“ In assuming that it is our duty to deal with the case as it is disclosed by the record, counsel are clearly right. A like obligation rests upon counsel. The record (p. 207) contains a certificate from the General Land Office, introduced in evidence without objection, saying: 'The original selection list of swamp lands in T. 12 N., R. 7 E., [the township in question] gives the area of the township as 14,329.97 acres, and that amount was also given in the approved list. ”

“ The record (p. 1) shows that the complaint filed in the court of first instance, and which counsel seek to maintain, alleged that these lands 'were left unsurveyed by the United States government.' The sunk lands were also described by the representative of the state as 'not yet surveyed,' when the state's claims under the swamp-land grant were being adjusted and settled in 1895. H. R. Rep. No. ”