Walker

Mandamus. It appears from the petition that on January 9, 1907, section 16, township 46 north, range 3 east, Mount Diablo báse and meridian, in this state, was unsurveyed land and 'on that date was, by order of the Secretary of the Interior, “withdrawn from all forms at disposal under the public land laws of the 'United States, except the mineral laws, as a proposed addition to the Modoc Forest ¡Reserve, in California”; that prior to June 4, 1908', J. E. Pardee, petitioners’ assignor, made application to the state surveyor-general to purchase certain described lands, “as indemnity state school land,” said land so selected being vacant public land and subject to selection by the state as indemnity state 'school land; that about June 4, 1908, the state surveyor-general filed in the Susanville land office indemnity state school land, selection list No. 5765, for the land described in the Pardee application, assigning as a base certain land in said section 16; that thereafter the said application was approved by the surveyor-general, and on May 25, 1909, a certificate of purchase, No. 5853, for said selected land, was issued to said Pardee, who assigned said certificate to petitioner…