Eminent Domain—Foreign Corporation—Eight to Condemn Property.-—A foreign corporation, which has complied with the laws of this state governing its right to do business herein, may exercise the power of eminent domain.

Id.—Public School Land—Effect of Forest Reservation.—Where title to a section of land has completely vested in the state by virtue of the federal school land grant, the subsequent creation of a national forest reservation, which within its exterior boundaries includes the school land, does not affect or impair the title of the state thereto.

Id.—Creation of Forest Reserve—Effect on Title to Lands.—The creation of a national forest reserve is, as to such lands as are under control of the federal government, a dedication and an appropriation of these lands to a public use. But lands which are surrounded by- such reserve and which are held in private ownership, either by the state or by other locators, pre-emptors or purchasers from the general government, or from the state, are not likewise appropriated to a public use.

Id.—Property Subject to Condemnation—School Land Surrounded by Forest Reserve.—School land granted to the state by the federal government and surrounded by a national forest reserve is not appropriated to a public use and may therefore be condemned in eminent domain proceedings instituted by a public service corporation.

Id.—Offer of State to Exchange School Land—Want of Acceptances by Federal Government.—The taking of appropriate steps by the state in the various federal land-offices to exchange such school land for other equivalent public land, pursuant to the provisions of sections 3398 to 3409 of the Political Code, which provide that such lands may be used as “bases for indemnity selections provided by law,” does not constitute a dedication of such to “public use” so that it cannot be condemned under the power of eminent domain.

Id.—Loss of School Land by State—Indemnification by Federal Government—Exchange of Lands.—Section 2275 of the United States Revised Statutes of 1891, the only federal law on the v subject, which declares that when any school sections conveyed to a state are lost to the state, either by superior claims of homestead or pre-emption settlers, or because they are mineral lands, or are included within any Indian, military, or other reservation, or because they are otherwise disposed of by the United States, “other lands of equal acreage are hereby appropriated and granted and may be selected in lieu of such as may be thus” lost, does not contemplate an exchange of lands between the state and the United States, but the making good to the state of a loss which it may sustain through failure to get land which the United States attempted to grant it.

Id.—Indemnity Selections—School Sections as Bases—Status op Federal Law.—While the state has by appropriate legislation offered to exchange such lands for other lands of the United States, there is no law of the United States authorizing such an exchange, and no act of Congress taken in contemplation of any such exchange, present or future. Therefore the position of our state law that these sections may be used as “bases for indemnity selections provided by law” is without any present efficacy by reason of the fact that there is no law of the United States either authorizing indemnity selections in such eases or authorizing an exchange of lands in any other way.

Id.—Eminent Domain—State Lands Reserved prom Sale.—The state statutes do not say that state lands reserved from sale, or state lands not offered for sale, shall not be subject to the right of eminent domain. They declare that all the lands of the state shall be subject to this right, saving such lands alone as are devoted to a public use.

Id.—Public Domain—Exclusive Control of Congress.—The control of the public domain is vested in Congress alone, and Congress only can dispose of the public lands of the United States.

Id.—Ruling of Executive Department—Whether Superior to Adjudication of Court.—The ruling of an executive department of the United States government cannot stand superior to the construction of a federal statute by a federal court.

Id.—Public Service—Necessity of Corporation Engaging in Before Condemning Land.—The law does not contemplate that a corporation organized to render public service must first be engaged in such service before its right to condemn property under the power of eminent domain accrues, and hence its complaint in condemnation proceedings need not show It to be in charge of a public use.

Id.—Complaint in Condemnation Proceedings—Sufficiency in Al- . leging Purposes.'—The fact that such complaint alleged certain purposes of the proceedings not expressly enumerated in section 1238 of the Code of Civil Procedure does not operate against the judgment, when there was no demurrer, and the most of the purposes set forth in the complaint came strictly within the language of the section, and the evidence was ample to sustain the complaint in these respects.

Id.—Articles or Incorporation—Power to “Acquire” Lands Includes Bight to “Condemn.”—The power “to acquire” property for the purposes of a public use, given to a public service corporation by its articles of incorporation, includes the right “to condemn.”

Id.—Action to Condemn Entire Section—Sufficiency of Complaint.—Where the plaintiff in eminent domain seeks to condemn a whole section of land, not rights of way thereover, it is unnecessary for the complaint to conform to the requirements of section 1244 of the Code of Civil Procedure, which is applicable to eases where a right of way only is sought.

Id.—Beserve—Locked Lands—Transfer by State to Federal Government—Acceptance by Land Department.—The statutes of the state nowhere contemplate a gift of lands surrounded by United States forest reserves to the United States, but only an exchange for equivalent lands. Therefore an unauthorized acceptance by the United States land department of a listing of such lands by the state, with no further act upon the part of the United States, cannot operate to divest or even to impair the title of the state.

Id.—State Land Within Forest Beserve—-Condemnation not Opposed to Interests of State.—The condemnation of state land, which is surrounded by United States forest reserves, by a public service corporation under the power of eminent domain, is not contrary to public policy and the interest of the state.