The language of the preemption law of 1841. which remained in force until a few years ago. is as follows: No land included in any reservation by any treaty. law. or proclamation of the President shall be liable to entry under * * the provisions of this act. The exception contained in the general preemption law of 1841 is transferred to the homestead law. The provision of the homestead law is found in section 2289 of the Revised Statutes. and is as follows: Every person whois the head of a family. or who has arrived at the age of 21 years. and is a citizen of the United States. or who has filed his declaration of intention to become such. as required by the naturalization laws. shall be entitled to enter one quartersection or a less quantity of unappropriated public lands. upon which such person may have filed a preemption claim. or which may. at the time the application is made. be subject to preemption at $1.25 per acre. Under the preemption law no man could preempt or take under that law any land which had been withdrawn from public sale and entry by proclamation of the President. * The homestead law stated that only those lands could be taken under the homestead law which could be taken under the preemption law. so it follows that no land can be taken under the homestead law which has been withdrawn by proclamation of the President. The same principle holds good under our coalland law.
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