“ The act of congress intended that the segregation maps prepared by authority of the state, and filed in the state surveyor general's office, if found upon examination by the United States surveyor general to be made in accordance with the public surveys of the general government, should be taken as evidence that the lands designated thereon as swamp and overflowed were such in fact, except where this would interfere with previously acquired interests. ”

“ They confer the right to the land, though other proceedings are necessary to perfect the title. When the selections are made and approved, or the patent issued, the title therefor becomes perfect, and has relation back to the date of the grant. And, further: 'As the grants are regarded as taking effect from the date of the laws making them respectively, and as vesting the inchoate title in the states, it follows that any subsequent sale or location of swamp or overflowed lands must be held illegal, and the purchase money refunded, or a change of location ordered.' Lester's Land Laws, 549, No. ”

“ Kemp, 104 U.S. 641: 'When we speak of the conclusive presumptions attending a patent for lands, we assume that it was issued in a case where the department had jurisdiction to act and execute it; that is to say, in a case where the lands belonged to the United States, and provision had been made by law for their sale. ”

“ The grants by the United States of land to aid in the construction of reilroads, in relation to which we have had many cases before us, are in many particulars analogous to the grant by the swamp-land act. ”

“ The act of congress of March 12, 1860, (12 St. 3, c. 5,) extending the provisions of the swamp-land act to Minnesota and Oregon, recognizes in its second section their right and that of other states to make selections of the swamp lands, or rather to provide for their identification, without waiting for the action of the secretary of the interior. ”