THE USE BOOK. 279 



lect other lands in lieu thereof. (Territory of New Mexico, 

 29 L. D., 365.) 



[NOTE. Certain provisions of act Feb. 28, 1901, were first 

 extended to New Mexico by act March 16, 1908 (Public, 56).] 



Unsurveyed sections 16 and 36 [in Oregon], embraced in land 

 withdrawn for a forest reserve by proclamation dated Sep- 

 tember 28, 1893, plat of survey of which was approved Jan- 

 uary 13, 1894, and filed in local land office October, 1894, do 

 not become property of State upon survey, but are a part of 

 the forest reserve, and should be administered free from the 

 claim of transferees of the State of Oregon. (Curtis Lum- 

 ber Co., c.r imrtc. Decision " R " of Commissioner of the 

 General Land Office, unpublished, dated February 28, 1906.) 



Under the grant of sections 16 and 36 made to the State of 

 South Dakota for school purposes by the act of February 

 22, 1889, the State takes no vested interest or title to any 

 particular land until it is identified by survey, and prior to 

 such identification the grant, as to any particular tract, 

 may be wholly defeated by settlement, the State's only rem- 

 edy in such case being under the indemnity provisions of 

 said act and of the act of February 28, 1891, amending sec- 

 tions 2275 and 227C, of the Revised Statutes. (State of 

 South Dakota v. Riley, 34 L. D., 657.) 



[NOTE. This decision applies also to North Dakota, Montana, 

 and Washington. The grant to Idaho and Wyoming was in the 

 same terms, as was the grant of sections 2, 16, 32, and 36 to 

 Utah. That these States, notwithstanding the language of their 

 enabling acts as to the reservation of unsurveyed lands for 

 school purposes, take no rights until the sections are identified 

 by survey, is held by the supreme court of Montana in the case 

 of rieininons r. Gillette (33 Mont., 821; 83 Pac. Rep., 879), and 

 by the attorney-general of Montana in his letter of June 17, 

 1907, to Mr. John P. Schmidt, register of the State land board.] 



The title of the State [of South Dakota] to sections 16 and 30, 

 by virtue of the grant for school purposes made to the 

 several States named therein by the act of February 22, 

 1889, is not affected by the inclusion of the lands within 

 a forest reserve prior to survey ; but the State may, if it 

 does not desire to await the termination of the forest re- 

 serve, select other lands in lieu of those included therein, 

 and approval of such indemnity selections will operate as 

 a complete extinguishment of all title in the State to the 

 lands in place made the basis therefor. (35 L. D., 158.) 



