compensation, and authorized to perform the judicial powers designated in the act. It can not be claimed that a judge has a vested right to perform all the judicial powers exercised by him at the time of his appointment, for this would prevent Congress from changing the jurisdiction of the court in any particular. An additional judge could not be appointed to divide the exercise of judicial power and Congress would be powerless either to add to or diminish the jurisdiction of the courts. And yet we have seen that Congress in the past has actually deprived the court of its appellate jurisdiction, abolished other courts, and vested the jurisdiction of abolished courts in other judicial tribunals and directed the judges stripped of their jurisdiction to serve in other tribunals. It would seem clear, therefore, that the provisions of the proposed bill are in entire harmony with the Constitution and both legislative and judicial precedents thereunder. It is less drastic in its provisions than any of the bills heretofore proposed on this subject and practically removes all the serious objections to legislation of this character. If enacted into law it will remedy the condition set forth in the various reports of the Department of Justice, and promote the efficient administration of justice. SALE OF ISOLATED PUBLIC LANDS IN MINNESOTA. MAY 16, 918.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed. Mr. DILL, from the Committee on Public Lands, submitted the following REPORT. [To accompany H. R. 79.] The Committee on the Public Lands, to which was referred the bill (H. R. 79), providing for the sale of isolated tracts of the public domain in Minnesota, report the same back to the House with the recommendation that the bill do pass. The legislation is favorably recommended by the Department of the Interior, as appears from the letters of the Secretary, printed herewith. DEPARTMENT OF THE INTERIOR, Hon. SCOTT FERRIS, Chairman Committee on Public Lands, House of Representatives. MY DEAR MR. FERRIS: By your letter of September 3, 1917, you submitted, for report, a copy of H. R. 79, entitled "A bill for the sale of isolated tracts of the public domain in Minnesota," and stated that the author of the bill desired that a list of such tracts be furnished. The purpose of the bill is the same as that of H. R. 14620 (64th Cong., 1st sess.), on which I submitted report under date of August 5, 1916, interposing no objection provided the bill be amended as therein suggested, copies of which are inclosed. H. R. 79 meets the suggestions so made, and I therefore recommend that it be enacted into law. In view of the large acreage in the several Chippewa Reservations opened to homestead entry, it is impracticable to furnish a list of the tracts which would be subject to disposition under the proposed law. Cordially, yours, ALEXANDER T. VOGELSANG, DEPARTMENT OF THE INTERIOR, Hon. SCOTT FERRIS, Chairman Committee on Public Lands, House of Representatives. MY DEAR MR. FERRIS: I have the honor to acknowledge receipt of your letter dated July 25, 1916, inclosing for report a copy of H. R. No. 14620, entitled "A bill to extend the provisions of section 2455 of the Revised Statutes of the United States, as amended, relating to the sale of isolated tracts of the public domain, to ceded Chippewa Indian lands in the State of Minnesota." The bill provides that the provisions of section 2455 United States Revised Statutes, as amended by the act of February 25, 1895 (28 Stat., 687), and the act of June 27, 1906 (34 Stat., 517), relating to the sale of isolated tracts of the public domain be extended and made applicable to ceded Chippewa Indian lands in the State of Minnesota. The said act of February 26, 1895, authorizes the ordering into market and sale for not less than $1.25 per acre of any isolated or disconnected tract or parcel of the public domain less than one-quarter section with the proviso that lands shall not become so isolated or disconnected until they have been subject to homestead entry for a period of three years after the surrounding land has been entered, filed upon, or sold by the Government, with a further proviso that not more than 160 acres shall be sold to any one person. The act of June 27, 1906, above cited, amended said act of February 26, 1895, by eliminating both the provisos, making the condition that the lands shall not become isolated until they have been subject to homestead entry for a period of three years, and limiting the right of sale to one person to 160 acres. A proviso was added to said act June 27, 1906, to the effect that said act should not defeat any vested right which had attached under any pending entry or location. Said section 2455, United States Revised Statutes was amended by the act of March 28, 1912 (37 Stat., 77), so that the same now reads as follows: "SEC. 2455. It shall be lawful for the Commissioner of the General Land Office to order into market and sell at public auction at the land office of the district in which the land is situated, for not less than one dollar and twenty-five cents an acre, any isolated or disconnected tract or parcel of the public domain not exceeding onequarter section which, in his judgment, it would be proper to expose for sale after at least thirty days' notice by the land officers of the district in which such land may be situated: Provided, That any legal subdivisions of the public land, not exceeding one-quarter section, the greater part of which is mountainous or too rough for cultivation, may, in the discretion of said commissioner, be ordered into the market and sold pursuant to this act upon the application of any person who owns lands or holds a valid entry of lands adjoining such tract, regardless of the fact that such tract may not be isolated or disconnected within the meaning of this act: Provided further, That this act shall not defeat any vested right which has already attached under any pending entry or location." Ceded Chippewa lands are open to homestead entry under section 6 of the act of January 14, 1889 (25 Stat., 642), after due notice has been given. There are a number of ceded Chippewa reservations, namely, Pigeon River, Fond du Lac, Bois Fort, Leech Lake, Winnibigoshish, White Oak Point, Chippewa of the Mississippi, White Earth, and Red Lake Reservations. Lands in all of said reservations are open to entry under said section 6. A portion of the land in said reservations, which was classified as Chippewa pine land, was opened to entry on April 26, 1916, under the provisions of section 27 of the act of June 25, 1910 (36 Stat., 862), homestead entrymen being required to pay the appraised price for the timber at the time of making entry for the lands. A portion of the Red Lake Reservation was withheld from entry under said act of January 14, 1889, and what is known as "the eleven townships" were opened to entry at not less than $4 per acre under the act of February 20, 1904 (33 Stat., 46). It is my opinion that the pending bill should be amended so as to provide for the disposition of the isolated tracts on the different Chippewa reservations under section 2455, United States Revised Statutes, as amended by said act of March 28, 1912, further amended so as to provide that no lands shall be subject to disposition thereunder until after they shall have been opened to homestead entry, nor for less than the price fixed in the law opening the lands to homestead entry. This will prevent the public offering of any lands classified as Chippewa pine lands, which are not in general subject to homestead entry. I have, therefore, to recommend that the bill be amended to read as follows: "That the provisions of section twenty-four hundred and fifty-five of the Revised Statutes of the United States, as amended by the act of March twenty-eighth, nineteen hundred and twelve (Thirty-seventh Statutes at Large, page seventy-seven), relating to the sale of isolated tracts of the public domain, be, and the same are hereby, extended and made applicable to ceded Chippewa Indian lands in the State of Minnesota: Provided, That the provisions of this act shall not apply to lands which are not subject to homestead entry: Provided further, That purchasers of land under this act must pay for the lands not less than the price fixed in the law opening the lands to homestead entry.' If the bill is amended to read as above, I have no objection to urge to its passage, as it will facilitate the disposal of a number of tracts, which, it is believed, are unsuitable for homestead purposes, and which remain idle because of no other law under which the lands can be disposed of. The proceeds from the sale of said lands are deposited to the credit of the Indians. FRANKLIN K. LANE, Secretary. Cordially, yours, О VALIDATING CERTAIN PUBLIC-LAND ENTRIES. MAY 16, 1918.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed. Mr. HAYDEN, from the Committee on the Public Lands, submitted the following REPORT. [To accompany H. R. 78.] The Committee on the Public Lands, to which was referred the bill (H. R. 78) providing for the validating of certain public-land entries in the State of Minnesota, report the same back to the House with the recommendation that the bill do pass. The legislation is favorably recommended by the Interior Department, as appears from the letters of the Secretary, printed herewith. Hon. SCOTT FERRIS, DEPARTMENT OF THE INTERIOR, Chairman Committee on the Public Lands, House of Representatives. MY DEAR MR. FERRIS: By your letter dated January 24, 1918, you transmitted for report a copy of H. R. 78 entitled "A bill to validate certain public-land entries." The bill relates to Red Lake lands in the State of Minnesota opened to entry under the acts of February 20, 1904 (33 Stat., 46), and February 16, 1911 (36 Stat., 913). The act of February 20, 1904, provided for the opening of what is known as the Eleven Towns in the Red Lake Reservation to homestead entry, entrymen being required to comply with the homestead law and pay not less than $4 per acre. The law contained a provision that all persons who had theretofore exhausted their rights under the homestead laws could become purchasers of lands under said act; and at the expiration of five years from the date said act took effect a public sale was to be held of the unsold lands. The act of February 16, 1911, above cited, however, provided for the opening of the undisposed of lands to homestead entry. The latter act did not contain any provision with reference to the allowance of second homestead entries, as did the act of 1904, and the district land office allowed purchasers to make entry under what is known as the Minnesota drainage laws, approved May 20, 1908 (35 Stat., 169), for said Red Lake lands, opened under the act of February 16, 1911, where it appeared that such purchasers had previously exhausted their homestead right by making a homestead entry for 160 acres of land and acquiring title thereto. Said act of May 20, 1908, requires purchasers thereunder to be qualified to make homestead entries. The General Land Office held that said entries were erroneously allowed. To remedy this situation H. R. 19731 was introduced into the Sixty-fourth Congress. A report thereon was made by this department to your committee under date of January 24, 1917, and the same is copied in Report No. 1401, House of Representatives, Sixty-fourth Congress, second session. Said report made recommendation for amendment of the bill, and as thus recommended it applied only to homestead entries erroneously allowed under said drainage law of May 20, 1908. Subsequent correspondence with the local officers, however, developed the fact that there are about 13 homestead entries allowed for said Red Lake lands under the act of February 16, 1911, wherein the homestead entrymen had previously exhausted their homestead rights and the local officers had allowed the entries, believing that their action was correct in view of the provision of said act of February 20, 1904, allowing second entries, above mentioned. To meet this situation the General Land Office, in a letter dated March 15, 1917, to Hon. H. Steenerson, the author of the bills in question, suggested that in order to include the homestead entries allowed for said lands there should be omitted from the bill all reference to said act of May 20, 1908. The bill as now submitted omits all reference to said drainage act of May 20, 1908. The records show that of the 13 entries referred to, 5 of them have made full payment and have submitted proof showing compliance with the homestead laws and received their patents. The other entrymen have made payments in accordance with law. It is the understanding of the department that the bill in question is only intended to make the entries valid and does not relieve the entrymen from any compliance with law in the matter of residence, cultivation, and improvements or payment. In view of the foregoing I have to recommend the passage of the bill. FRANKLIN K. LANE, Secretary. Hon. H. STEENERSON, VALIDATION OF ENTRIES. DEPARTMENT OF THE INTERIOR, House of Representatives. MY DEAR MR. STEENERSON: I have the honor to acknowledge the receipt of your letter dated March 6, 1917, inclosing a copy of H. R. 19731, Sixty-fourth Congress, second session, which proposes to validate certain entries allowed for Red Lake lands, which have been held by this office to have been erroneously allowed contrary to the provisions of the act of February 16, 1911 (36 Stat., 913). You state that the bill was on the Calendar for Unanimous Consent of the last Congress, but could not be reached before adjournment; that you intend to reintroduce the bill in the coming Congress and ask that action on the cases involved be suspended until Congress can have time to consider the relief measure proposed by you. You call attention to the fact that in letter to you dated January 29, 1917, you were informed that a request had been made upon the local land office to furnish the serial numbers of the entries involved. In response I have to advise you that pursuant to your request no adverse action will be taken upon the entries referred to. Under date of February 3, 1917, the local officers advised this office that there were only two entries for lands in the Red Lake Reservation, allowed under the act of May 20, 1908 (35 Stat., 169), wherein the entrymen claimed the right to make a second entry under the provisions of the act of February 20, 1904, said entries being 012232 of Olof Gustafson, involving the SW. sec. 14, T. 154 N., R. 39 W., and 013284 of Halvor E. Sahl, allowed December 31, 1915, for the NE.SE. sec. 23, T. 152 N., R. 40 W., which was rejected by this office June 19, 1916, from which action an appeal appears to be now pending before the department. The local officers state, however, that there were 13 homestead entries allowed under the act of February 16, 1911, where the parties claimed the right to make a second homestead entry under the provisions of the act of February 20, 1904 (33 Stat., 46). These entries are as follows: 06478. Gilbert Lasher, August 17, 1911, SE. NW. 1, SW. NE. 1, NW. SE. sec. 8, T. 154 N., R. 39 W. 06639 and 08098. Lammart Rawerts, October 5, 1911, and June 12, 1912, SE. sec. 8, T. 152 N., R. 41 W. 07282. Thomas G. Rome, February 8, 1912, lots 5, 6, sec. 6, T. 152 N., R. 40 W. |