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Federal Land Grants to the States with Special Reference to Minnesota

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Federal Land Grants to the States with Special Reference to Minnesota This is a reproduction of a library book that was digitized by Google as part of an ongoing effort to preserve the information in books and make it universally accessible. https://books.google.com (Sty? lltiiwraitg of Htnttfaota STUDIES IN THE SOCIAL SCIENCES NUMBER 2 FEDERAL LAND GRANTS TO THE STATES WITH SPECIAL REFERENCE TO MINNESOTA BY MATTHIAS NORDBERG ORFIELD, LL.B., Ph.D. Sometime Instructor in Political Science in the University of Minnesota MINNEAPOLIS Bulletin of the University of Minnesota March 1915 UNIVERSITY OF MINNESOTA These publications contain the results of research work from various departtne of the University and are offered for exchange with universities, scientific societies, and other institutions. Papers will be published as separate monographs numbered in several series. There is no stated interval of publication. Application for any of these publications should be made to the University Librarian. STUDIES IN THE SOCIAL SCIENCES 1. Thompson and Warber, A Social and Economic Survey of a Rural Township in Southern Minnesota. April, 1913. 2. Matthias Nordberg Orfield, Federal Land Grants to the States, with Spec Reference to Minnesota. March, 1915. 3. Edward Van Dyke Robinson, Early Economic Conditions and the Develop ment of Agriculture in Minnesota. March, 1915. 4. L. D. H. Weld and Others, Studies in the Marketing of Farm Products. March, 1915. 5. Ben Palmer, Swamp Land Drainage, with Special Reference to Minnesota March, 1915. STUDIES IN THE PHYSICAL SCIENCES AND MATHEMATICS 1. Frankforter and Frary, Equilibria in Systems Containing Alcohol, Salts, and Water. December, 1912. 2, Frankforter and Kritchevsky, A New Phase of Catalysis. February, 1914. STUDIES IN ENGINEERING 1. George Alfred Maney, Secondary Stresses and Other Problems in Rigid Frames : A New Method of Solution. March, 1915. 2. Charles Franklin Shoop, An Investigation of the Concrete Road-Makir Properties of Minnesota Stone and Gravels. March, 1915. 3. Franklin R. McMillan, Shrinkage and Time Effects in Reinforced Concrete March, 1915. STUDIES IN THE BIOLOGICAL SCIENCES 1. Herbert G. Lampson, A Study on the Spread of Tuberculosis in Families. December, 1913. STUDIES IN LANGUAGE AND LITERATURE 1. Esther L Swenson, An Inquiry into the Composition and Structure of Ludus Coventriae; Hardin Craig, Note on the Home of Ludus Coventriae. October, 1914. 2. Elmer Edgax Stoll, Othello : An Historical arid Comparative Study. March 1915. CURRENT PROBLEMS 1. William Anderson, The Work of Public Service Commissions. November, 1913. 2. Benjamin F. Pittenger, Rural Teachers' Training Departments in Minnesota High Schools. October, 1914. 3. Gerhard A. Gesell, Minnesota Public Utility Rates. October, 1914. 4. L. D. H. Weld, Social and Economic Survey of a Community in the Red River Valley. February, 1915. 5. Gustav P. Warber, Social and Economic Survey of a Community in Northeast ern Minnesota. March, 1915. Untoratig of Hmn^aota STUDIES IN THE SOCIAL SCIENCES NUMBER 2 FEDERAL LAND GRANTS TO THE STATES WITH SPECIAL REFERENCE TO MINNESOTA BY MATTHIAS NORDBERG ORFIELD, LL.B, Ph.D. Sometime Instructor in Political Science in the University of Minnesota MINNEAPOLIS Bulletin of the University of Minnesota March 1915 THE NEW YORK I prPl.IC LIBRARY 750931 »SrOR, LtNOX AND TiLDtN FOUNDATIONS R 1iM6 t Copyright 1915 The University of Minnesota CONTENTS Preface 1 Introductory 3 Part I. Colonial Precedents 5-30 Chapter I. Land Grants for the Support of Common Schools 7 ' Chapter II. Land Grants for the Support of the Ministry 14 Chapter III. Land Grants for the Support of Seminaries and Colleges 18 Chapter IV. Land Grants for Military Purposes 22 Chapter V. Land Grants for the Promotion of Industries and Undertakings of Public Interest 25 Part II. Land Grants to the States and Territories 31-144 Chapter I. Origin of the Public Domain 33 Chapter II. Federal Land Grants for the Support of Schools 36 Origin and General Considerations 36 The Time of the Grant 42 The Amount of the Grant 42 The Beneficiaries of the Grant /j%-\£v.j.. 48 The Extent of National Control **.*.. %.,*•*, ,,£/*,,•*' .'.**" * Chapter III. Federal Land Grants for the Support of UinVefidties." . :,!".,";!,'.'. 53 * * , * - . * Origin and General Considerations .'. ' 53 ' " ',- The Time of the Grant *.-.-. :,/-,-;." .v. ."* 56 ' *,*,•;., is The Amount of the Grant 56 The Selection of the Land and the Extent of National Control 60 Chapter IV. The Salt Spring Land Grants 64 Origin and General Considerations 64 The Amount of the Grant 65 The Extent of National Control 70 Chapter V. The Public Building Lands 73 Origin and General Considerations 73 The Amount of the Grant 74 The Extent of National Control 76 Chapter VI. The Five Per Cent Fund 77 Origin and General Considerations 77 The Amount of the Grant 79 iii lv CONTENTS Chapter VII. The Conditions of the Federal Land Grants 83 Chapter VIII. Federal Land Grants for Internal Improvements 90 General Considerations 90 Federal Land Grants for Wagon Roads 90 Federal Land Grants for Canals and River Improvements , 93 The Internal Improvement Lands and the Distribution of the Proceeds 98 Federal Land Grants for Railroads 102 Origin and General Considerations 102 The Amount of the Grant 106 The Extent of National Control 108 The Desert Lands 110 Chapter IX. The Swamp Land Grants 112 Origin and General Considerations 112 The Selection of the Land 116 The Amount of the Grant 118 The Extent of National Control 118 Chapter X. Federal Land Grants for Agricultural Colleges 120 Origin and General Considerations 120 The Amount of the Grant 124 Chapter XI. The Authority of the Federal Government Over the Public Domain . 126 The Source and Extent of the Federal Authority Oyer the Public Domain. 126 Federal Lands Situated Outside of the Boundaries of Any State 127 The District « *of Cqlu'mBCi1." * * v ■ 127 Uru>d$^es LaflH Vntnin the Territories 128 F^'ftfl "Land's .Situate^ within the Boundaries of the States 129 Land , , , .<Wgijire>d*rwith">{be , , ,,, ^ , , Consent of the State <in which .... it is Situated. .. 129 Land Acquired vwthoWtbfConsent of the State in which it is Situated. 131 Lands KJwfl'e^Tjy 'the United States at the Time of the Admission of the State 131 There Being No Reservation of Political Authority 132 There Being a Reservation of Political Authority 132 Political Authority Having Been Ceded Back to the United States by the State 133 The Authority of the United States over Lands Disposed of Subject to Conditions 134 Grants upon Conditions Relating to the Use of the Land, hut Allowing Absolute Title to Pass to the Grantee 135 Grants upon Conditions Precedent 135 Grants upon Conditions Subsequent 135 Summary Concerning the Source and Extent of the Federal Authority over the Public Domain 136 CONTENTS v The Exercise of the Authority of the Federal Government over the Public Domain 136 Unreserved Portions of the Public Domain 137 Timber Lands and Forest Reserves 138 Game and Bird Preserves 140 National Parks 142 Military Reservations and Government Buildings 143 Part III. The Administration of the Public Lands in a Typical State, Minnesota. 145-255 Chapter I. General Survey of the Land Grants to Minnesota 147 Chapter II. The Appraisal, Sale and Lease of the State Lands 153 The Mode of Appraisal, Lease and Sale 153 The Mode of Appraisal 156 The Leasing of State Land 157 Manner of Conducting the Sale 159 Minimum Price 160 Terms of Payment and Rate of Interest 161 Maximum Purchase and Required Improvements 163 Special Provisions with Reference to Timber Lands 163 Right of Way Grants to Railroads 164 The Collection of the Money Due on State Land Contracts 164 The Reservation of Mineral Rights on State Lands 164 Placing the Lands on the Market 165 Survey of the Land Sales and the Present Status of the Grants 166 Chapter III. The Administration of the Timber Lands 168 The Sale of State Timber 169 The Prevention of Trespass 176 The Prevention and Control of Forest Fires 179 Chapter IV. The Chippewa Half -Breed Scrip 189 Chapter V. Frauds in the Administration of the Timber Lands of Minnesota. 207 Chapter VI. Special Problems of the Mineral Lands 219 Chapter VII. The Loss of the Mountain Iron Mine 229 Chapter VIII. The Investment and Protection of the Permanent Trust Funds. 235 Chapter IX. Early Finances of the University and the University Lands 245 Bibliography 256 PREFACE In the preparation of this monograph valuable assistance has been re ceived from many sources. It will not be possible to acknowledge all of these favors separately, but they are nevertheless remembered with grati tude. Most of all I am indebted to Professor William A. Schaper, of the De partment of Political Science of the University of Minnesota. The investi gation was begun at his suggestion and pursued for four years under his supervision, which has been a constant source of inspiration. I am in debted to him for numerous valuable suggestions in regard to the form and subject matter of the monograph and for guidance in locating source material. I cannot overstate what I owe to his assistance. Among other members of the faculty of the University of Minnesota to whom I am indebted for valuable suggestions, I wish to mention especially Mr. Cephas D. Allin and Mr. J. S. Young, of the Department of Political Science. Most of the material has been found in the Library of the University of Minnesota, the Minnesota State Library at St. Paul, the Minnesota State Historical Library at St. Paul, and the office of the State Auditor. The help received from the staffs of these libraries and from State Auditor Iverson and his assistants is gratefully acknowledged. Funds granted by the legislature for the prosecution and publication of research work have made it possible to place the results of this study at the disposal of those interested.
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