Hon. REED SMOOT, DEPARTMENT OF THE INTERIOR, Washington, May 24, 1912. Chairman Committee on Public Lands, United States Senate. SIR: I am in receipt, through reference from your committee, for information as to the law and the facts in relation thereto and such suggestions as I may see fit to offer, of Senate bill No. 5885, being a bill supplementing the joint resolution of Congress approved April 30, 1908, entitled "Joint resolution instructing the Attorney General to institute certain suits, etc." This bill has been the subject of repeated conferences between this department and the Attorney General, which has been the cause of delay in making report thereon, and as a result of such conferences I have no objection to offer to the provisions of the bill excepting those authorizing a compromise, which are found in section 6 of the proposed bill. Respecting this section, I have to recommend that it be amended so as to read as follows: "SEC. 6. That the Attorney General is hereby authorized, with the written assent of the Secretary of the Interior, to compromise by written stipulation with one or more of the defendants in any suit or suits heretofore or hereafter instituted pursuant to the provisions of said joint resolution approved April thirtieth, nineteen hundred and eight, involving lands sold and conveyed, or agreed to be sold and conveyed, by said Oregon and California Railroad Company prior to September fourth, nineteen hundred and eight, upon such terms as may appear to be just and equitable, taking into consideration in adjusting such terms all the facts and circumstances respecting the purchase of said lands and the use, occupation, and improvement thereof. Such stipulation may provide that a decree shall be entered in said suit adjudging that the lands involved therein have been and are forfeited to the United States, and that such lands or any part thereof, or any right or interest therein or in any part thereof, may, after the entry of such decree of forfeiture, be repurchased from the United States by such defendant or defendants upon the terms and conditions agreed upon in such stipulation. "If the defendant or defendants designated in said stipulation, his or their successors or assigns, shall within three months from the entry of said decree file with the Secretary of the Interior a certified copy thereof and duly comply with the terms and conditions of the stipulation aforesaid, the Secretary of the Interior shall forthwith cause a patent or patents to be issued conveying all of the right, title, and interest of the United States in and to such land or such part thereof or such right or interest therein as may be repurchased from the United States under such stipulation, and such patent or patents shall be in all respects in accordance with the terms of such stipulation. Provided, however, That the provisions of this section shall not apply to any lands that have not been heretofore patented to said Oregon and California Railroad Company." Very respectfully, SAMUEL ADAMS, First Assistant Secretary. О EXCHANGE OF SCHOOL LANDS. JULY 16, 1912.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed. Mr. RAKER, from the Committee on the Public Lands, submitted the following REPORT. [To accompany H. R. 25738.] The Committee on the Public Lands, to whom was referred the bill (H. R. 25738) to authorize the Secretary of the Interior to exchange lands for school sections within an Indian, military, national forest, or other reservation, and for other purposes, having had the same under consideration, report it back without amendment and with the unanimous recommendation that the bill do pass. This legislation is recommended by the Department of the Interior, the Department of Agriculture, and the Department of Justice, and also the authorities of the State of California, and also by the legislature of the State of California, which is for the purpose of carrying out an adjustment and settlement made between the Land Department and the authorities of the State of California and confirmed by the legislature of that State. This legislation is necessary and is urged by the Department of the Interior as well as by the authorities of the State of California, as will appear from the hearings had before the committee on H. R. 19344. The committee has had full hearings upon the matter involved in this bill, which hearings have been printed. The hearings applied to H. R. 19344, the provisions of which are incorporated in this bill with the amendments, which amendments are recommended by the various departments. The reports of the Department of the Interior, the Department of Justice, and the Department of Agriculture, and a copy of the act of the Legislature of the State of California and reports of the Attorney General and Surveyor General upon the State follow. By request the chairman of the Public Lands Committee submitted the matter to the Department of the Interior under bill H. R. 25738, and on July 15, 1912, Mr. Samuel Adams, First Assistant Secretary, Department of the Interior, made the following report: DEPARTMENT OF THE INTERIOR, Hon. JOSEPH T. ROBINSON, Washington, July 15, 1912. Chairman Committee on Public Lands, House of Representatives. SIR: Surveyor Gen. Kingsbury, of the State of California, has left with me a copy of H. R. 25738, being "A bill to authorize the Secretary of the Interior to exchange lands in school sections within an Indian, military, national forest, or other reservation, and for other purposes. This bill is identical with H. R. 19344, as amended, with the following additional proviso: "Provided further, That this act shall not be construed to authorize the approval of selections embracing lands withdrawn as mineral under the act of June twenty-fifth, nineteen hundred and ten, entitled 'An act to authorize the President of the United States to make withdrawals of public lands in certain cases' (Thirty-sixth United States Statutes at Large, pages eight hundred and forty-seven to eight hundred and forty-eight), until such lands have been found to be nonmineral and for that reason restored, but nothing herein contained shall prevent a limited approval, when the lands are within only a coal withdrawal, excluding from the approval coal deposits." H. R. 19344 has been the subject of a previous report by this department. With respect to the additional amendment, I have to report that as amended it is but declaratory of the policy of this department respecting action upon indemnity school land selections. Such a selection is not effective until approved, and until such approval the lands selected may be set apart or appropriated for any public use, and their character, as to mineral or otherwise, is open to inquiry and investigation. Departmental approval is never given to an indemnity selection so long as the lands remain withdrawn or are under investigation as to their mineral character. The department, while believing the amendment to be unnecessary, sees no serious objection to its incorporation into the pending measure if thought advisable. It was stated to me by Gen. Kingsbury that the committee was favorable to the bill in its amended form, but desired, before taking final action thereon, to be advised as to the views of this department, and I am making this report at this time without a formal reference from your committee in order to facilitate action upon the measure. Very respectfully, SAMUEL ADAMS, First Assistant Secretary. On the request of Mr. Raker, member of the Committee on the Public Lands, the proposed amendment to H. R. 19344 was submitted to Hon. Walter L. Fisher, Secretary of the Interior, which amendment is included and made a part of this bill and thereby H. R. 25738 was introduced, which report is as follows: Hon. JOHN E. RAKER, House of Representatives, Washington, D. C. DEPARTMENT OF THE INTErior, SIR: At your informal request, I have considered the advisability, from a governmental standpoint, of accepting the following proposed amendment to H. R. 19344, namely: "And provided further, That this act shall not be construed to authorize the approval of selections embracing lands withdrawn as mineral under the act of June twentyfifth, nineteen hundred and ten, entitled 'An act to authorize the President of the United States to make withdrawals of public lands in certain cases' (Thirty-sixth United States Statutes at Large, pages eight hundred and forty-seven and eight hundred and forty-eight) until such lands have been found to be nonmineral and for that reason restored; but nothing herein contained shall prevent a limited approval, when the lands are within only a coal withdrawal, excluding from the approval coal deposits." Responding thereto, I have to say that this amendment is but declaratory of the uniform policy of this department respecting action upon pending indemnity school selections of any character whatsoever. It is the ruling of this department that such a selection is not effective until approved, and that until such approval the lands sought to be selected may be appropriated for any public use, and the character of the selected lands is open to inquiry and investigation. It follows, therefore, that approval is never given to an indemnity selection so long as the lands may be withdrawn or are under investigation as to their mineral character, and in event the lands are found to be mineral the selection is canceled. The department, therefore, while believing the amendment to be unnecessary, sees no objection to its incorporation in the pending measure, if thought advisable, Very respectfully, WALTER L. FISHER, Secretary. The following telegrams passed between W. S. Kingsbury, surveyor general of the State of California, and M. C. Glenn, deputy attorney general, and Mr. Raker and the Hon. U. S. Webb, attorney general. The telegram of Mr. Raker is the same as that of Mr. Kingsbury and the attorney general's telegram is that hereafter set out: M. C. GLENN, Deputy Attorney General, Sacramento, Cal.: WASHINGTON, D. C., July 8, 1912. Is this amendment drawn by Clements, approved by Raker, Rankin, and myself, satisfactory? “That this act shall not be construed to authorize the approval of selections embracing lands withdrawn as mineral under the act of June twenty-fifth, nineteen hundred and ten, until such lands have been found to be nonmineral and for that reason restored; but nothing herein contained shall prevent a limited approval, when the lands are within only a coal withdrawal, excluding from the approval the coal deposits." Please wire early answer. Hon. W. S. KINGSBURY, New Willard Hotel, Washington, D. C.: W. S. KINGSBURY. SACRAMENTO, CAL., July 9, 1912. I think the proposed amendment is satisfactory. Even without this amendment the Secretary would not approve selections of land embracing lands withdrawn until the mineral character of the land is established, and proposed amendment simply states such facts. M. C. GLENN, Deputy Attorney General. SAN FRANCISCO, CAL., July 9, 1912. Hon. J. E. RAKER, M. C., Washington, D. C.: to me. In relation to that part of the bill found on page 3, commencing with the word "Provided," in line 4, down to and including the word "established," in line 10, submitted to the Department of Justice, the following report was made thereon: DEPARTMENT OF JUSTICE, Washington, D. C., June 14, 1912. My Dear Mr. RAKER: I read with much interest your report No. 566 on H. R. 19344, as amended. The title of the bill is "to authorize the Secretary of the Interior to exchange lands for the school sections within an Indian, military, national forest, or other reservation, and for other purposes.". The department addressed the chairman of the Public Lands Committee concerning this measure February 7, 1912, and its letter is included among the documents printed in your report. That, however, was before the amendments were suggested. I desire now to call your attention to the fact that by the introduction of the proviso a distinction appears to have been drawn between national forests and other reservations which evidently was not intended and which should be corrected. The bill as amended provides that any approved exchange shall restore full title in the United States to the base land, etc The proviso then enacts that such base lands so restored, when situate within the exterior boundaries of national forests, shall immediately become part thereof. This leaves in some doubt whether lands situate within an Indian or some other reservation than a forest reservation would also become a part of that reservation upon being restored, or would become public land open to entry as such. There is no more reason, I think, for protecting the forests in this respect than for protecting the Indian, military, or other reservations. Indeed, I feel, and I think your committee will agree with me, that where the interests of the Indians are concerned particular care should be taken to see to it that they suffer no harm. Consequently I suggest that the proviso be amended so as to read as follows: Provided, That upon completion of the exchange, the lands relinquished, reconveyed, or assigned as base lands, shall immediately become a part of the reservation within which they are situate, and in case the same shall be found within the exterior limits of more than one reservation they shall become a part of that reservation which which was first established. Respectfully, ERNEST KNAEBEL (For the Attorney General), Assistant Attorney General. The following letter was addressed to the members of the committee relating to the last proviso of the bill, commencing on line 10, page 2: Hon. JOHN E. RAKER, House of Representatives. JULY 11, 1912. DEAR SIR: You will recall that sometime ago I communicated with you concerning H. R. 19344, a bill "to authorize the Secretary of the Interior to exchange land for school sections within an Indian, military, national forest, or other reservations, and for other purposes." At that time I was urging objections of mineral claimants, in California particularly, to the bill, because it appeared that if passed in the language in which it was introduced it would be very injurious to their rights under the act of June 25, 1910 (36 Stat., 847). I now desire to inform you that Hon. W. S. Kingsbury, surveyor general of the State of California, and myself, representing the mineral claimants, have reached an agreement as to an amendment which will be satisfactory to all parties. It is as follows: "And provided further, That this act shall not be construed to authorize the approval of selections embracing lands withdrawn as mineral under the act of June twentyfifth, nineteen hundred and ten, entitled, 'An act to authorize the President of the United States to make withdrawals of public lands in certain cases' (Thirty-sixth United States Statutes at Large, pages eight hundred and forty-seven to eight hundred and forty-eight) until such lands have been found to be nonmineral, and for that reason restored; but nothing herein contained shall prevent a limited approval when the lands are within only a coal withdrawal, excluding from the approval coal deposits.' This amendment was prepared in the Interior Department and has the approval of the Secretary. The mineral claimants will therefore have no objection to the passage of the bill, provided the foregoing amendment is added. As a matter of fact, the mineral claimants believe that the bill should pass, as it contains measures for the protection of the general interest of the State of California, and it is hoped that you can cooperate to the end that it may be enacted during the present session. Yours, very truly, JOHN M. RANKIN. While the bill H. R. 19344 was under consideration, bill H. R. 25738 was intended to take its place, and the following report was made thereon by the first assistant attorney of the Department of the Interior: Hon. JOHN E. RAKER, House of Representatives. MAY 16, 1912. SIR: In accordance with your letter of the 13th instant, I submit the following respecting H. R. 19344, being a bill to authorize the Secretary of the Interior to exchange lands in school sections within an Indian, military, national forest, or other reservation, and for other purposes." |