76 LAWS APPLICABLE TO THE NATIONAL FORESTS. 



supply of water has been actually used on said lands in a manner to 

 prove the beneficial results. (Id.) 



SCHOOL LANDS— DECISIONS. 



Title to school sections does not pass until approval of the survey 

 by the General Land Office and a withdrawal for National Forest 

 purposes, between the date of actual survey in the field and the date 

 of such approval, prevents the vesting of the State's title. (F. A. 

 Hvde. 37 L. D.. 164 : Black Hills National Forest (S. Dak.) , 37 L. D.. 

 169: State of Montana. 38 L. D., 247; State of Oregon. 41 L. D.. 259.) 



This doctrine followed bv the Federal courts in the cases of United 

 States v. Cowlishaw. 202 Fed., 317; Cobban v. Hyde. 212 Fed.. 480; 

 Sawver v. Osterhaus. 212 Fed., 765; dissenting opinion, Judge Gil- 

 bert.' Morrison v. United States (C, C. A.), 212 Fed.. 29. 37; contra 

 Morrison v. United States (C. C. A.), 212 Fed., 29; decision of the 

 Supreme Court of Washington in State v. Whitney. 120 Pac. 116; 

 dictum of the Supreme Court of Idaho in Balderson v. Brady, 107 

 Pac. 493. (See also Hevdenfelt v. Danev. 93 U. S., 634: Minnesota v. 

 Hitchcock, 185 U. S., 373; U. S. v. Bonners Ferrv Lumber Co., 184 

 Fed.. 187; U. S. v. Montana Lumber Co., 196 U. S.. 573.) 



While the trust created by a compact between the States and the 

 L T nited States that section 16 be used for school purposes is a sacred 

 obligation imposed on the good faith of the State, the obligation is 

 honorary and the power of the State, where legal title has been vested 

 in it. is plenary and exclusive. (Alabama v. Schmidt. 232 U. S., 168.) 



Fluids received by the Territory of Xew Mexico for leases of sec- 

 tions 16 and 36 during the period from June 20, 1910, the date of the 

 enabling act, to January 6. 1912, the date of statehood, belong to the 

 United States subject to the proportionate share of the State. (2 Op. 

 Sol.. 1080.) 



School sections surveyed before inclusion within the boundaries of 

 a National Forest have vested in the State, and are not affected by 

 the forestry proclamation. The State is not empowered to select 

 other lands in place of such sections under Eevised Statutes, sections 

 2275. 2276. as amended bv the act of Februarv 28, 1891. (Hibberd v. 

 Slack, 84 Fed., 571.) 



Lnder the grunts to Xorth and South Dakota, Montana, and Wash- 

 ington (act Feb. 22, 1889, 25 Stat.. 676), the States take no right 

 until the lands are surveved. (Clemmons v. Gillette. 33 Mont.. S21: 

 83 Pac, 879.) 



The State of Idaho can not authorize the cutting of timber from 

 unsurveved school sections. (LTnited States v. Bonners Ferrv Lumber 

 Co., 184 Fed., 187.) 



The acts of Congress ;; reserving" sections 16 and 36 for the Terri- 

 tory of Arizona cfid not vest any title in the Territory, even after 

 survey, but such sections remain subject to the plenary power of dis- 

 posal by Congress. (2 Sol. Op., 793.) 



The provisions in the enabling act of Xew Mexico that the grants 

 of sections 2. 16. 32. and 36 within National Forests shall not vest 

 title in the State while the Xational Forests continue to exist, and 

 that said sections " shall be administered as a part of said forests." 

 fixes and controls the status of all these sections, notwithstanding 



