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pledge, and is ineffectual as to a grant, without further legislation. This theory is supported by the debate on the bill, in the House of Representatives, which appears on pages 1897, 1898, 1899, of the Congressional Globe, Thirty-ninth Congress, first session.
Furthermore, we wish again to refer you to Bulletin No. 13, 1929, Department of the Interior, Bureau of Education, which contains a report for the year ending June 30, 1928, and point out that Arizona, which came in as a State at the same time that Oklahoma did, reports receipts under the land grant act of 1862, as well as receipts of income from other land-grant funds. It is our contention that the receipts of income from other Federal land-grant funds for Arizona correspond to the two Federal land-grant funds that Oklahoma now receives but that, in addition, Arizona receives moneys for the landgrant fund of 1862 itself; and again referring you to the aforementioned Bulletin, on page 7, Table No. 2, we find that Arizona reports 150,000 acres of land under the Federal land grant of 1862, or grants in lieu thereof, and that Arizona also reports 419,000.90 acres of land under the caption "Other Federal land grants," and that Oklahoma does not report any land under the Federal land grant of 1862, or grants in lieu thereof, but does report lands under the caption of "Other Federal land grants."
Since the aforementioned States have received the benefits of the land grant act of 1862, and since they were admitted to the Union after the passage of the act, and since Oklahoma, by its enabling act, was pledged admission on an equal footing with all the other States, then it naturally follows that Oklahoma is eligible to receive the benefits of the land grant act of 1862, as amended.
In support of paragraph numbered "Fifth" above, we refer you to House Resolution 11133, Seventy-first Congress, second session, introduced in the House of Representatives on March 1, 1930, by Mr. Garber, of Oklahoma, a copy of which is made a part hereof.
If it is the will of this committee to report favorably on this bill and if its passage can be secured, it will give to Oklahoma and the Oklahoma Agricultural and Mechanical College a status, in its relation to the land grant act of 1862, as amended, from which no misunderstandings can arise.
We would like to give the committee the text of the granting act:
Be it enacted by the Senate and the House of Representatives of the United States of America in Congress assembled, That there be granted to the several States, for the purposes hereinafter mentioned an amount of public land, to be apportioned to each State a quantity equal to 30,000 acres for each Senator and Representative in Congress under the census of 1860: Provided, That no mineral lands shall be selected or purchased under the provisions of this act.
SEC. 2. And be it further enacted, That the land aforesaid, after being surveyed, shall be apportioned to the several States in sections or subdivisions of sections, not less than one-quarter of a section; and wherever there are public lands in a State subject to sale at private entry at $1.25 per acre, the quantity to which said State shall be entitled shall be selected from such lands within the limits of such State; and the Secretary of the Interior is hereby directed to issue to each of the States in which there is not a quantity of public lands subject to sale at private entry at $1.25 per acre to which said State may be entitled under the provisions of this act land script to the amount in acres for the deficiency of its distributive share, said scrip to be sold by said States and the proceeds thereof applied to the uses and purposes prescribed in this act, and for no other use or purpose whatsoever: Provided, That in no case shall any State to which land scrip may thus be issued locate said land scrip upon any of the unappropriated lands of the United States subject to sale at private entry at $1.25 or less an acre: And provided
further, That not more than one million acres shall be located by such assignees in any one of the States; And provided further, That no such location shall be made before one year from the passage of this act.
SEC. 3. And be it further enacted, That all the expenses of management, superintendence, and taxes from date of selection of said lands previous to their sales and all expenses incurred in the management and disbursement of moneys which may be received therefrom shall be paid by the States to which they may belong, out of the treasury of said States, so that the entire proceeds of the sale of said lands shall be applied, without any diminution whatever, to the purposes hereinafter mentioned.
SEC. 4. And be it further enacted, That all moneys derived from the sale of the lands aforesaid by the States to which the lands are apportioned, and from the sales of land scrip hereinbefore provided for, shall be invested in stocks of the United States or of the States, or some other safe stocks, yielding not less than 5 per cent upon the par value of said stocks; and that the moneys so invested shall constitute a perpetual fund, the capital of which shall remain forever undiminished, except so far as may be provided in section fifth of this act, and the interest of which shall be inviolably appropriated by each State which may take and claim the benefit of this act to the endowment, support, and maintenance of at least one college, where the leading object shall be, without excluding other scientific and classical studies and including military tactics, to teach such branches of learning as are related to agriculture and the mechanic arts in such manner as the legislatures of the States may respectively prescribe în order to promote the liberal and practically education of the industrial classes in the several pursuits and professions in life.
SEC. 5. And be it further enacted, That the grant of land and land scrip hereby authorized shall be made on the following conditions, to which, as well as to the provisions hereinbefore contained, the previous assent of the several States shall be signified by legislative acts:
First. If any portion of the fund invested as provided by the foregoing section, or any portion of the interest thereon shall by any action or contingency he diminished or lost, it shall be replaced by the State to which it belongs, so that the capital of the fund shall remain forever undiminished; and the annual interest shall be regularly applied without dimunition to the purposes mentioned in the fourth section of this act, except that a sum, not exceeding 10 per cent upon the amount received by any State under the provisions of this act, may be expended for the purchase of lands for sites or experimental farms whenever authorized by the respective legislatures of said State.
Second. No portion of said fund, not the interest thereon, shall be applied, directly or indirectly, under any pretense whatever to the purchase, erection, preservation, or repair of any building or buildings.
Third. Any State which may take and claim the benefits of the provisions of this act shall provide, within five years, at least not less than one college, as prescribed in the fourth section of this act, or the grant to such State shall cease; and said State shall be bound to pay the Unitde States the amount received of any lands previously sold, and that the title to purchasers under the States shall be valid.
Fourth. An annual report shall be made regarding the progress of each college, recording any improvements and experiments made, with their costs and results, and such other matters, including State industrial and economical statistics, as may be supposed useful; one copy of which shall be transmitted by mail free, by each, to all the other colleges which may be endowed under the provisions of this act, and also one copy to the Secretary of the Interior.
Fifth. When lands shall be selected from those which have been raised to double the minimum price in consequence of railroad grants, they shall be computed to the States at the maximum price, and the number of acres proportionally diminished.
Sixth. No State, while in condition of rebellion or insurrection against the Government of the United States, shall be entitled to the benefits of this act.
Seventh. No State shall be entitled to the benefits of this act unless it shall express its acceptance thereof by its legislature within two years from the date of its approval by the President.
SEC. 6. And be it further enacted, That land scrip issued under the provisions of this act shall not be subject to location until after the first day of January, 1863. SEC. 7. And be it further enacted, That land officers shall receive the same fees for locating land scrip issued under the provisions of this act as are now allowed
for the location of military bounty land warrants under existing laws: Provided, That maximum compensation shall not be thereby increased.
SEC 8. And be it further enacted, That the governors of the several States to which scrip shall be issued under this act shall be required to report annually to Congress all sales made of such scrip until the whole shall be disposed of, the amount received for the same, and what appropriation has been made of the proceeds.
This act was approved July 2, 1862.
The act of 1864 was to extend the time for accepting the grant and was an act of Congress extending the time within which the States and Territories may accept the grant of lands made by the act entitled "An act donating public lands to the several States and Territories which may provide colleges for the benefit of agriculture and mechanic arts," approved July 2, 1862:
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled:
SECTION 1. That any State or Territory may accept, and shall be entitled to the benefit of the act enittled "An act donating public lands to the several States and Territories which may provide colleges for the benefit of agriculture and the mechanic arts," approved July 2, 1862, by expressing its acceptance thereof as provided in said act, within two years from the date of the approval of this act, subject however, to the conditions in said act continued.
SEC. 2. And it is further enacted that the benefit of the provisions of this act, and of the said act approved July 2, 1862, be, and the same are hereby, extended to the State of West Virginia.
Then the act of 1866 to which reference has been made by the previous speakers extended the time within which agricultural colleges may be established. It was as follows:
An act to amend the fifth section of an act entitled "An act donating public lands to the several States and Territories which may provide colleges for the benefit of agricultural and the mechanic arts," approved July 2, 1862, so as to extend the time within which the provisions of said act shall be accepted and such colleges established.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the time in which the several States may comply with the provisions of the act of July 2, 1862, entitled "An act donating public lands to the several States and Territories which may provide colleges for the benefit of agriculture and mechanic arts," is hereby extended so that the acceptance of the benefits of the said act may be expressed within three years from the passage of this act, and the colleges required by the said act may be provided within five years from the date of the filing of such acceptance with the Commissioner of the General Land Office: Provided, That when any Territory shall become a State the benefits of the said act of July 2, 1862, by expressing the acceptance therein required within three years from the date of its admission into the Union, and providing the college or colleges within five years after such acceptance, as prescribed in this act: Provided further, That any State which has heretofore expressed its acceptance of the act herein referred to shall have the period of five years within which to provide at least one college, as described in the fourth section of said act, after the time for providing said college, according to the act of July 2, 1862, shall have expired.
This was approved July 23, 1868 (14 Stat. 208).
The act of 1883 amended section 4 of the act of 1862-an act to amend an act donating public lands to the several States and Territories which may provide colleges for the benefit of agricultural and the mechanic arts:
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the fourth section of the act donating public lands to the several States and Territories which may provide colleges for the 114794-304
benefit of agricultural and the mechanic arts, approved July 2, 1862, be, and the same is hereby, amended so as to read as follows:
"SEC. 4. That all moneys derived from the sale of lands aforesaid by the States to which lands are apportioned, and from the sale of land scrip hereinbefore provided for, shall be invested in stocks of the United States or of the States, or some other safe stocks; or the same may be invested by the States having no State stocks, in any other manner after the legislatures of such States 'shall have assented thereto, and engaged that such funds shall yield not less than 5 per cent upon the amount so invested and that the principal thereof shall forever remain unimpaired: Provided, That the moneys so invested or loaned shall constitute a perpetual fund, the capital of which shall remain forever undiminished (except so far as may be provided in section 5 of this act) and the interest of which shall be inviloably appropriated, by each State which may take and claim the benefit of this act, to the endowment, support, and maintenance of at least one college where the leading object shall be, without excluding other scientific and classical studies, and including military tactics, to teach such branches of learning as are related to agriculture and the mechanic arts, in such manner as the legislatures of the States may respectively prescribe, in order to promote the liberal and practical education of the industrial calsses in the several pursuits and professions of life."
This act was approved March 3, 1883.
Mr. EATON. How much land has Oklahoma been granted?
Mr. ANDREWS. Those two acts.
Mr. EATON. What does it amount to?
Mr. ANDREWS. One is 250,000 acres and the other is 143,000 acres. Mr. EATON. Is that the equivalent of two sections in each township throughout the State?
Mr. ANDREWS. No, sir.
Mr. EATON. How much less is it?
Mr. ANDREWs. I would have to figure it up.
were given for school purposes, common school.
Sections 16 and 36
Mr. EATON. But the State got those from the United States.
Mr. ANDREWS. Yes.
Mr. EATON. Then it got the equivalent of more than two sections in each township of the State?
Mr. ANDREWS. I did not catch that question.
Mr. EATON. My question is, whether the State of Oklahoma had gotten the equivalent of two sections for each township throughout the State, and your former answer was "No."
Mr. ANDREWS. That is correct.
Mr. MCCLINTIC. One-half of the State of Oklahoma was nontaxable, and we did not get a cent from that. That was the old Indian land; and in addition the law with respect to New Mexico and Arizona gave them several million acres of land. We only got a few thousand acres. Arizona and New Mexico were given over a million acres and exempt from the provisions of this act.
The CHAIRMAN. I understand the witness now to state that Oklahoma got 393,000 acres as a special grant; but did you get a definite allowance for your common schools?
Mr. MCCLINTIC. We did in the part of Oklahoma State which was formerly Indian Territory.
Mr. EATON. What did you receive in lieu of the other?
Mr. ANDREWs. $5,000,000, and Senator Nelson says we lost fifteen million because Congress gave us that settlement.
The CHAIRMAN. This is a matter of such tremendous importance that the committee I am sure will give it much study.
Mr. EATON.. What was the acreage South Dakota received?
Mr. ANDREWS. One hundred and sixty thousand acres.
Mr. EATON. Can you find and place in the record something to indicate the difference between the statement of Mr. McClintic showing 120,000 acres had been received by them?
Mr. ANDREWs. That was script in lieu of what they were to get under the acts of 1862 and 1866.
Mr. EATON. When Oklahoma became a State, the sponsors for the State knew pretty well what they were doing, and they knew of this act of 1862; and they had an entirely different situation in Oklahoma from that found in any other State. You had lands in the hands of the Indians, and adjustments were made of your claims at that time. Mr. MCCLINTIC. Our legislature followed the provisions of the law, and passed the necessary legislation which would entitle the State of Oklahoma to receive the consideration provided by the facts of the case, and passed it within three years.
It is not the fault of Oklahoma or its legislature. We ran up against a bad situation in the House, and the matter was laid aside. I have kept all these briefs intact and ready in the hope we could sometime get this matter up.
The CHAIRMAN. I want to suggest that in the compilation of the record that you take up this matter very carefully to see that the steps have been taken by the State in order to secure the benefit of the act of 1862, as I am sure that coming at this late day Congress will carefully investigate that question as to whether there has been laches. on the part of the State of Oklahoma. The only question arising in my mind is whether Oklahoma has used due diligence in trying to get the benefit of those acts.
Mr. EATON. I would like to have set out a statement showing the amount of land over which the United States exercises a control for forests and the other withdrawn areas, so that it might be compared with the public lands of other States.
The CHAIRMAN. You mean in Oklahoma?
Mr. EATON. In Oklahoma; yes, sir.
Mr. MCCLINTIC. I want to say that the attorrney general of our State had a special representative come to Congress and present the information which was presented when the favorable report was received from this committee. I am not sure, but I think the attorney general afterwards had a representative here, but it was not brought out afterwards.
At one time Senator Harrow introduced this bill and Congressman Hastings introduced the bill. We could not get unanimous consent. The CHAIRMAN. Did the bill ever pass the Senate?
Mr. MCCLINTIC. No, sir. The hearings of the House covered all the details. No hearings were held by the Senate. And then we had a rule where one member could destroy legislation. Mr. GARBER. We appreciate the fact that our presentation has been very hurried this morning; the matter being covered at this brief hearing which ordinarily would require a whole day.
The CHAIRMAN. If you feel that you can supplement and put the record in shape by adding statements to the record which you have made here with your statements, we would be glad to have you file them later with the clerk of the committee.
I think the committee will be interested in having Judge Finney come and present his idea, inasmuch as he went into it before.