STATE GRANTS AND SELECTIONS

66

Cross references: See "Alaska," p. 57; Railroad Grants," p. 409; "Reclamation," p. 490; "Town Sites, etc.," pp. 729, 738.

AGRICULTURAL COLLEGE GRANTS

Cross references: See "Preemptions," p. 393. “Railroad Grants," p. 409; "Reclamation Act," under "Reclamation," p. 490.

NOTE.-In the legislation relating to the admission of the publicland States into the Union, commencing with the admission of Ohio in 1802, grants of public lands were made for university purposes. The grants for this purpose generally contained two townships in each State. The act of July 2, 1862 (12 Stat. 503), enlarged the earlier grants by the donation to each State of thirty thousand acres of nonmineral public lands for each Senator and Representative to which such State was entitled under the apportionment of 1860, for the support of colleges for the cultivation of agricultural and mechanical science and art. That Act contained a provision for location in place, and an issue of scrip in lieu of place lands. The public-land States took lands in satisfaction of their allowance under the law. The nonpublic-land States received scrip which was sold by the State and located by its assignees on public lands in other States and in the Territories. The grant attached to each new State, upon its admission, without further legislation.-EDITOR.

An Act Donating public lands to the several States and Territories which may provide colleges for the benefit of agriculture and the mechanic arts1

mineral, to be

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there be granted to the several States, for the Public lands not purposes hereinafter mentioned, an amount of public given to each land, to be apportioned to each State a quantity equal to State. thirty thousand acres for each Senator and Representative in Congress to which the States are respectively entitled by the apportionment under the census of eighteen hundred and sixty: Provided, That no mineral lands shall be selected or purchased under the provisions

of this Act. (U. S. C., title 7, sec. 301.) *

2

*

SEC. 4. [As amended by the Act of Apr. 13, 1926, 44 Investment of Stat. 247.] That all moneys derived from the sale of sales of public lands aforesaid by the States to which lands are appor

1 The act of July 2, 1862, was supplemented by the acts of August 30, 1890 (26 Stat. 417, U. S. C., title 7, secs. 321-328), and March 4, 1907 (34 Stat. 1281, U. S. C., title 7, sec. 322), which provided that a portion of the proceeds derived from the disposal of the public lands be applied to the more complete endowment and support of the colleges established under the provisions of the basic act. For cooperative extension work in connection with such colleges, see the acts of May 8, 1914 (38 Stat. 372, U. S. C., title 7, secs. 341-348). May 22, 1928 (45 Stat. 711, U. S. C., 3d supp., title 7, secs. 343a and 343b), and March 10, 1930 (46 Stat. 83).EDITOR.

This section previously amended by the act of Mar. 3, 1883 (22 Stat. 484, U. S. C., title 7, sec. 304).

proceeds from lands.

Interest rate modified.

Proviso.

Constitution of perpetual fund from.

Use of interest therefrom.

tioned and from the sales of land scrip herein before provided for shall be invested in bonds of the United States or of the States or some other safe bonds; or the same may be invested by the States having no State bonds in any manner after the legislatures of such States shall have assented thereto and engaged that such funds shall yield a fair and reasonable rate of return, to be fixed by the State legislatures, and that the principal thereof shall forever remain unimpaired: Provided, That the moneys so invested or loaned shall constitute a perpetual fund, the capital of which shall remain forever undiminished (except so far as may be provided in section 5 of this Act), and the interest of which shall be inviolably approVol. 12, p. 504. priated, by each State which may take and claim the benefit of this Act, to the endowment, support, and maintenance of at least one college where the leading object shall be, without excluding other scientific and classical studies and including military tactics, to teach such branches of learning as are related to agriculture and the mechanic arts, in such manner as the legislatures of the States may respectively prescribe, in order to promote the liberal and practical education of the industrial classes in the several pursuits and professions in life. (U. S. C., 3d supp., title 7, sec. 304.)

Conditions of this grant.

SEC. 5. And be it further enacted, That the grant of land and land scrip hereby authorized shall be made Assent of States. on the following conditions, to which, as well as to the provisions hereinbefore contained, the previous assent of the several States shall be signified by legislative Acts:

Diminution of up by State.

Annual interest

First. If any portion of the fund invested, as provided by the foregoing section, or any portion of the interest fund to be made thereon, shall, by any action or contingency, be diminished or lost, it shall be replaced by the State to which it belongs, so that the capital of the fund shall remain forever undiminished; and the annual interest shall be regularly applied without diminution to the purposes mentioned in the fourth section of this Act, except that a sum, not exceeding ten per centum upon the amount received by any State under the provisions of this Act, may be expended for the purchase of lands for sites or experimental farms, whenever authorized by the respective legislatures of said States.

to be applied regularly.

No portion to be

ings.

Second. No portion of said fund, nor the interest applied to build thereon, shall be applied, directly or indirectly, under any pretence whatever, to the purchase, erection, preservation, or repair of any building or buildings.

Any State claim

ing the benefits

of this Act, to

Third. Any State which may take and claim the benefit of the provisions of this Act shall provide, within provide college five years, at least not less than one college, as described in the fourth section of this Act, or the grant to such State shall cease; and said State shall be bound to pay

within five years.

Amended by the act of July 23, 1866 (14 Stat. 208), as to the time for complying with the conditions herein.

the United States the amount received of any lands previously sold, and that the title to purchasers under the State shall be valid. (U. S. C., title 7, sec. 305.)

*

Approved, July 2, 1862 (12 Stat. 503).

SCHOOL LAND GRANTS

*

Cross references: See subtitle "School and College Grants," p. 57, under "Alaska"; "Town Sites," p. 738.

NOTE. Provision for making grants of public lands for the benefit of schools had its inception during the early days of the Continental Congress when by the ordinance of May 20, 1785, section 16 in each public-land township was reserved. This reservation was made perpetual in 1787. Subsequently and up to the admission of Oregon as a State section 16 in every township was granted to each of the public-land States admitted, 12 States in all. The act of August 14, 1848 (9 Stat. 323), providing for the organization of the Territory of Oregon, added section 36 in each township to the grant. The States admitted since that time have received sections 16 and 36. Additional grants of sections 2 and 32 were granted to the State of Utah by the act of July 16, 1894 (28 Stat. 107), and to the States of Arizona and New Mexico by the enabling act of June 20, 1910 (36 Stat. 557). The State of Oklahoma also received sections 13 and 33 in townships within certain specified boundaries by the terms of the act of June 16, 1906 (34 Stat. 267).-EDITOR.

GRANTS TO TERRITORIES

SEC. 1946, R. S. Sections numbered sixteen and thirty- School lands in six, in each township of the Territories of New Mexico, tories. Utah, Colorado, Dakota, Arizona, Idaho, Montana, and Wyoming shall be reserved for the purpose of being applied to schools in the several Territories herein named, and in the States and Territories hereafter to be erected out of the same.

ARIZONA

An Act To enable the people of New Mexico to form a constitution and State government and be admitted into the Union on an equal footing with the original States; and to enable the people of Arizona to form a constitution and State government and be admitted into the Union on an equal footing with the original States

*

for common

SEC. 24. That in addition to sections sixteen and thirty- Additional grant six, heretofore reserved for the Territory of Arizona, schools. sections two and thirty-two in every township in said proposed State not otherwise appropriated at the date of the passage of this Act are hereby granted to the said Selections in State for the support of common schools; and where lieu of mineral, sections two, sixteen, thirty-two, and thirty-six, or any parts thereof, are mineral, or have been sold, reserved, or otherwise appropriated or reserved by or under the

See sec. 1946, R. S., ante.

etc., lands.

indemnity selections.

Lands in national forests.

Control of schools.

Sectarian prohibition.

authority of any Act of Congress, or are wanting or fractional in quantity, or where settlement thereon with a view to preemption or homestead, or improvement thereof with a view to desert-land entry has been made heretofore or hereafter, and before the survey thereof in the field, the provisions of sections twenty-two hundred and seventy-five and twenty-two hundred and seventysix of the Revised Statutes, and acts amendatory thereof or supplementary thereto, are hereby made applicable thereto and to the selection of lands in lieu thereof to the same extent as if sections two and thirty-two, as well as sections sixteen and thirty-six, were mentioned therein: Provided, however, That the area of such indemnity selections on account of any fractional township shall not in any event exceed an area which, when added to the area of the above-named sections returned by the survey as in place, will equal four sections for fractional townships containing seventeen thousand two hundred and eighty acres or more, three sections for such townships containing eleven thousand five hundred and twenty acres or more, two sections for such townships containing five thousand seven hundred and sixty acres or more, nor one section for such townships containing six hundred and forty acres or more: And provided further, That the grants of sections two, sixteen, thirty-two, and thirty-six to said State, within national forests now existing or proclaimed, shall not vest the title to said sections in said State until the part of said national forests embracing any of said sections is restored to the public domain; but said granted sections shall be administered as a part of said forests, and at the close of each fiscal year there shall be paid by the Secretary of the Treasury to the State, as income for its common-school fund, such proportion of the gross proceeds of all the national forests within said State as the area of lands hereby granted to said State for school purposes which are situated within said forest reserves, whether surveyed or unsurveyed, and for which no indemnity has been selected, may bear to the total area of said sections when unsurveyed to be determined by the Secretary of the Interior, by protraction or otherwise, the amount necessary for such payments being appropriated and made available annually from any money in the Treasury not otherwise appropriated.

SEC. 26. That the schools, colleges, and universities provided for in this Act shall forever remain under the exclusive control of the said State, and no part of the proceeds arising from the sale or disposal of any lands granted herein for educational purposes shall be used for the support of any sectarian or denominational school, college, or university.