“ We have seen that by the compromise and settlement of 1895, which was approved by the state legislature and by Congress, the state accepted the lands theretofore patented, approved, or confirmed to it under the swamp-land act as the full measure of lands due to it thereunder, and relinquished to the United States all other claims or demands, adjusted or unadjusted, growing out of that act. Without any doubt this extinguished the state's incohate title, and estopped the state from thereafter asserting that title or demanding a patent. ”

“ Although the terms of the 1st section of the act denote a present grant to the state of the 'swamp and overflowed lands, made unfit thereby for cultivation,' the 2d section lays upon the Secretary of the Interior the duty of identifying and listing the lands coming within the terms of the grant, and of causing patents therefor to be issued to the state 'at the request of' its governor, and then declares: 'And on that patent the fee simple to said lands shall vest in the said state,' subject to the disposal of its legislature. ”

“ It is not as if the patents had been in evidence, and the question had been one of their interpretation or legal import. See French-Glenn Live Stock Co. v. Springer, 185 U.S. 47, 54, 46 L. ed. 800, 803, 22 Sup. Ct. Rep. ”