1. Public Lards — Forfeited Railroad Grants.

Under the act of September 29,1890 (26 Stat. 496), forfeiting and restoring to the United States the title to all lands theretofore granted to any state or corporation to aid in the construction of a railroad, and opposite which the railroad had not been completed within the time limited, the lands forfeited were restored to the public domain in precisely the same condition as before they were granted, and became subject to disposition under the general land laws.

2. Same.

Quaere, whether the provision in section 6 of said act that the forfeited lands shall not “inure to the benefit of any state or corporation to which lajids may have been granted by congress, except as herein otherwise provided,” merely prevents a claim of indemnity by a state or a railroad corporation from attaching to the forfeited lands, for lands lost in place opposite to a completed portion of a railroad; or whether it would prevent a state which has received a grant of school lands from selecting out of the forfeited lands indemnity school lands.

8. Same — School Lands — Indemnity Selections.

The act of February 28, 1891 (26 Stat. 796), amending Rev. St. § 2275, and granting to any state or territory whose school sections, or parts thereof, are mineral lands, other lands of equal acreage, was intended to provide a uniform rule for tlie selection of indemnity school lands, and is applicable to all states and territories having grants of school lands. Hence tlie state of California is entitled to make indemnity selections in place of lands lost from its school sections by reason of being mineral lands.

4. Same — Determination of What are Mineral Lands.

When school lands surveyed by a United States deputy surveyor are certified by him to be mineral, and Ms field notes and plats are approved by the surveyor general and the commissioner of the general land office, and filed in the land office, this is a sufficient determination that the lands are mineral in character to give the state a right to select other lands as indemnity for the loss.