of Oklahoma are valuable for minerals, which terms shall also include gas and oil, such lands shall not be sold by the said State prior to January first, 1915; but the same may be leased for periods not exceeding five years by the State officers duly authorized for that purpose, such leasing to be made by public competition after not less than thirty days advertisement in the manner to be prescribed by law, and all such leasing shall be done under sealed bids and awarded to the highest responsible bidder. The leasing shall require and the advertisement shall specify in each case a fixed royalty to be paid by the successful bidder, in addition to any bonus offered for the lease, and all proceeds from leases shall be covered into the fund to which they shall properly belong, and no transfer or assignment of any lease shall be valid or confer any right in the assignee without the consent of the proper State authorities in writing: Provided however, That agricultural lessees in possession of such lands shall be reimbursed by the mining lessees for all damage done to said agricultural lessees' interest therein by reason of such mining operations. The legislature of the State may prescribe additional legislation governing such leases not in conflict herewith. SEC. 9. That said sections sixteen and thirty-six, and lands taken in lieu thereof, herein granted for the support of common schools, may be appraised and sold at public sale in one-hundred and sixty acre tracts or less, under such rules and regulations as the legislature of the said State may prescribe, preference right to purchase at the highest bid being given to the lessee at the time of such sale, the proceeds to constitute a permanent school fund, the interest of which only shall be expended in the support of such schools. But said lands may, under such regulations as the legislature may prescribe, be leased for periods not to exceed ten years; and such lands shall not be subject to homestead entry or any other entry under the land laws of the United States, whether surveyed or unsurveyed, but shall be reserved for school purposes only. SEC. 10. That said sections thirteen and thirty-three, aforesaid, may be appraised and sold at public sale, in one hundred and sixty acre tracts or less, under such rules and regulations as the legislature of said State may prescribe, preference right to purchase at the highest bid being given to the lessee at the time of such sale, but said lands may be leased for periods of not more than five years, under such rules and regulations as the legislature shall prescribe, and until such time as the legislature shall prescribe such rules these and other lands granted to the State shall be leased under existing rules and regulations, and shall not be subject to home stead entry or any other entry under the land laws of the United States, whether surveyed or unsurveyed, but shall be reserved for designated purposes only, and until such time as the legislature shall prescribe as aforesaid such lands shall be leased under existing rules: Provided, That before any of the said lands shall be sold, as provided in sections nine and ten of this Act, the said lands and the improvements thereon shall be appraised by three disinterested appraisers, who shall be non-residents of the county wherein the land is situated, to be designated as the legislature of said State shall prescribe, and the said appraisers shall make a true appraisement of said lands at the actual cash value thereof, exclusive of improvements, and shall separately appraise all improvements thereon at their fair and reasonable value, and in case the leaseholder does not become the purchaser, the purchaser at said sale shall, under such rules and regulations as the legislature may prescribe, pay to or for the leaseholder the appraised value of said improvements, and to the State the amount bid for the said lands, exclusive of the appraised value of the improvements; and at said sale no bid for any tract at less than the appraisement thereof shall be accepted. SEC. 11. That an amount equal to five per centum of the proceeds of the sales of public lands lying within said State shall be paid to the said State, to be used as a permanent fund, the interest only of which shall be expended for the support of the common schools within said State. SEC. 12. That in lieu of the grant of land for purposes of internal improvement made to new States by the eighth section of the Act of September fourth, 1841, which section is hereby repealed as to said State, and in lieu of any claim or demand of the State of Oklahoma under the Act of September twenty-eighth, 1850, and Sec. 2479 of the Revised Statutes, making a grant of swamp and overflowed lands, which grant is hereby declared not to extend to said State of Oklahoma, the following grant of land is hereby made to said State from public lands of the United States within said State, for the purposes indicated, namely: For the benefit of the Oklahoma University, two hundred and fifty thousand acres; for the benefit of the University Preparatory School, one hundred and fifty thousand acres; for the benefit of the Agricultural and Mechanical College, two hundred and fifty thousand acres; for the benefit of the Colored Agricultural and Normal University, one hundred thousand acres; for the benefit of normal schools, now established or hereafter to be established, three hundred thousand acres. The lands granted by this section shall be selected by the board for the leasing school lands of the Territory of Oklahoma immediately upon the approval of this Act. Said selections as soon as made shall be certified to the Secretary of the Interior, and the lands so selected shall be thereupon withdrawn from homestead entry. III. VALUE OF THE GRANTS FOR COMMON SCHOOLS As nearly as can be determined and estimated the value of these grants made for common schools is about as follows: I. STATES ADMITTED BEFORE 1825. All received but one section of land. The five per cent fund used everywhere for internal improvements, except in Illinois. Land sold at low prices, with some large losses. No state with a large actual fund, and in no state have the national grants produced over eight millions of dollars for education. 1. Tennessee. Admitted in 1796. By the act of 1806 (p. 26) one section to be reserved for schools in about two-thirds of state. Often no reservation made, and where made lands frequently sold for from one to twelve and a half cents an acre. Proceeds used to start a school fund, though little was produced. 1836 the Surplus Revenue deposit of $1,433,757.58 invested in State Bank stock, the bank to pay $100,000 annually for schools and $18,000 for academies. By 1866 bank insolvent, and in 1873 the debt to the School Fund, for all, recognized at $1,500,000, on which the state now pays six per cent interest from the proceeds of taxes. 2. Ohio. Admitted in 1802. Received the 16th section for schools, in all 704,488 acres. Permission to sell same granted in 1826. Also received 24,216 acres of saline lands, which produced $41,024 for the school fund. In 1850 received 25,640 acres of swamp lands, which were also added to the school fund. Land sold early, much of it at low prices. In 1836 state received $2,007,260.36 of Surplus Revenue, about half of which was added to the school fund. In 1912 the total school fund accumulated from all these sources, plus a few additions, was $2,610,245, while unsold lands were valued at $258,346. 3. Louisiana. Admitted in 1812. Some years later granted the 16th section for schools in all unsold regions (about ninetyeight per cent of the state), a total of 786,044 acres. Permission to sell same granted in 1843. Much land of little value, and much still on hand. By 1859 the fund from land sales was $899,500. In 1872 the legislature appropriated the fund and spent it. In 1874 the state's debt to the school fund recognized at $1,130,867.51, and interest on this at four per cent paid now from state taxes. In 1876 the interest on the spent Surplus Revenue of 1837, amounting to $447,919.14 also put into the school fund, and this also is paid from taxation. 4. Indiana. Received the 16th section Permission to sell granted in Admitted in 1816. for schools, a total of 650,317 acres. 1828, by township vote. All sold but 864 acres, producing a fund of $2,475,856.83, thus averaging about $3.75 for each acre of land. The state also received 28,829 acres of saline lands, which produced $48,943.13, and this was added to the school fund. The state also received 1,257,588 acres of swamp land, the net proceeds of which were to go into the school fund, but how much came from this source is not shown, though it is known that the amount was quite small. In 1836 received $860,254.44 of Surplus Revenue, which in 1851 was added to the school fund. Certain small annual additions have been made to the fund since 1851, and the total fund is now nearly eleven and a half million dollars, about half of which probably came from the national grants. 5. Mississippi. Admitted in 1817. Received the 16th section for schools, a total of 837,584 acres. Permission granted by Congress to lease for 99 years. Much mismanagement and loss. Swamp lands added to school fund after 1868, and five per cent fund after 1882. Amount received from swamp lands unknown. Five per cent fund has since produced only about $75,000, as nearly all public land has been sold. All spent; present fund recognized as $816,615, on which the state pays interest. 6. Illinois. Admitted in 1818. for schools, a total of 985,066 acres. in 1843. All sold but 6,639 acres, but these are estimated as worth $12,598,670. The most valuable of these lands are located in the heart of the business district of Chicago, and belong to the City of Chicago rather than to the state. The state also received about four million acres of swamp lands, and all expended balances from these, after paying for drainage, was to go to the school fund. By 1885 it was estimated that the swamp lands had produced $600,000 for education. This would leave about six million dollars in the township fund, presumably derived from the sale of school lands, or an average of about six dollars per acre. three per cent fund for schools has produced $613,362.96, onesixth of which ($156,613.32) has been used as an endowment for normal schools. Theoretically $335,592.32 of the Surplus Revenue was added to the school fund, and on this the state pays interest at six per cent, by taxation. Total common school fund, in 1912, counting all unsold lands, $19,168,579. Received the 16th section The Granted the 16th section 7. Alabama. Admitted in 1819. for schools, a total of 902,774 acres. in 1827. In 1848 the 500,000 acre grant added to school fund by permission of Congress. By 1855 $1,244,793.36 had been accumulated from land sales. About 250,000 acres still on hand, estimated as worth $12 per acre. In 1876 the spent Surplus Revenue fund of $669,088.95 included in name in the school fund, and interest at four per cent by taxation paid by the state. Present fund, including Surplus Revenue and minor additions within recent years, $2,135,313. 8. Missouri. Admitted in 1821. Received the 16th section, in all 1,199,139 acres. The township fund from sale of these lands now $2,445,169, an average of a little over two dollars per acre. State also received 46,080 acres of saline lands, which were put into state school fund. This state fund was further increased in 1837 by the addition of the Surplus Revenue fund, $383,335.30, and by $132,000 from sale of state tobacco warehouse in 1865. The state fund has had some other additions, and now stands at $3,159,281. The state also received 3,370,840 acres of swamp lands, which were put into a series of county school funds. These, increased by the sale of estrays, and by fines and forfeitures, now total $5,618,630. The various common school funds of the state have profited, probably, between six and seven millions of dollars from the national grants. II. STATES ADMITTED AFTER 1825 AND BEFORE 1850. All received but one section of land. Five per cent fund and 500,000 acres of land used by many for education. All have small permanent funds, though, except Texas. Much mismanagement and waste has characterized the management of the lands, and in some states the fund has been borrowed by the state and spent, leaving only a "perpetual obligation" upon which the state pays interest by means of taxation. 1. Arkansas. Admitted in 1836. Received the 16th section for schools, a total of 886,460 acres. Permission to sell granted in 1843. In 1844 Congress granted permission to add the two townships of university land (46,080 acres) to the common school fund. The two townships of saline lands also so added, making a total of 978,620 acres. One-fifth sold before the Civil War, and the whole proceeds lost in the struggle. Debt never capitalized. Since the War a new fund of $1,134,500 built up. 2. Michigan. Admitted in 1837. for schools, a total of 1,067,397 acres. Granted the 16th section By 1910 the fund from the |