338 ACTS OF CONGRESS 



SEC. 594 INDEMNITY LANDS. 



entry. And while the land remains subject to such selection and approval no In- 

 dividual can come in and question its validity. Johanson v. Washington, 190 U. 

 S. 179, affirming 26 Wash. 668. 



A claim of pre-emption is fatally defective where the grantees of the claimant 

 failed to make or file an actual entry in the proper land office. Gonzalez v. 

 French, 164 U. S. 338. 



This act does not authorize any exchange of lands between the federal and 

 state governments, but only the indemnification of the state for the loss of lands 

 to which it was entitled. The act does not give to the state the right to select 

 Other lands of equal acreage with the school sections where the latter are in- 

 cluded within the exterior boundaries of a forest reservation subsequent to their 

 survey in the field, and the title thereto has thus become vested in the state. 

 mWerd v. Slack, 84 Fed. 571. 



The grant of sections 16 and 36 by sees. 583-585, ante, was a present grant 

 which could not be and was not in any way curtailed by this later act : State 

 V. Whitney, 66 Wash. 473. 



The fact that the homesteader's entry and improvements upon school lands 

 had been made with the knowledge of the state, does not estop the state from 

 Claiming title thereto: State v. Whitney, 66 Wash. 473. 



SEC. 594. MANNER AND BASIS OF SELECTION. 



The lands appropriated by the preceding section shall be selected 

 from any unappropriated, surveyed public lands, not mineral in 

 character, within the state or territory where such losses or deficiencies 

 of school sections occur; and where the selections are to compensate for 

 deficiencies of school lands in fractional townships, such selections 

 shall be made in accordance with the following principles of adjust- 

 ment, to-wit: For each township, or fractional township, containing 

 a greater quantity of land than three-quarters of an entire township, 

 one section; for a fractional township, containing a greater quantity 

 of land than one-half, and not more than three-quarters of a township, 

 three-quarters of a section; for a fractional township, containing a 

 greater quantity of land than one-quarter, and not more than one-half 

 a township, one-half section; and for a fractional township containing 

 a greater quantity of land than the entire section, and not more than 

 one-quarter of a township one-quarter section of land: Provided, That 

 the states or territories which are, or shall be entitled to both the 

 sixteenth and thirty-sixth section in place, shall have the right to select 

 double the amounts named, to compensate for deficiencies of school land 

 in fractional townships. (Act Feb. 26, '59; 11 Stat. L., p. 385; sec. 

 2276 R. S.; amended, Act Feb. 28, '91; 26 Stat. L,., p. 797; 6 Fed. Stat. 

 Ann., p. 464.) 



This section originally read as follows : 



"SEC. 2276. The lands appropriated by the preceding section shall be selected, 

 within the same land district, in accordance with the following principles of 

 adjustment, to-wit : For each township, or fractional township, containing a 

 greater quantity of land than three-quarters of an entire township, one section ; 

 for a fractional township, containing a greater quantity of land than one-half, 

 and not more than three-quarters, of a township, three-quarters of a section ; for 

 a fractional township, containing a greater quantity of land than one-quarter, and 

 not more than one-half, of a township, one-half section; and for a fractional 

 township, containing a greater quantity of land than one entire section, and not 



