SOUTH DAKOTA SCHOOL LANDS. 

 By Paul D. KellETEr. 



Upon its admittance to the Union as a state, South Dakota 

 received from the Federal Government a grant of large areas of 

 the public domain in the State. The lands so granted were to be 

 used for various purposes. One such purpose was land especially 

 designated for the support of the common schools and consisted 

 of sections i6 and 36 in every township in the State. Title to 

 such lands did not rest in the State until the location of the par- 

 ticular section was determined by the extension of the public land 

 surveys. Provision was also made to indemnify the State in lieu 

 of any land in these sections that it might fail to acquire title of, 

 through the existence of a prior adverse claim, or through the 

 fact that the land appeared to be mineral in character. 



The right of squatters to the land covered by their squatter 

 location, made on the public domain before survey, is paramount 

 to the rights of the State, should upon the extension of the public 

 land surveys it occur that such settlement be on section 16 or 36, 

 nor can the State acquire any sections that prove to be mineral in 

 character. 



No difficulty arose in carrying out the provisions of the legis- 

 lation in regard to these lands except that through the creation 

 of the National Forests in the western part of the State here was 

 raised the question as to whether or not the right of the State 

 to sections 16 and 36, held, although such townships were in- 

 cluded within the National Forests before the extension of the 

 public land surveys so as to properly identify the sections. 



Being included within the National Forests was felt to be an 

 adverse claim defeating any right the State might have, yet on 

 the other hand it was felt that this adverse claim differed from 

 such as might be held by an individual in that the extinguishment 

 of the National Forests would automatically revive any right the 

 State might have had in the premises prior to the creation of 

 the National Forests. 



Such being the case, it was felt that the best interests of the 

 State justified some adjustment at once rather than to allow 



