CHAPTER I.

REGULATIONS IMPOSED BY LAW.

THE PUBLIC DOMAIN.

1. The survey of the public lands of the United States is insep· arably associated with questions relating to the acquisition and disposal of proprietary title to the lands which have been added to the area included in the original thirteen States. The term "public domain" has been applied broadly to the entire aforementioned area in so far as the lands have been subject to survey and disposal by the United States, and of interest herein may be mentioned the twenty-nine States and the District of Alaska surveyed or in progress of survey under the United States rectangular system, as follows:

Alabama.-Included in the territory of the original thirteen States, and admitted into the Union December 14, 1819 (3 Stat., 608); surveys practically completed and original records transferred to the Secretary of State at Montgomery.

Arizona.-Included in the lands ceded by Mexico, in 1848, and the Gadsden purchase, in 1853, and admitted into the Union February 14, 1912 (36 Stat., 557 and 37 Stat., 1728); surveys in progress; United States Surveyor General at Phoenix.

and

Arkansas.-Acquired under the Louisiana Purchase, in 1803, admitted into the Union June 15, 1836 (5 Stat., 50); surveys practically completed and original records transferred to the Commissioner of State Lands at Little Rock.

California.-Ceded by Mexico, in 1848, and admitted into the Union September 9, 1850 (9 Stat., 452); surveys in progress; United States Surveyor General at San Francisco.

Colorado.-Acquired largely under the Louisiana Purchase, in 1803, but including additional land, title to which was quieted through treaty with Spain, in 1819, with other lands annexed with Texas, in 1845, and lands ceded by Mexico, in 1848, and admitted into the Union August 1, 1876 (18 Stat., 474, and 19 Stat., 665); surveys in progress; United States Surveyor General at Denver.

Florida.-Ceded by Spain in 1819, and admitted into the Union March 3, 1845 (5 Stat., 742); surveys practically completed and original records transferred to the Commissioner of Agriculture at Tallahassee.

Idaho.-Acquired with the Oregon Territory, title to which was established in 1846, and admitted into the Union July 3, 1890 (26 Stat., 215); surveys in progress; United States Surveyor General at Boise.

Illinois.-Included in the territory of the original thirteen States and admitted into the Union December 3, 1818 (3 Stat., 536); surveys practically completed and original records transferred to the Auditor of State at Springfield.

Indiana.-Included in the territory of the original thirteen States and admitted into the Union December 11, 1816 (3 Stat., 399); sur veys practically completed and original records transferred to the Auditor of State at Indianapolis.

Iowa.-Acquired under the Louisiana Purchase, in 1803, and ad mitted into the Union December 28, 1846 (9 Stat., 117); surveys practically completed and original records transferred to the Secretary of State at Des Moines.

Kansas.-Acquired under the Louisiana Purchase, in 1803, and with lands annexed with Texas, in 1845, and admitted into the Union January 29, 1861 (12 Stat., 126); surveys practically completed and original records transferred to the Auditor of State and Register of State Lands at Topeka.

Louisiana. Included in the Louisiana Purchase, in 1803, and boundary extended to include additional lands, title to which was quieted through treaty with Spain in 1819, and admitted into the Union April 30, 1812 (2 Stat., 701); surveys practically completed and original records transferred to the Register of State Lands at Baton Rouge.

Michigan.-Included in the territory of the original thirteen States and admitted into the Union January 26, 1837 (5 Stat., 144); surveys practically completed and original records transferred to the Commissioner of State Land Office at Lansing.

Minnesota. Included in the territory of the original thirteen States, and with lands acquired under the Louisiana Purchase, in 1803, and admitted into the Union May 11, 1858 (11 Stat., 285); surveys practically completed and original records transferred to the Secretary of State at St. Paul.

Mississippi.-Included in the territory of the original thirteen States and admitted into the Union December 10, 1817 (3 Stat. 472); surveys practically completed and original records transferred to the Commissioner of State Lands at Jackson.

Missouri.-Acquired under the Louisiana Purchase, in 1803, and admitted into the Union August 10, 1821 (3 Stat., 645, and 3 Stat., Appendix II); surveys practically completed and original records transferred to the Secretary of State at Jefferson City.

Montana.-Acquired under the Louisiana Purchase, in 1803, and with the Oregon Territory, title to which was established in 1846, and admitted into the Union November 8, 1889 (25 Stat., 676, and 26 Stat., 1551); surveys in progress; United States Surveyor General at Helena.

Nebraska.-Acquired under the Louisiana Purchase, in 1803, and admitted into the Union March 1, 1867 (14 Stat., 391, and 14 Stat., 820); surveys practically completed and original records transferred to the Commissioner of Public Lands and Buildings at Lincoln.

Nevada.--Ceded by Mexico in 1848 and admitted into the Union October 13, 1864 (13 Stat., 30, and 13 Stat., 749); surveys in progress; United States Surveyor General at Reno.

New Mexico.-Included with lands annexed with Texas, in 1845, with lands ceded by Mexico, in 1848, and the Gadsden Purchase, in 1853, and admitted into the Union January 6, 1912 (36 Stat., 557, and 37 Stat., 1723); surveys in progress; United States Surveyor General at Santa Fe.

North Dakota.-Included in the territory of the original thirteen States, and with lands acquired under the Louisiana Purchase, in 1803, and admitted into the Union November 2, 1889 (25 Stat., 676, and 26 Stat., 1548); surveys practically completed and original records transferred to the State Engineer at Bismarck.

Oklahoma. Acquired under the Louisiana Purchase, in 1803, and with lands annexed with Texas, in 1845, and admitted into the Union November 16, 1907 (34 Stat., 267, and 35 Stat., 2160); surveys practically completed and original records filed with the Commis, sioner of the General Land Office at Washington, D. C.

Ohio.-Included in the territory of the original thirteen States, and admitted into the Union April 30, 1802 (2 Stat., 173); surveys practically completed and original records transferred to the Auditor of State at Columbus. ·

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Oregon. Included in the Oregon Territory, title to which was established in 1846, and admitted into the Union February 14, 1859 (11 Stat., 383); surveys in progress; United States Surveyor General at Portland.

South Dakota.-Included in the territory of the original thirteen States, and with lands acquired under the Louisiana Purchase, in

1803, and admitted into the Union November 2, 1889 (25 Stat., 676, and 26 Stat., 1549); surveys in progress; United States Surveyor General at Huron.

Utah.-Ceded by Mexico in 1848, and admitted into the Union January 4, 1896 (28 Stat., 107, and 29 Stat., 876); surveys in progress; United States Surveyor General at Salt Lake City.

Washington.-Included in the Oregon Territory, title to which was established in 1846, and admitted into the Union November 11, 1889 (25 Stat., 676, and 26 Stat., 1552); surveys in progress; United States Surveyor General at Olympia.

Wisconsin.-Included in the territory of the original thirteen States, and admitted into the Union May 29, 1848 (9 Stat., 233); surveys practically completed and original records transferred to the Commissioners of Public Lands at Madison.

Wyoming.-Included with lands acquired under the Louisiana Purchase, in 1803, with lands annexed with Texas, in 1845, with lands included in the Oregon Territory, title to which was established in 1846, and with lands ceded by Mexico, in 1848, and admitted into the Union July 10, 1890 (26 Stat., 222); surveys in progress; United States Surveyor General at Cheyenne.

District of Alaska.-Ceded by Russia in 1867; surveys in progress; United States Surveyor General at Juneau.

2. After the admission of the States into the Union the United States continued to hold title to the unappropriated lands and to administer its public-land laws with reference thereto, and it is expressly provided, as one of the conditions set forth in the various enabling acts, that the title to unappropriated lands within the State shall remain in the United States. The lands in the Territories not appropriated by competent authority before they were acquired are in the first instance the exclusive property of the United States, to be disposed of to such persons, at such times, in such modes, and by such titles as the Government may deem most advantageous to the public. Congress alone has the power, derived from Article IV, section 3, of the Constitution, of disposing of the public domain and making all needful rules and regulations in respect thereto.

3. Under the laws of the United States the navigable waters have always been and shall forever remain common highways, and below mean high water the same are not subject to survey and disposal. This reservation includes all tidewater streams, and other important permanent bodies of water whose natural and normal condition at