ANTI-CONSERVATION ACTIVITY 177 



rule that no portion of the public domain was subject to disposal until 

 after survey, and the statute had not specifically authorized the selec- 

 tion of unsurveyed lands. The following year, his successor, Hitch- 

 cock, reversed this decision, however, and held that both surveyed and 

 unsurveyed land might be selected under the act, on the ground that 

 the statute made no distinction between surveyed and unsurveyed 

 lands, and contained no words which indicated any intention on the 

 part of Congress to limit selection to surveyed lands. Secretary Hitch- 

 cock considered the language "so clear and explicit as to leave no 

 room for construction. "^° Whatever may be said as to the logic of this 

 decision, it was most unfortunate in its results. The right to select 

 from unsurveyed lands was a benefit mainly to railroad companies. 

 It could be of little use to settlers, because they would not only have 

 to select lieu lands, but, in order to get title, would have to reside 

 upon them until surveys could be made.^^ 



Private holdings within the forest reserves were of three general 

 classes : first, those of settlers who had gained title through the various 

 settlement laws ; second, those in which the title was acquired through 

 the state by the various educational grants ; and third, railroad lands, 

 or lands acquired from the land grant railroads, wagon roads, etc.^^ 



Of these three classes of lands, the first, comprising those owned 

 by settlers, was of no great area or importance, although, in actual 

 numbers, these holdings exceeded the other two combined. The second 

 class, the state school lands, included sections 16 and 36 in each town- 

 ship, in all of the states except Utah, where sections 2, 16, 32, and 36 

 were granted, but it is uncertain how much of these school lands was 

 used as basis for lieu selections. In some cases. Congress had imposed 

 restrictions or conditions as to the disposition of the lands, and in 

 some of the states the provisions regarding their disposition were such 

 that they could not be used as basis ; yet, in some of the states, notably 

 in California and Oregon, these school lands were available in con- 

 siderable amounts, and "school land scrip" was a recognized article 

 of trade among the timbermen and speculators. It has been stated that 

 California, while under "Southern Pacific government," sold most of 



30 "Land Decisions," 27, 472 ; 28, 284. 



31 H. Report 1700; 56 Cong. 1 sess. 



32 H. Report 2233; 58 Cong. 2 sess. 



