ACTS OF CONGRESS 

 SCHOOL LANDS. SECS. 584-585 



The grant of sections 16 and 36 also included lands in lieu of these sections 

 selected prior to the Enabling Act. State v. Johanson, 26 Wash. 668. Affirmed 

 190 U. S. 179. 



Proceeds of land granted must be used for support of schools. State ex rel. 

 Heuslon r. Mai/nurd, 31 Wash. 132. 



This section withheld sections 16 and 36 from entry under the land laws, 

 whether surveyed or unsurveyed, in consequence of which provision they ceased 

 to be "public lands" in the sense used in section 625, post, authorizing the estab- 

 lishment of forest reserves. South Dakota v. Hiram H. Ruby. (Unpublished de- 

 cision of Secretary of the Interior, dated May 21, 1904.) 



Where a forest reservation includes within its limits a school section sur- 

 ve.ved prior to the establishment of the reservation, the state, under the authority 

 of the first proviso to section 593, post, may be allowed to waive its right to such 

 section and select other land in lieu thereof. The decision of December 27, 

 IS . 1!) L. D. 585, recalled and vacated ; instructions of December 19, 1893, 

 17 L. D. 576, modified. State of California, 28 L. D. 57. 



The grant of sections 16 and 36, whether surveyed or unsurveyed, was a 

 present grant, which was not, and could not be, modified by sec. 593, post, 

 a laler act giving preference to settlers upon such lands prior to survey: State 

 v. Whitney, 66 Wash. 473. 



In an action by the state to recover possession of a school section home- 

 steaJed since the admission of the state, the fact that the defendant's home- 

 stead application had been allowed and that he had made improvements upon 

 the land with the knowledge and consent of the state does not create an 

 estoppel against the state : State v. Whitney, 66 Wash. 473. 



SEC. 584. SALE OF GOVERNMENT LANDS; SCHOOL FUND. 



Five per centum of the proceeds of the sales of public lands lying 

 within said states which shall be sold by the United States subsequent 

 to the admission of said states into the Union, after deducting all 

 the expenses incident to the same, shall be paid to the said states, 

 to be used as a permanent fund, the interest of which only shall be 

 expended for the support of common schools within said states, re- 

 spectively. (Act Feb. 22, '89; 25 Stat. L., p. 680, sec. 13; 6 Fed. Stat 

 Ann., p. 474.) 



Compare Const., Art. IX, sec. 3, ante. 



Cited: 22 L. D. 550; 26 L. D. 223. 



The act (Laws '95, p. 55) creating a state normal school fund into which the 

 proceeds of lands for educational purposes were paid and used for building is in 

 contravention of this section, as only the interest on such fund shall be used. 

 State v. Maynard, 31 Wash. 132. 



SEC. 585. LIMITATIONS ON SALE; NOT SUBJECT TO ENTRY- 

 LEASE. 



All lands herein granted for educational purposes shall be disposed 

 of only at public sale, and at a price not less than ten dollars per 

 acre, the proceeds to constitute a permanent school fund, the interest 

 of which only shall be expended in the support of said schools. But 

 said lands may, under such regulation as the Legislatures shall pre- 

 scribe, be leased for periods of not more than five years, in quantities 

 not exceeding one section to any one person or company; and such land 

 shall not be subject to pre-emption, homestead entry, or any other entry 

 under the land laws of the United States, whether surveyed or unsur- 



