The CHAIRMAN. Your recommendation would be a statute which would provide that after five or six years from the date of enactment no further contests could be brought? Mr. NASH. Yes, sir. The CHAIRMAN. Would you put any limitation on the time within which a contest by the Interior Department should be terminated after once instituted? Mr. NASH. Yes; I would. The CHAIRMAN. What limitation would you provide? Mr. NASH. Well, I would not care to make a statement as to the length of time. I would leave that to these lawyers who know about what time they really should have within which to terminate a case. The CHAIRMAN. Would you favor judicial review of the department's decision Mr. NASH. Yes. I would like to make a statement with reference to our lieu selections. All the available lands in Idaho have been appropriated, and where we are compelled to take lieu selections, we can not find land that will exceed a value of one or two dollars an acre. Now, our constitution and enabling act provide that we shall not dispose of that land for less than $10 an acre, which means that in the future, we would be compelled to take lands that we could not possibly dispose of. It seems to me that the effect of that will be absolutely to thwart the purposes of this grant . The CHAIRMAN. There being no further witnesses to be heard at this time, without objection, it is ordered that any party interested in the subject matter of this legislation may file with the committee briefs relating thereto. LEGISLATION TO ASSURE TITLE TO STATE GRANTS FOR SCHOOL PURPOSES SIXTY-SECOND CONGRESS S. 6507. Senator Smoot. Introduced April 24, 1912 (p. 109). Reported favorably (S. Rept. 1141) January 24, 1913 (p. 109). Passed Senate February 3, 1913. Referred to House Public Lands Committee February 4, 1913. Never reported out of the House Committee on the Public Lands. S. 6786. Senator Ashurst. Introduced May 11, 1912 (p. 110). Never reported out of the Senate Committee on Public Lands and Surveys. SIXTY-THIRD CONGRESS S. 2911. Senator Smoot. Introduced August 9, 1913 (p. 110). Report of Hon. A. A. Jones, First Assistant Secretary of the Interior, submitted August 12, 1914 (p. 111). Never reported out of the Senate Committee on Public Lands and Surveys. SIXTY-FOURTH AND SIXTY-FIFTH CONGRESSES No legislation' introduced. SIXTY-SIXTH CONGRESS S. 3305. Senator Smoot. Introduced October 25, 1919 (p. 112). Report of Hon. Franklin K. Lane, Secretary of the Interior, submitted December 19, 1919 (p. 113). Never reported out of the Senate Committee on Public Lands and Surveys. SIXTY-SEVENTH CONGRESS S. 1721. Senator Phipps (same as H. R. 6158 and H. R. 6260, pp. 125, 127). Introduced May 9, 1921 (p. 114). Report of Hon. E. C. Finney, Acting Secretary of the Interior, submitted July 30, 1921 (p. 114). Never reported out of the Senate Committee on Public Lands and Surveys. S. 2317. Senator Bursum. Introduced July 27, 1921 (p. 115). Report of Hon. E. C. Finney, First Assistant Secretary of the Interior, submitted February 27, 1923 (p. 116). Never reported out of the Senate Committee on Public Lands and Surveys. S. 2318. Senator Bursum. Introduced July 27, 1921 (p. 116). Report of Hon. E. C. Finney, First Assistant Secretary of the Interior, submitted February 27, 1923 (p. 117). Never reported out of the Senate Committee on Public Lands and Surveys. S. 889. Senator Smoot. Introduced April 18, 1921 (p. 117). Report of Hon. A. B. Fall, Secretary of the Interior, submitted July 20, 1921 (p. 117). Reported out of the Senate Committee on Public Lands and Surveys (S. Rept. 610) April 21, 1922 (p. 119). Passed the Senate April 22, 1922 (p. 120). Referred to the House Committee on the Public Lands April 24, 1922. Never reported out of the House Committee on the Public Lands. H. R. 6158. Congressman Summers of Washington (same as S. 1721 and H. R. 6260). Introduced May 12, 1921 (p. 125). Report of Hon. E. C. Finney, Acting Secretary of the Interior, submitted August 1, 1921 (p. 126). Never reported out of the House Committee on the Public Lands. H. R. 6260. Congressman Vaile, of Colorado (same as S. 1721 and H. R. 6158). Introduced May 16, 1921 (p. 127). Never reported out of the House Committee on the Public Lands. SIXTY-EIGHTH CONGRESS S. 376. Senator Jones of New Mexico (same as H. R. 100, p. 132). Introduced December 6, 1923 (p. 127). Report of Hon. Hubert Work, Secretary of the Interior, submitted February 20, 1924 (p. 127). Never reported out of the Committee on Public Lands and Surveys of the Senate. (See, however, S. 4340.) S. 4340. Senator Jones of New Mexico. Introduced February 18, 1925. Reported to the Senate without amendment February 24, 1925. Passed Senate February 27, 1925 (p. 128). Referred to the House Committee on the Public Lands March 3, 1925. Never reported out of the House Committee on the Public Lands. S. 671. Senator Smoot. Introduced December 10, 1923 (p. 128). Report of Hon. Hubert Work, Secretary of the Interior, February 20, 1924 (p. 129); draft of substitute bill submitted (later introduced by Senator Smoot as S. 3412). Never reported out of the Committee on Public Lands and Surveys. S. 3412. Senator Smoot. Introduced May 26, 1924 (p. 131). Substitute bill drafted by the Department of the Interior for S. 671. Never reported out of the Senate Committee on Public Lands and Surveys. S. 1527. Senator Phipps (same as H. R. 5210, p. 133). Introduced December 19, 1923 (p. 132). Report of Hon. Hubert Work, Secretary of the Interior, submitted February 20, 1924 (p. 132). Never reported out of the Senate Committee on Public Lands and Surveys. H. R. 100. Congressman Morrow, of New Mexico (same as S. 376, p. 127). Introduced December 5, 1923 (p. 132). Never reported out of the House Committee on the Public Lands. H. R. 5210. Congressman Vaile, of Colorado (same as S. 1527, p. 132). Introduced January 10, 1924 (p. 133). Report of Hon. Hubert Work, Secretary of the Interior, submitted May 16, 1924 (p. 133). Never reported out of the House Committee on the Public Lands. SIXTY-NINTH CONGRESS S. 564. Senator Jones of New Mexico. Introduced December 8, 1925 (p. 134). (Same as S. 4340 of the Sixty-eighth Congress, which passed the Senate but which was never reported out of the House Committee on the Public Lands.) Report of Hon. Hubert Work, Secretary of the Interior, submitted January 5, 1926 (p. 134). Report unfavorable. Substitute bill drafted by the Department of the Interior (p. 136). Report of (p. S. 1623. Senator Smoot. Introduced December 15, 1925 (p. 137). Hon. Hubert Work, Secretary of the Interior, submitted January 5, 1926. 138). Report favorable. H. R. 3982. Congressman Vaile, of Colorado. (p. 139). Introduced December 7, 1925 Same as S. 2585. Senator Smoot. Introduced January 18, 1926 (p. 139). S. 3078. Senator Smoot. Introduced February 10, 1926 (p. 141). S. 3078. Same as Bill drafted by subcommittee of joint committee: SIXTY-SECOND CONGRESS (S. 6507) 66 The first bill to further assure title to lands granted the several States, in place, in aid of public schools," was introduced April 24, 1912, by Senator Smoot, of Utah, S. 6507, as follows: "Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That where a grant of lands in place has heretofore been made, or may hereafter be made, to any State in aid of public schools the governor of any such State may cause to be listed with the Secretary of the Interior any sections or parts of sections so granted, and it shall be the duty of the Secretary of the Interior to examine such lists, and if the lands are found to be of the character so granted and free from valid adverse claim, initiated prior to the survey of the township in which they are situated, to certify the same to the State entitled thereto in further assurance of title: Provided, That no such list shall be certified until the State shall have published, for a period of thirty days in a newspaper of general circulation in the vicinity of the land, a notice of the filing thereof, and that as to lands hereafter surveyed such publication shall not be made until after the expiration of three months from the filing of the township plat of survey in the district land office: Provided further, That nothing herein contained shall be so construed as to postpone the time of the attachment of the grant of such lands under existing law." January 24, 1913, Senator Smoot, from the Committee on Public Lands, submitted the following report on S. 6507: [Report No. 1141, Sixty-second Congress, third session] The Committee on Public Lands, to which was referred the bill (S. 6507) to further assure title to lands granted the several States, in place, in aid of public schools, having given the same careful consideration, beg leave to report it back to the Senate with the recommendation that it do pass. The purpose of the proposed legislation is to give to the several States a record title to lands in place granted to them in aid of public schools. It has been regarded by the Department of the Interior that the right or title of the State attached to these lands as of the date of the approval of the survey by the Surveyor General, when not afterwards disapproved by the Commissioner of the General Land Office or the Secretary of the Interior. This has left the State with an uncertain title to its school sections. In the State of Utah, for instance, upon several occasions the State has carefully checked the records at the local United States land office, and there being no entries or rights of record on certain school sections, has sold these sections at public sale, and in some cases issued patent; and thereafter the General Land Office has allowed entries of some kind so as to deprive the State of its title to portions of said sections. The purchaser of the State is absolutely without remedy unless by a special act of the State legislature his money is returned to him. The Department of the Interior heartily approves of the proposed legislation, as shown by the following letters addressed to Hon Reed Smoot, chairman of the Committee on Public Lands and Surveys, United States Senate: Hon. REED SMOOT, United States Senate. DEPARTMENT OF THE INTERIOR, SIR: Pursuant to your informal representations to this department, based upon suggestions in a letter addressed to you February 20, 1912, by the secre tary of the Utah State board of land commissioners, relative to the necessity for further legislation in the matter of record title to lands in place granted to the several States in aid of public schools, I have to advise you that this department perceives the necessity for such legislation and that I have caused to be prepared a bill to that end, draft of which is herewith. This department will be pleased to see such legislation enacted. Very respectfully, Hon. REED SMOOT, SAMUEL ADAMS, First Assistant Secretary. DEPARTMENT OF THE INTERIOR, Chairman Committee on Public Lands, United States Senate. SIR: In response to the request of your committee for a report on S. 6507, to further assure title to lands granted to the several States, I have the honor to call attention to the fact that this bill is identical with the form of a bill submitted to you by this department with its letter of April 16, and I therefore recommend its passage. Very respectfully, SAMUEL ADAMS, First Assistant Secretary. Senator Smoot's bill, S. 6507, passed the Senate on February 3, 1913, and on February 4, 1913, was referred to the House Committee on the Public Lands. It was never reported out of the House Committee on the Public Lands. (S. 6786) 66 On May 11, 1912, Senator Ashurst, of Arizona, introduced S. 6786, 'to further assure title to sections 16 and 36 heretofore reserved to the several States in aid of the public schools," as follows: "Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all lands heretofore reserved by any act of Congress for the purpose of being applied in aid of public schools in the Territories, and States and Territories, erected out of the same, which were public lands and were free from any valid adverse claim initiated prior to the date of the approval of any act of Congress so reserving such lands in aid of public schools, within such State; and all such lands, whether surveyed or unsurveyed, so reserved within national forests now existing or proclaimed, shall be administered as a part of the said national forests; but at the close of each fiscal year there shall be paid by the Secretary of the Treasury of the United States to such State, as income for its common-school fund, such proportion of the gross proceeds of all the national forests within such State as the area of such lands heretofore reserved within such State for school purposes may bear to the total area of said national forest." S. 6786 was not reported out of the Senate Committee on Public Lands and Surveys. SIXTY-THIRD CONGRESS (S. 2911) On August 9, 1913, Senator Smoot, of Utah, introduced S. 2911: A BILL Further to assure title to lands granted the several States, in place, in aid of public schools That where a grant of lands in place has heretofore been made or may hereafter be made to any State in aid of public schools the governor of any such State may cause to be listed with the Secretary of the Interior any sections or parts of sections so granted, and it shall be the duty of the Secretary of the Interior to examine such lists, and if the lands are found to be of the character so granted and free from valid adverse claim, initiated prior to the survey of the township in which they are situated, to certify the same to the State entitled theerto in further assurance of title: Provided, That no such list shall be certified until the State shall have published, for a period of thirty days in a newspaper of general circulation in the vicinity of the land, a notice of the filing thereof, and that as to lands hereafter surveyed such publication shall not be made until after the expiration of three months from the filing of the township plat of survey in the district land office: Provided further, That nothing herein contained shall be so construed as to postpone the time of the attachment of the grant to such lands under existing law. On August 12, 1914, Hon. A. A. Jones, First Assistant Secretary of the Interior, submitted the following report to the chairman of the Committee on Public Lands and Surveys of the United States Senate relative to S. 2911: DEPARTMENT OF THE INTERIOR, Washington, August 12, 1914. Hon. HENRY L. MYERS, Chairman Committee on Public Lands, United States Senate. 66 MY DEAR SENATOR: In response to the request of your committee for a report on Senate Bill 2911, entitled, 'A bill further to assure title to lands granted the several States, in place, in aid of public schools," I have to submit the following: The purpose of this bill is to furnish the various States a record title to the lands in place, granted in aid of public schools, and the necessity for such legislation arises from the absence of any statutory provision to this effect, under the form in which school-land grants have been made by Congress. These grants are uniformly made by a simply designation of certain sections by number, without provision for the issuance of any evidence of title. Under a grant made in this form the right of the State as to the lands granted is fixed by their identification upon survey, and is not dependent upon any specific adjudication by the Interior Department. A statutory grant of this character calls for no further evidence of title, as the statute in such case is both a grant and a conveyance, so far as the lands are of the character granted and otherwise subject thereto; but it has been held by the Supreme Court of the United States, that, although the grant to the public schools is in general terms and without an exception of mineral lands, it does not pass title thereto, for the reason that "Congress did not intend to depart from its uniform policy in this respect in the grant of those sections to the State," and that mineral lands are therefore excluded from the grant. (Consolidated Mining Co. v. Consolidated Mining Co., 102 U. S. 175; Deffeback v. Hawk, 115 U. S. 392.) The known condition of the designated section at the date when the grant takes effect determines whether the land does or does not pass thereunder; and if at that time the land is not known to contain mineral, a subsequent discovery thereof will not affect the title of the State. (Deffeback v. Hawk, supra; Colorado Coal Co. v. United States, 123 U. S. 328; Shaw v. Kellogg, 170 U. S. 312.) It will therefore be seen that in the absence of some provision by which the known condition of the specified sections, at the date when the grant takes effect, can be ascertained and adjudicated, the title of the State must remain doubtful and subject to attack, and this bill is intended to provide a remedy for such uncertainty in title. Under its provisions the Secretary of the Interior, on request of the State, will, by appropriate means, ascertain the known character of the land and the date when the grant became effective, and upon the evidence thus obtained determine whether the land does, or does not, fall within the terms of the grant, and either issue or withhold patent in accordance with such conclusion. A patent issued after such a determination by the secretary will operate as a conclusive assurance of the title taken by the State under the grant. (Rogers Locomotive Works v. American Emigrant Co., 164 U. S. 559.) The bill, as it now stands, provides for publication in all cases, preceding final action on the part of the department. In my judgment, such a requirement will, in very many instances, result in useless expense to the State. In States like Alabama and Minnesota, for example, to which the mineral land laws do not apply, as well as in those sections of the public-land States where the land is known to be purely agricultural in character, publication will not be needed for the protection of mineral locators. As to claims other than those under the mining laws, this department is without jurisdiction to entertain any except such as may be based upon settlement prior to survey in the field. With respect to school lands surveyed many years ago, and as to which no settlement has ever been asserted, it may safely be assumed that no such |