claim exists. It is therefore believed to be better to omit the arbitrary requirement of publication in all cases and empower the Secretary of the Interior to make such rules and regulations as will insure protection of bona fide claims to lands in the school sections with the minimum of expense. In view of the wide variance of conditions in the several States, I am strongly of the opinion that the satisfactory and orderly working of the proposed law will largely depend upon the grant to this department of authority to administer it in the light of conditions known to exist in the different States and localities. The bill as it now stands provides for evidence of title by certification in the event that the State is found entitled to lands, but it is believed that the ordinary form of conveyance adopted by the Government is preferable, and for that reason, as well as the one hereinbefore cited, the bill has been redrafted. An additional section has been added authorizing the Secretary of the Interior hereafter to issue patent under State grants where selections authorized thereby have received departmental approval. This is in line with the general views expressed herein and will furnish the State a much more convenient evidenceof title than the certification under the present practice. With the modifications indicated in the redraft submitted herewith, I recom-mend the enactment of the bill into law. Respectfully, A. A. JONES, First Assistant Secretary. [S. 2911 (redraft), Sixty-third Congress, first session] A BILL Further to assure title to lands granted the several States, in place, in aid of public schools 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 as designated in the grant, and it shall be the duty of the Secretary of the Interior to issue a patent to the State in further assurance of title, of all tracts thus listed, and found to be of the character granted, and free from valid, adverse claims at the time when the rights of the State attach: Provided, 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. SEC. 2. That hereafter, on approval by the Secretary of the Interior of selections made by any State under grants made by Congress, he shall direct the issuance of patent for the lands so selected and approved. SEC. 3. That the Secretary of the Interior is hereby authorized and empowered to make such rules and regulations as may be necessary to carry into effect the provisions of this act and to afford to any adverse claimant of lands listed by the State an opportunity to be heard in defense of his claims. S. 2911 was not reported out of the Senate Committee on Public Lands and Surveys. SIXTY-FOURTH AND SIXTY-FIFTH CONGRESSES No legislation "to further assure title to lands granted the several States, in place, in aid of public schools" was introduced in either branch of Congress during the Sixty-fourth and Sixty-fifth Congresses. SIXTY-SIXTH CONGRESS (S. 3305) On October 25, 1919, Senator Smoot, of Utah, introduced S. 3305: A BILL Further to assure title to lands granted the several States, in place, in aid of public schools 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 id 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 30 days, in a newspaper of general circulation in the vicinity of the land, a notice of the filing thereof, and that as to land 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. On December 19, 1919, Hon. Franklin K. Lane, Secretary of the Interior, submitted the following report to the chairman of the Committee on Public Lands and Surveys relative to S. 3305: Hon. REED SMOOT, Chairman Committee on Public Lands, DEPARTMENT OF THE INTERIOR, United States Senate. MY DEAR SENATOR: Pursuant to the request of your committee dated November 20, 1919, for a report on Senate bill 3305, entitled "A bill further to assure title to lands granted the several States, in place, in aid of public schools," I have the honor to advise that, on August 12, 1914, this department submitted a report on Senate bill 2911 (63d Cong.), which is identical in text and title with the one now under consideration. The enactment of said bill into law was therein recommended, with the modification indicated in a redraft submitted therewith. In addition to the authorities cited in said report, relative to the exception of mineral lands from statutory grants to the States in aid of common schools, the attention of your committee is respectfully invited to the more recent decision of the Supreme Court of the United States, on January 28, 1918, in the case of the United States v. Sweet (245 U. S. 562), fully upholding the construction uniformly placed by this department upon the granting act of July 16, 1894 (28 Stat. 107), to the effect that, under the settled policy of Congress, mineral lands were not included in such grant to the State of Utah, although mineral lands were not in terms expressly excepted from the grant. A copy of said report on Senate bill 2911 is inclosed herewith. All phases of the matter being carefully considered, I believe that that portion of the bill, as introduced, which requires publication of notice in all cases, is preferable to the substitute suggested therefor in said report made in 1914, but the other changes then suggested are at this time urged. I therefore recommend the enactment of the bill into law, if same be modified as indicated in another redraft herewith submitted. Cordially yours, FRANKLIN K. LANE, Secretary. [S. 3305 (redraft), Sixty-sixth Congress, first session] A BILL Further to assure title to lands granted the several States, in place, in aid of public schools 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 been 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 as designated in the grant, and it shall be the duty of the Secretary of the Interior to issue a patent to the State in further assurance of title of all tracts thus listed and found to be of the character granted and free from valid, adverse claim at the time when the rights of hte State attach: Provided, That no such list shall be certified until the State shall have published, for a period of thirty days in a news paper 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, SEC. 2. Hereafter, on approval by the Secretary of the Interior of selections made by any State under grants made by Congress, he shall direct the issuance of patent for the lands so selected and approved. S. 3305 was not reported out of the Senate Committee on Public Lands and Surveys. SIXTY-SEVENTH CONGRESS (S. 1721) On May 9, 1921, Senator Phipps, of Colorado, introduced S. 1721: [S. 1721, Sixty-seventh Congress, first session] A BILL To vest title to school lands in the State in which the lands are situated, if a proceeding is not instituted before the Department of the Interior within 12 years after the State is admitted to the Union, or within 12 years after the survey of the school-land sections was approved, to determine whether such lands were of known mineral character Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in the case of the grant of school-land sections to a State, unless within twelve years after the State is admitted to the Union, or within twelve years after the survey of the schoolland sections of a State has been approved by the Commissioner of the General Land Office, a proceeding is instituted before the Department of the Interior to determine whether such land was of known mineral character at the time the State was admitted to the Union, or at the time the survey was approved, absolute title in such land so granted shall be vested in the State in which the land is situated. On July 30, 1921, Hon. E. C. Finney, Acting Secretary of the Treasury, submitted the following report on S. 1721 to Hon. Reed Smoot, chairman of the Committee of Public Lands and Surveys: Hon. REED SMOOT, DEPARTMENT OF THE INTERIOR, Chairman Committee on Public Lands and Surveys, United States Senate. MY DEAR SENATOR: Complying with your request, I have the honor to report as follows on Senate bill 1721: The bill provides that in case of a grant of school-land sections to a State absolute title shall vest in the State, unless proceedings are instituted before the Department of the Interior to determine the character of such school-, land sections with respect to minerals within 12 years after the State is admitted into the Union or within 12 years after the surveys of the lands have been approved by the Commissioner of the General Land Office. Congress has made grants of designated sections of land to the public-land States in aid of public or common schools. Mineral lands are excepted in terms from many of the grants, which call for no further or formal evidence of title, the statute (usually the enabling act of the State), in each case operating both as a grant and a conveyance, so far as the named sections are of the character and status subject to the grant. In case mineral lands are excepted from such a grant the known condition of the designated section at the time when the grant takes effect determines whether title to 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 State's title. Deffeback v. Hawk (115 U. S. 392); Colorado Coal Co. v. United States (123 U. S., 307-328); Shaw v. Kellog (170 U. S. 312). If, however, the land is of known mineral character at that time, the land remains the property of the United States. United States v. Sweet (245 U. S. 563). The grant is effective, if at all, from the date thereof or the date of the admission of the State into the Union as to lands then surveyed. As to lands subsequently surveyed, it is effective, if at all, upon acceptance of the survey by the Land Department. United States v. Morrison (240 U. S. 192). One result of the proposed legislation, if enacted, will be to enlarge schoolland grants by the addition of mineral lands excepted therefrom under existing law and not intended to be conveyed when the grants were made. Furthermore, these grants may or may not be effective as to school section lands within the boundaries of Indian, military, or other reservations, depending upon the title status of the land at the time the reservation is created. If, at such time, title is in the State, it there remains, unaffected by the reservation withdrawal. If, however, the lands are unsurveyed at the time of the creation of the reservation, a subsequent survey, made while the lands are reserved, does not ordinarily operate to vest title in the State. The mineral or nonmineral character of these reservation school section lands has not, as a rule, been tested by proceedings before the Department of the Interior, and while the bill may not have been drawn with a view to the vesting of title in and to such reservation school section lands in the States, I think you will agree with me that it admits of such construction. Title to granted school section lands should be secure and not subject to attack. The States should be given the same evidence of title that is given the individual, viz, a United States patent. A more comprehensive and it seems to me better method of assuring or confirming the titles of the States as well as to quiet titles of certain transferees of the States is found in Senate bill 889, which with certain suggested amendments was favorably recommended by letter of July 20, 1921. It is accordingly recommended that the present bill (Senate 1721) be not enacted. Respectfully, E. C. FINNEY, Acting Secretary. On July 7, 1921, the following resolution was passed by the State Board of School Land Commissioners of the State of Wyoming : "Whereas more than 30 years have elapsed since the date of admission of the State of Wyoming, July 10, 1890, on which date title vested in the State to the lands granted for the support of its common schools, if surveyed and not then known to be mineral in character; and "Whereas in the interest of fairness and stability of titles and protection of the school revenue of the State, we believe a reasonable time should be allowed for inquiry after the expiration of which the title to the lands granted for school purposes should not be open to inquiry, question, or attack on account of their alleged mineral character; and "Whereas there has been introduced in the United States Senate a bill, S. 1721, which limits the time in which inquiry may be made into the mineral character of State school land grants to 12 years from the date of the admis. sion of the State, if the land was then surveyed, or 12 years from the date of the approval of the survey, if unsurveyed, and similar bills have been introduced in the House of Representatives: Now, therefore be it 66 'Resolved by the State Board of School Land Commissioners of the State of Wyoming that we indorse this legislation and recommend and request our Senators and our Representatives to use every effort possible to secure its passage." S. 1721 was not reported out of the Senate Committee on Public Lands and Surveys. (S. 2317) On July 27, 1921, Senator Bursum of New Mexico introduced S. 2317: [S. 2317, Sixty-ninth Congress, first session] A BILL Providing for a limitation of the time within which actions may be commenced questioning the title to lands granted States or Territories Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That where lands in quantity or in place have been or may be granted by Congress to any State or Territory with a proviso, expressed or implied, excepting mineral lands from the operation of such grants, title to such lands so granted shall not be questioned on the ground of known mineral character of the granted lands at the time the grant became effective, except by proper proceedings in the Department of the Interior or in the courts, commenced within a period of six years from the effective date of the grant under which such lands may be claimed by the grantee or its successor in title. SEC. 2. That for the purposes of this act the six-year limitation herein fixed shall be deemed to commence on the date of the approval of the granting act where the lands are granted in place and are surveyed in the fields at such date; and where the lands are granted in place but unsurveyed at the date of the grant said limitation period shall be deemed to commence on the date of the beginning of the official survey of such lands in the field. If the lands are granted in quantity to be selected, then said limitation period shall be deemed to commence on the date of the allowance of the selection by the officer of the local United States land office. SEC. 3. That this act shall operate to terminate all pending proceedings which shall not have been commenced within the limitation herein specified : Provided, That for the purposes of this act the date of the commencement of any suit or other proceeding shall be deemed and held to be the date of service of notice of such proceeding upon the grantee or any transferee of such grantee. On February 27, 1923, Hon. E. C. Finney, First Assistant Secretary of the Interior, submitted the following report on S. 2317 to Hon. Reed Smoot, chairman Committee on Public Lands and Surveys: Hon. REED SMOOT, DEPARTMENT OF THE INTERIOR, Chairman Committee on Public Lands and Surveys, United States Senate. MY DEAR SENATOR: Complying with your request, I have the honor to report as follow on S. 2317, entitled "A bill providing for a limitation of the time within which actions may be commenced questioning the title to lands granted States or Territories." The primary object sought by this bill appears to be to quiet titles to school section lands granted in place to States or Territories, or to lands granted to them in quantity for specific purposes. It is believed, however, that such object can better be attained by enactment of legislation along the lines proposed in Senate bill 889, which, after amendment as suggested in my report dated July 20, 1921, passed the Senate on April 22, 1922. Same is remedial in scope and intent and, as passed by the Senate, designed to quiet titles by providing for issuance of unrestricted patents as evidence of title to the States for lands actually granted; and for issuance of confirmatory patents to transferees (mediate or immediate) of States whose titles have failed because of the known mineral character at time of grant, of the lands purchased by them; also providing that hereafter, on approval by the Secretary of the Interior of selections made by any State under grants made by Congress, he shall direct that issuance of patent for the land so selected and approved. Believing that the public interest will best be served by enactment into law of said Senate bill 889, or a like measure, I recommend that this Senate bill 2317 be not enacted. Respectfully, E. C. FINNEY, First Assistant Secretary. S. 2317 was never reported out of the Senate Committee on Public Lands and Surveys. (S. 2318) On July 27, 1921, Senator Bursum, of New Mexico, introduced S. 2318: [S. 2318, Sixty-seventh Congress, first session] A BILL Providing for a limitation of the time within which actions may be commenced questioning the title to lands granted States or Territories Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the time within which actions or proceedings shall be commenced in the Department of the Interior or in any court questioning the title of the grantee to any lands granted heretofore or hereafter by Congress to any State or Territory, on the ground that such lands were known mineral lands at the time such grant became effective shall be |