their identification by survey. Oregon, In re, 32 L. D. 105, p. 106. Under this act and the regulations, the State will not be permitted to make selections in lieu of land within a school section alleged to be mineral in character and consequently excepted from the grant, whether returned by the surveyor general as mineral or not, in the absence of proof that the base land was known to be chiefly valuable for mineral at the date the State's rights attached. Oregon, In re, 32 L. D. 412, p. 413. The Land Department has always required satisfactory proof in support of the alleged mineral character of base lands and the rule is prescribed only to aid the State in the orderly presentation of its claim, and until approved by the Secretary of the Interior there is in realty no selection as the prooof of a list and showing in support thereof are only preliminary proceedings taken for that purpose. Oregon, In re, 32 L. D. 412, p. 413. In the absence of a bona fide claim asserted under the mining laws, the State will not be heard to question its own title and that of its vendees to the lands in place for the purpose of affording it a base for the selection of indemnity lands elsewhere. Oregon, In re, 32 L. D. 412, p. 414. 12 STAT. 124, DECEMBER 17, 1860. SELECTION OF SALT SPRINGS-OREGON. AN ACT To amend the fourth section of the act for the admission of Oregon, etc. Be it enacted, etc, That the time for selecting the salt springs and contiguous lands, according to the provisions of the fourth section of the act entitled "An act for the admission of Oregon into the Union," approved February 14, 1859 (11 Stat. 383), be extended to any time. within three years from the passage of this act, anything in said section to the contrary notwithstanding. A. SALT SPRINGS-TIME OF SELECTION. This act amends the original only in the matter of time within which the selection of salt springs is to be made by extending it to any time within three years from the passage of the amendatory act. Oregon v. Jones, 24 L. D. 116, p. 118. 12 STAT. 126, JANUARY 29, 1861. SALINES AND SALT SPRINGS GRANTED TO KANSAS. AN ACT For the admission of Kansas into the Union. Be it enacted, etc., That the State of Kansas shall be, and is hereby declared to be, one of the United States of America, and admitted into the Union on an equal footing with the original States in all respects whatever. And the said State shall consist of all the territory included within the following boundaries, to wit: (Here de scribing). SEC. 3. And be it further enacted, That nothing in this act shall be construed as an assent by Congress to all or to any of the propositions or claims contained in the ordinance of said constitution of the people of Kansas, or in the resolutions thereto attached; but the following propositions are hereby offered to the said people of Kansas for their free acceptance or rejection, which, if accepted, shall be obligatory on the United States and upon the said State of Kansas, to wit: * * * Fourth. 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 same to be selected by the governor thereof within one year after the admission of said 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 land, the right whereof is now vested in any individual or individuals, or which may be hereafter confirmed or adjudged to any individual or individuals, shall by this article be granted to said State. 12 STAT. 503, JULY 2, 1862. LANDS DONATED TO STATES. * * AN ACT Donating public lands to the several States and Territories which may pro vide colleges, etc. Be it enacted, etc., That there be granted to the several States, for the purposes hereinafter mentioned, an amount of public land, to be apportioned to each State a quantity equal to 30,000 acres for each Senator and Representative in Congress to which the States are respectively entitled by the apportionment under the census of 1860: Provided, That no mineral lands shall be selected or purchased under the provisions of this act. SALINES AND MINERALS RESERVED-NEVADA. AN ACT To enable the people of Nevada to form a constitution and State government, etc. Be it enacted, etc., That the inhabitants of that portion of the Territory of Nevada included in the boundaries hereinafter designated be, and they are hereby, authorized to form for themselves, out of said Territory, a State government, with the name aforesaid, etc. * * * |