...was to be made is as follows : "That in cases in which a tract covered by an unperfected bona fide claim or by a patent is included within the limits...in area the tract covered by his claim or patent." Act June 4, 1897, c. 2, § 1, 30 Stat. 36 [US Comp. St. 1901, p. 1541]. This constitutes an offer upon...

...— and including this provision: "That in cases In which a tract covered by an unperfected bona fide claim, or by a patent, Is included within the limits...relinquish the tract to the government and may select in lien thereof a tract of vacant land open to settlement not exceeding in area the tract covered by his...

...provided that a settler within the reservation might relinquish his unperfected bona fide claim, and select in lieu thereof a tract of vacant land open...not exceeding in area the tract covered by his claim ; credit being allowed for the time spent on the relinquished claim. The statute also provided that...

...appellant is founded, we find it there stated that the party relinquishing his forest reserve land "may select in lieu thereof a tract of vacant land open to settlement." He cannot select in lieu thereof any tract of public land that is not vacant nor open to settlement....

...extending the privilege was ref'That in cases in which a tract covered by an unperfected bona flde claim or by a patent is included within the limits...settlement, not exceeding in area the tract covered by liis claim or patent; and no charge sliuil >e made in such cases for making the entry of record, or...

...March 3, 1891 (26 Stat. 1095) — That in cases in which a tract covered by an unperfected bona fide claim or by a patent is included within the limits...may, if he desires to do so. relinquish the tract to tlie Government, and may select in lieu thereof a tract of vacant land open to settlement not exceeding...

...36), provided: That in cases in which a tract covered by an unperfected bona fldc claim or by a patent included within the limits of a public forest reservation,...in area the tract covered by his claim or patent. The act of July 1, 1898 (30 Stat., 597, 620), authorizes selection by the Northern Pacific Railway...

...1897 (30 Stat. 11, 36) That in cases in which a tract covered by an unper- ,11 of fected bona fide claim or by a patent is included within the limits of a public forest reservation, the settler owner thereof may, if he desires to do so, relinquish the tract to the Government, and may select in...

...or by a patent, is inclnded within the limits of a public forest reservation, the ncttlcr or otcner thereof may. if he desires to do so, relinquish the tract to the Government, etc. The privilege of (be act is therefore reserved to a settler or owner, and as there is no claim...

...covered by an unperf ected bona fide claim or by a patent is included within the limits of this park, the settler or ow.ner thereof may, if he desires to...do so, relinquish the tract to the Government and secure other land, outside of the park, in accordance with the provisions of the law relating to the...