served for the use of a seminary of learning, and vested in the legislature of the State, to be appropriated solely to the use of such seminary by said legislature: Provided always, (Here follows the exemption from taxation of lands sold clause, as in the case of Ohio.)

Alabama, admitted the year following Illinois, reverted to the Ohio type of the sixteenth section grant, the lands being given to the people of the townships for the use of schools, but with Missouri, in 1820, and Arkansas, in 1836, the lands were given to the state, for the use of the inhabitants of the townships, as in the case of Illinois. The Illinois plan of devoting a part of the five per cent fund to education was not repeated again until after the states began to request Congress to be permitted to so appropriate it, which was not until about 1850.

The Michigan Type. By 1835 the bad effects of granting the sixteenth section to the townships by either the Ohio or the Illinois form of grants had become apparent, and the convention which framed the constitution for the new state of Michigan petitioned Congress for a new form of grant, as follows:

ORDINANCE

[Poore, B. P., Federal and State Constitutions, I, 993.]

Be it ordained by the convention assembled to form a constitution for the State of Michigan, in behalf and by authority of the people of said State, That the following propositions be submitted to the Congress of the United States, which, if assented to by that body, shall be obligatory on this State:

1. Section numbered sixteen in every surveyed township of the public lands, and, where such section has been sold or otherwise disposed of, other lands equivalent thereto, and as contiguous as may be, shall be granted to the State for the use of schools.

2. The seventy-two sections of land set apart and reserved for the use and support of a university, by an act of Congress approved the twentieth day of May, 1826, entitled "An act concerning a seminary of learning in the Territory of Michigan," shall, together with such further quantities as may be agreed upon by Congress, be conveyed to the State, and shall be appropriated solely to the support of such university, in such manner as the legislature shall prescribe.

3. Four entire sections of land, to be selected under the direction of the legislature, from any of the unappropriated lands belonging to the United States, shall be granted for its use in establishing a seat of government.

This request was assented to by Congress, and the control of the school lands was vested in the state, without reference to township lines. The wisdom of this has been so apparent that this form of grant has since been followed.1

Fractional Townships. By 1825 the policy of granting one section in each township for educational purposes had become established, and Congress now began to make grants to cover omissions made in the earlier grants. The Virginia Military Reserve, the Gallipolis tract, and the western half of the Connecticut Reserve, all in Ohio, received specific grants by or before 1834, and in 1826 the Fractional Township Act was passed. This applied to all states.

[U. S. Statutes at Large, IV, 179.]

AN ACT to appropriate lands for the support of schools in certain townships and fractional townships, not before provided for. Approved, May 20, 1826.

Be it enacted by the Senate and House of Representatives of the United States in Congress assembled, That to make provision for the support of schools, in all townships or fractional townships for which no land has been heretofore appropriated for that use in those States in which section number sixteen, or other land equivalent thereto, is by law directed to be reserved for the support of schools in each township, there shall be reserved and appropriated, for the use of schools, in each entire township, or fractional township, for which no land has been heretofore appropriated or granted for that purpose, the following quantities of land, to wit, for each township or fractional township containing a greater quantity of land than three-quarters of an entire township, one section; for a fractional township containing a greater quantity of land than onehalf, and not more than three-quarters of a township, three-quar

1 Florida forms an exception, the Illinois form of grant being used. A few years later, however, Congress gave permission to the state to consolidate the different township funds into one state school fund.

ters of a section; for a fractional township containing a greater quantity of land than one-quarter, and not more than one-half a township, one-half section; and for a fractional township containing a greater quantity of land than one entire section, and not more than one-quarter of a township, one-quarter section of land. And be it further enacted, That the aforesaid tracts of land shall be selected by the Secretary of the Treasury, out of any unappropriated public land within the land district where the township for which any tract is selected may be situated; and when so selected, shall be held by the same tenure, and upon the same terms, for the support of schools in such township, as section number sixteen is, or may be held, in the State where such township shall be situated.

The New Oregon Type. The sixteenth section in each township was granted uniformly to each new state up to 1850. In 1848 a new departure was made, in the organization of the Territory of Oregon.

[Poore, B. P., Federal and State Constitutions, II, 1491.]

AN ACT to establish the territorial government of Oregon. Approved, August 14, 1848.

Be it enacted by the Senate and House of Representatives of the United States in Congress assembled, That from and after the passage of this act, all that part of the Territory of the United States which lies west of the summit of the Rocky Mountains, north of the forty-second degree of north latitude, known as the Territory of Oregon, shall be organized into and shall constitute a temporary government, by the name of the Territory of Oregon. . .

SEC. 20. And be it further enacted, That when the lands of said Territory shall be surveyed under the direction of the Government of the United States, preparatory to bringing the same into the market, sections numbered sixteen and thirty-six in each township in said Territory shall be, and the same is hereby, reserved for the purpose of being applied to schools in said Territory, and in the States and Territories hereafter to be erected out of the same.

Three states, Idaho, Oregon, and Washington, have been carved from this Territory, and have received the two sections for schools. California was the first state to enter the Union

(1850) under the new arrangement, and all states admitted afterward received two sections up to the admission of Utah, in 1896, which received four sections.

The Utah Type. The enabling act for the admission of Utah contained a new provision, which has since been followed in the acts for the admission of Arizona and New Mexico. This new provision provided for the reservation and grant of four sections, as follows:

[U. S. Statutes at Large, 1893-1894, p. 107.]

AN ACT to enable the people of Utah to form a constitution and State government, and to be admitted into the Union on an equal footing with the original states. Approved, July 16, 1894.

Be it enacted by the Senate and House of Representatives of the United States in Congress assembled, .

SEC. 6. That upon the admission of said State in the Union, sections numbered two, sixteen, thirty-two and thirty-six in every township of said proposed State, and where such sections or any part thereof have been sold or otherwise disposed of by or under the authority of any Act of Congress other lands equivalent thereto, in legal subdivisions of not less than one-quarter sections and as contiguous as may be to the section in lieu of which the same is taken, are hereby granted to such State for the support of common schools, such indemnity lands to be selected within said State in such manner as the legislature may provide, with the approval of the Secretary of the Interior: Provided, That the second, sixteenth, thirty-second and thirty-sixth sections embraced in permanent reservations for national purposes shall not, at any time, be subject to the grants nor to the indemnity provisions of this Act, nor shall any lands embraced in Indian, military, or other reservations of any character be subject to the grants or to the indemnity provisions of this Act until the reservation shall have been extinguished and such lands be restored to and become a part of the public domain.

Arizona and New Mexico (1911) followed the Utah form of grant, while Oklahoma (1907) was given a new and different form of grant. (See Enabling Act, pp. 67-71.)

TABLE SHOWING AMOUNT OF THESE GRANTS FOR COMMON SCHOOLS [Compiled from tables in Donaldson's Public Domain and the Annual Reports of the Commissioner of the Land Office.]

* In 1880, after some acres had been sold, the remainder of the grant was exchanged with the United States for 2,000,000 acres of land, to be selected by the state.

Also other section grants. (See Enabling Act, pp. 67-71.)

Also received $5,000,000 in lieu of lands in Indian Territory.

D