328 ACTS OF CONGRESS 



SECS. 582-583 ENABLING ACT. 



SEC. 582. SCHOOLS TO BE NON-SECTARIAN. 



The schools, colleges and universities provided for in this chapter 

 shall forever remain under the exclusive control of said states, respec- 

 tively, and no part of the proceeds arising from the sale or disposal 

 of any lands herein granted for educational purposes shall be for the 

 support of any sectarian or denominational school, college or university. 

 (Act Feb. 22, '89; 25 Stat. L., p. 680, sec. 14; 6 Fed. Stat. Ann., p. 474.) 



Compare Art. IX, Const., supra. 



SEC. 583. GRANT OF SCHOOL LANDS EXCEPTION. 



Upon the admission of each of said states into the Union, sections 

 numbered sixteen and thirty-six in every township of said proposed 

 states, and where such sections, or any part thereof, have been sold or 

 otherwise disposed of by or under the authority of an act of Congress, 

 other lands equivalent thereto, in legal subdivisions of not less than 

 one-quarter section, and as contiguous as may be to the section in 

 lieu of which the same is taken, are hereby granted to said states for 

 the support of common schools, such indemnity lands to be selected 

 within said states in such manner as the Legislature may provide, with 

 the approval of the Secretary of the Interior: Provided, That the six- 

 teenth and thirty-sixth sections embraced in permanent reservations for 

 national purposes shall not, at any time, be subject to the grants nor to 

 the indemnity provisions of this chapter, nor shall any lands embraced 

 in Indian, military or other reservations of any character, be subject to 

 the grants or to the indemnity provisions of this chapter until the reser- 

 vation shall have been extinguished and such lands be restored to, and 

 become a part of, the public domain. (Act Feb. 22, '89; 25 Stat. L., p. 

 679, sec. 10; 6 Fed. Stat. Ann., p. 473.) 



Additional provision for indemnity : sec. 593, post 



Mineral lands excepted from this grant : sec. 591, post. 



Compare Const., Art. XXVI, ante. 



Prior right to select fronj Indian reservations after allotment : sec. 602, 

 post. 



Early selections confirmed : sec. 603, post. 



Method of selection provided : sec. 48, ante. 



Cited : 26 Wash. 671 ; 31 Wash. 135 ; 51 Wash. 55 ; 66 Wash. 473 ; 190 

 U. S. 179 (47 L. Ed. 1008) ; 84 Fed. 571; 140 Fed. 899; 191 Fed. 947; 11 

 Land Dec. 381; 12 L. D. 165-400; 14 L. D. 387; 20 L. D. 35; 21 L. D. 328; 

 23 L. D. 315, 397, 426 ; 24 L. D. 12, 106, 548 ; 25 L. D. 233 ; 27 L. D. 289 ; 

 32 L. D. 657; 33 L. D. 181, 454; 34 L. D. 658, 718; 35 L. D. 158, 172; 36 

 L. D. 93 ; 37 L. D. 409, 470 ; 38 L. D. 248. 



This section confirms lieu selections made under acts prior to the Enabling 

 Act. Johanson v. State, 26 Wash. 671. Aflirmed 190 U. S. 183. 



The word "embraced" refers to lands forming a part of a reservation. JJib- 

 terd v. Slack, 84 Fed. 571. 



Under the act of Congress reserving sections 16 and 36 of each townshin to 

 Washington territory, and the Enabling Act making a present grant of such sec- 

 tions to the state, to take effect as soon as the state should be organized, an 

 entry made upon such sections subsequent to the survey and approval of the 

 Enabling Act is void, whether made under the Federal timber and stone act or 

 under the mining laws. Wheeler v. Smith, 5 Wash. 704. 



