The State court answered the question in the negative. and the correctness of that ruling is now to be passed upon. "Although the terms of the first section of the act denote a present grant to the State of the swamp and overflowed lands made unfit thereby for cultivation. the second section lays upon the Secretary of the Interior the duty of identifying and listing the lands coning within the teris of the grant and of causing patents therefor to be Issued to the Slate at the request of its governor. and then declares : And on that patent the fee simple to said lands shall vest in the State. subject to the disposal of its legislature. It becanme necessary in Rogers Loco_mnotive Works v. Emigrant Co. (164 U. S.. 559) to determine the meaning and effect uf the act In the light of these provisions and of prior decisions. and it was there said (p. 570) While. therefore. as held In many cases. the act of 1850 was in prwsenti. and gave an inchoate title. the hinds needed to be identified as lands that passed under the act. which being done. and not before. the title became perfect as of the date of the granting act. Amnd again (p. 574) : It belonged to him [the Secrelary of the Intericrl. primarily. to identify fill lands that were to go to tie State under the act of 18o0.
Keywords matched
Emigrant