ACTS OF CONGRESS 335 



INDEMNITY LANDS. SECS. 591-592 



The ownership of swamp and overflowed lands disclaimed where patented 

 though not granted. Art. 17, sec. 2, Const., and see Baer v. Moran Bros., 2 

 Wash. 608. 



The grant by this section is for all the institutions of the character named 

 and the Legislature may apportion any part thereof to the university, though 

 that institution was provided for in sec. 587 : State v. Callvert, 34 Wash. 58. 



Land covered and uncovered by the flow and ebb of the tide is not "public 

 land" subject to entry. Baer v. Moran Bros., 2 Wash. 608. Aflirmed 153 U. S. 

 287. 



Lands for educational purposes in this grant must be disposed of subject to 

 the limitations contained in sec. 585. State v. Maynard, 31 Wash. 132. 



This grant for capitol purposes is in the nature of a trust imposed upon the 

 state to select the land and apply the proceeds to the payment of claims for the 

 construction of capitol buildings, and a "State Capitol Building Fund" may be 

 created and warrants drawn against such fund though no money is in such fund, 

 Allen v. Grimes, 9 Wash. 424. 



Proceeds of sales of land for educational purposes cannot be used, only 

 interest thereon. State v. Maynard, 31 Wash. 132. 



SEC. 591. MINERAL LANDS EXCEPTED; INDEMNITY. 



All mineral lands shall be exempted from the grants made by this 

 chapter. But if sections sixteen and thirty-six or any subdivisions or 

 portion of any smallest subdivision thereof in any township shall be 

 found by the department of the interior to be mineral lands, said 

 states are hereby authorized and empowered to select, in legal sub- 

 divisions, an equal quantity of other unappropriated lands in said 

 states, in lieu thereof, for the use and benefit of the common schools 

 of said states. (Act Feb. 22, '89; 25 Stat. L., p. 681, sec. 18; 6 Fed. 

 Stat. Ann., p. 477.) 



This section Is modified as to coal lands by sec. 600, post. 



Selection of lieu lands : sec. 583 and sec. 42 et seq., ante, and sees. 592-593, 

 post. 



Application for non-mineral classification : sec. 51, ante. 



Cited : 18 Land Dec. 201 ; 23 L. D. 315, 397, 426 ; 24 L. D. 486, 549 ; 

 25 L. D. 233. 



Lands granted for public schools cannot be taken under the mineral laws of 

 the United States. Wheeler v. Smith, 5 Wash. 704. 



Lands containing deposits of lime stone are not mineral lands : idem, and 

 same case, 23 Land Dec. 395. 



SEC. 592. SELECTION OF LANDS. 



All lands granted in quantity or as indemnity by this chapter shall 

 be selected, under the direction of the Secretary of the Interior, frcm 

 the surveyed, unreserved and unappropriated public lands of the 

 United States within the limits of the respective states entitled 

 thereto. And there shall be deducted from the number of acres of land 

 donated by this chapter for specific objects to said states the number of 

 acres in each heretofore donated by Congress to said territories for 



