HISTORY AND LEGAL BASIS. 29 



exceeding 50 years upon the public lands, national forests, and reser- 

 vations for poles and lines for the transmission and distribution of 

 electrical power, to the extent of. 20 feet on each side of the center 

 line. 



Mining and milling.— The, act of February 1, 1905 (33 Stat., 628), 

 grants rights of way within or across national forests for dams, 

 reservoirs, water plants, ditches, flumes, pipes, tunnels, and canals 

 for mining purposes and for the purposes of the milling and reduc- 

 tion of ores. Outside of the national forests the use of similar rights 

 of way for these purposes may be made only under revocable permit 

 under the act of February 15, 1901. 



Municipal iises. — Rights of way for municipal use for procuring 

 water supply or for developing power may be obtained within a 

 national forest under the act of February 1, 1905, and outside of the 

 forests under the act of February 15, 1901. 



LAND GRANTS. 

 GBANTS TO STATES. 



In aid of schools and State institutions. — ^The Continental Con- 

 gress, about the year 1785, declared that to each State created out of 

 the public domain there should be given a certain portion of each 

 township in the State, the proceeds derived therefrom to be used for 

 public education. Accordingly, when the first State, Ohio, was ad- 

 mitted into the Union from the public domain, April 30, 1802 (2 

 Stat., 173), sec. 16 of each township was granted for the estab- 

 lishment of a school fund. As other States have been admitted this 

 practice has been deviated from only in adding to the acreage 

 granted. Sec. 16 has been a school section in every public-land 

 State; to this sec. 36 has been added in many States, and in some 

 States sees. 2, 32, and 36. The title of the State to these sections 

 attaches immediately upon survey, unless the lands are at that date 

 known to be mineral in character or are included in a valid settle- 

 ment or other claim under the public-land laws or are within a forest, 

 military, Indian, or other reservation. In any of these contingen- 

 cies the State does not obtain title, but may select an equal area of 

 nonmineral lands elsewhere. These are known as indemnity lands. 

 As a rule they are not at once selected by the States but are selected 

 only as the demand for specific lands arises. 



In addition to granting school lands in place and their associated 

 indemnity lands, Congress has made to certain States "quantity 

 grants " — that is, grants of specified quantities of nonmineral lands 

 wherever the State may choose to select them — in aid of State insti- 

 tutions, such, for example, as insane asylums. Selection rights under 

 these grants, like those under the indemnity lists, are as a rule exer- 



