TIMBER CUTTING ON MINING CLAIMS. 191 



SCHOOL LANDS IN FOREST RESERVES. 



Where a forest reservation includes within its limits a school sec- 

 tion surveyed prior to the establishment of the reservation, the 

 State, under the authority of the first proviso to section 2275, 

 Revised Statutes, as amended by the act of February 28, 1891, 

 may be allowed to waive its right to such section and select 

 other land in lieu thereof. 



The decision herein of December 27, 1894, 19 L. D., 585, recalled 

 and vacated. 



Instructions of December 19, 1893, 17 L. D., 576, modified. (State 

 of California, 28 L. D., 57.) 



By the act of June 21, 1898, a grant, inprsesenti, of school lands is 

 made to the Territory of New Mexico; and under the provi- 

 sions of section 2275, Revised Statutes, as amended by the act 

 of February, 28, 1891, said Territory may relinquish its claim 

 to such school sections as it may be entitled that are included 

 within the limits of a forest reserve, and select other lands in 

 lieu thereof. (Territory of New Mexico, 29 L. D., 365. ) 



Section 11 of the act of February 22, 1889 (25 Stat., 676-680 affect- 

 ing North Dakota, South Dakota, Montana, and Washington 

 only), withheld sections 16 and 36 from entry under the land 

 laws, whether surveyed or unsurveyed, in consequence of 

 which provision they ceased to be "public lands" in the 

 sense used in section 24 of the act of March 3, 1891 (26 

 Stat., 1095), authorizing the establishment of forest reserves. 

 (South Dakota r. Hiram H. Ruby. Unpublished decision of 

 Secretary of the Interior, dated May 21, 1904. ) 



Unsurveyed sections 16 and 36, embraced in land withdrawn for 

 a forest reserve by proclamation dated September 28, 1893, 

 plat of survey of which was approved January 13, 1894, and 

 filed in local land office October, 1894, do not become prop- 

 erty 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 Lumber Co. ex parte. De- 

 cision "R" of Commissioner of the General Land Office, 

 unpublished, dated February 28, 1906. ) 



TIMBER CUTTING OX MINING CLAIMS. 



An occupant of a mineral claim, who has applied for a patent, has 

 no right, before the purchase price is paid and he receives a 

 certificate, to cut the timber on such claim with intent to ex- 

 port or remove the same, and a license from him to so cut the 

 timber is no protection to the licensee as against the Govern- 

 ment. 



