juncture of rivers, important portages, or any natural or productive centers of population. 9th. Then there is the act of March 1, 1817, vol. 3, page 347, conferring authority on the Secretary of the Navy, under the direction of the President of the United States, to reserve live oak and red cedar lands, with penalty for cutting and destroying trees. March 2, 1831, another act was passed extending the interdict against spoliation. The supreme court in the case of United States v. Briggs, 9 Howard, considered this statute as authorizing the protection of all timber on public lands, and punished for trespass. That the power resides in the Executive from an early period in the history of the country to make reservations has never been denied either legislatively or judicially, but on the contrary has been recognized. It constitutes in fact a part of the land office law, exists ex necessitate rei, as indispensable to the public weal, and in that light, by different laws enacted as herein indicated, has been referred to as an existing undisputed power too well settled ever to be disputed. PROVISIONS OF LAW. IN REFERENCE TO THE AUTHORITY OF THE PRESIDENT TO MAKE RESERVATIONS OF THE PUBLIC LANDS. April 12, 1792.-Fort Washington for the accommodation of a garrison at the fort. Vol. 1, p. 252. March 26, 1804, Sec. 6.-Salt Springs in Indiana Territory, with con. tiguous sections. Vol. 2, p. 280. April 21, 1806, Sec. 11.-Public lands in the W. Territory of Orleans, may reserve from sale for schools, seminary, salt spring. U. S. Laws vol. 2, p. 394. March 31, 1807, Sec. 5.-Lead mines in Indiana Territory, which were excepted in the President's proclamation of November 19, 1807, for the sale of public lands in Indiana Territory. U. S. Laws, vol. 2, p. 449. February 10, 1811, Sec. 10.-In Territory of Louisiana, school, seminary, salt springs, lead mines. Vol. 2, p. 621. March 3, 1811, Sec. 10.-In Territory of Louisiana, schools, seminary, salt springs, lead mines. Vol. 2, p. 665. March 3, 1815, Sec. 5.-Part land south of the State Tennessee, for sale, except reservations for schools, etc. Vol. 3, p. 229. March 5, 1816, Sec. 1.-In Indiana Territory, salt springs, lead mines, school sections. Vol. 3, p. 257. May 29, 1830, Sec. 4.-No pre-emption attaches to any land which is reserved from sale by act of Congress or by order of the President, or which may have been appropriated for any purpose whatever. Vol. 4, p. 421. June 28, 1832, Sec. 1.-Lots and building in Saint Augustine and Pensacola for public purposes. Vol. 4, p. 550. June 26, 1834, Sec. 4.-Sale of public lands in Illinois, Missouri, and Wisconsin, except school and such other reservations as the President shall retain for military posts, any law of Congress heretofore existing to the contrary notwithstanding. Vol. 4, p. 687. March 3, 1863, vol. 12, p. 754.-Town sites on the shores of harbors, at the junction of rivers, important portages, or any natural prospective centers of population. March 3, 1863, vol. 12, p. 819.-Reservation for Indians. April 8, 1864, vol. 13, p. 39.-Indian reservation in California. October 21, 1869, vol. 18, p. 689.-President may reserve military posts and set aside permanent reservations. (See Grisar v. McDowell, 6 Wallace Reports, p. 381, relative to rights of the President to reserve parcels of lands.) Of divorced wife against former husband's Homestead entry not the proper subject Not allowed against a filing by a stranger .435, 446 469 Against pre-emption filing prior to the Local office may not direct, as between Forms for use in beginning........ Rules governing homestead, are applicable 653 132 Will not lie unless initiated before the de- ........160, 626 655 687 Contestant. See Entry. Commissioner of the General Land Office. See Land Department. Commutation, See Final Proof, Homestead. ....... 76 76 Right of first, recognized by the act of Cannot transfer right of contest... Rests upon the establishment of allega. Contest. See Contestant, Practice. 103 GENERALLY. The Government a party in interest..... 76 Acquired by successful contestant, can- 36 93 Section 2, act of May 14, 1880, construed Right of successful, does not operate to 626 Should not be deprived of the results of |