344 ACTS OF CONGRESS 



SEC. 604 SELECTIONS CONFIRMED. 



SEC. 2. Where any lands appropriated by Congress to said territory 

 to compensate deficiencies for school purposes, where sections sixteen 

 or thirty-six were fractional in quantity, or where one or both were 

 wanting by reason of the township being fractional, or from any natural 

 cause whatever, or where section sixteen or thirty-six were patented 

 by preemptors, have been selected and appropriated as provided in said 

 act of Congress of February twenty-sixth, eighteen hundred and fifty- 

 nine, the lands so selected and appropriated, when the same shall have 

 been approved by the Secretary of the Interior, shall be deemed and 

 taken to have been granted to said State of Washington by said section 

 583, and the title thereto confirmed. (Act Dec. 18, '02; 32 Stat. L,., p. 

 756; 6 Fed. Stat. Ann., p. 490; Comp. Stat, '11 Supp., p. 590.) 



Procedure for confirming sales by territorial authorities : sec. 416 et seq., ante. 

 See, also, Const., Art. XVI, sec. 2, ante. 



The act of Feb'y 26, 1859, referred to in this section is set out in notes 

 to sees. 593-594, ante. 



Sections 16 and 36 granted to the territory by sec. 578, ante, and lieu lands 

 selected under sees. 593, 594, ante, were confirmed to the state by the Enabling 

 Act : State v. Johanson, 26 Wash. 668 ; affirmed, 190 U. S. 179. 



SEC. 604. TITLE AND PATENTS UNDER GRANTS TO STATE. 



Where lands have been or may hereafter be granted by any law of 

 Congress to any one of the several states and territories, and where 

 such law does not convey the fee-simple title to the lands, or require 

 patents to be issued therefor, the list of such lands which have been or 

 may hereafter be certified by the Commissioner of the General Land 

 Office, under the seal of his office, either as originals or copies of the 

 originals or records shall be regarded as conveying the fee-simple of all 

 the lands embraced in such lists that are of the character contemplated 

 by such act of Congress, and intended to be granted thereby; but where 

 lands embraced in such lists are not of the character embraced by such 

 acts of Congress, and are not intended to be granted thereby, the lists, 

 so far as these lands are concerned, shall be perfectly null and void, 

 and no right, title, claim, or interest shall be conveyed thereby. (Act 

 Aug. 3, '54; 10 Stat. L. 346; sec. 2449 R. S.; 6 Fed. Stat. Ann., p. 515.) 



Cited: 116 U. S. 380 (29 L. Ed. 593) ; 119 U. S. 327 (30 L. Ed. 408) ; 

 120 U. S. 366 (30 L. Ed. 675) ; 166 U. S. 493 (41 L. Ed. 1090) ; 211 U. S. 

 70 (53 L. Ed. 92) ; 67 Fed. 226 ; 94 Fed. 983 ; 112 Fed. 4 ; 200 Fed. 272 ; 1 

 Land Dec. 496 ; 2 L. D. 457, 496 ; 14 L. D. 333 ; 23 L. D. 343, 460 ; 24 L. D. 

 228, 364, 396 ; 25 L. D. 22 ; 26 L. D. 96, 630 ; 27 L. D. 329 ; 33 L. D. 17. 



