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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.)

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Of divorced wife against former husband's
claim for abandonment permissible........ 89
HOMESTEAD.

Homestead entry not the proper subject
of, seven years after date of entry.......... 112
PRE-EMPTION.

Not allowed against a filing by a stranger
to the record......

.435, 446

469

Against pre-emption filing prior to the
offer of final proof premature.....

Local office may not direct, as between
pre-emptor and timber-culture claimant... 481
TIMBER CULTURE.

Forms for use in beginning........

Rules governing homestead, are applicable
in timber culture......

653

132

Will not lie unless initiated before the de-
fault is cured....
...... ... ... ... ... ... ... ... ....142, 146
Right of, not limited to one person or one
contest, if the prior suit has been disposed of. 132
Allegations of non-compliance must be
established to warrant cancellation.....129, 153
No authority for, in the absence of appli
cation to enter.......
.....152, 160, 626
Section 3, act of June 14, 1878, not in con-
flict with section 2, act of May 14, 1880. A
contestant under the later law is defined by
the earlier......

........160, 626

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655

687

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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
May 14, 1880

Cannot transfer right of contest...
As defined by the act of June 14, 1878.... 160
PREFERENCE RIGHT.

Rests upon the establishment of allega.
tions.

Contest.

See Contestant, Practice.

103

GENERALLY.

The Government a party in interest..... 76
But one allowed at a time.....
Second not allowed till final determina-
tion of first................
...132, 155

Acquired by successful contestant, can-
not be assigned.
...42, 76, 486

36

93

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Section 2, act of May 14, 1880, construed
with the act of March 3, 1879......

Right of successful, does not operate to
reserve the land during the period allowed
for the exercise of such right ...........162, 486
Without the right of contest under the
timber-culture law there can be no prefer-
ence right acquired ......

626

Should not be deprived of the results of
his contest unless there are controlling rea.
sons why the entry should not be canceled 77
Is not accorded for successful contest
againt timber-culture entry for illegality .. 421
Awarded without respect to the allega.
tions on which the contest was initiated ..... 145

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