THE UNIVERSITY OF ILLINOIS LIBRARY Digitized by the Internet Archive in 2014 https://archive.org/details/unitedstatesmini942thom Bulletin 94 Law Serial 4 DEPARTMENT OF THE INTERIOR BUREAU OF MINES JOSEPH A. HOLMES. Director UNITED STATES MINING STATUTES ANNOTATED BY J. W. THOMPSON PART II.— MISCELLANEOUS MINING SUBJECTS WASHINGTON GOVERNMENT PRINTING OFFICE 1915 Bulletin 94 Law Serial 4 DEPARTMENT OF THE INTERIOR BUREAU OF MINES JOSEPH A. HOLMES, Director UNITED STATES MINING STATUTES ANNOTATED /^^^^ UN{V|-:RSfTY OF HlJNOiS Lir..^Ai?r SFP 2 8 1915 BY J. W. THOMPSON Part H.— MISCELLANEOUS MINING SUBJECTS WASHINGTON GOVERNMENT PRINTING OFFICE If, 1915 The Bureau of Mines in carrying out one of the provisions of its organic act — to disseminate information concerning investigations made — prints a limited free edition of each of its publications. When this edition is exhausted copies may be obtained at cost price only through the Superintendent of Documents, Government Printing Office, Washington, D. C. The Superintendent of Documents is not an official of the Bureau of Mines. His is an entirely separate office and he should be addressed : Superintendent op Documents, Government Printing Office, Washington, D. 0. The general law under which publications are distributed prohibits the giving of more than one copy of a publication to one person. The cost of this publication is $2.50 per set. Cloth. NOTE. This report consists of two parts: PART I. Preface; explanation of entire report; a complete table of contents, and sections of the Revised Statutes and Statutes at Large relating to metalliferous and coal mining, with annotations. Pp. 1-860. PART n. Table of contents of Part II ; Statutes at Large and sections of Revised Statutes relating to miscellaneous mining subjects, with annotations; a list of abbreviations; a list of sections of Revised Statutes; a list of Statutes at Large; a list of the sections of Revised Statutes cited; a list of the Statutes at Large cited; a table of all cases cited, and a word index. Pp. 861-1772. n First edition, 1915. ^ r PAET II. MISCELLANEOUS MINrSG SUBJECTS. PAGE 861. Alaska compiled laws 861 Bankruptcj' 914 Bureau of Mines 916 Census 931 Debris deposits 933 Desert lands 946 Indian lands 952 Land Department 1038 Lead mines 1039 Oil and phosphate lands 1043 Philippine Islands mmiTig act 1053 Pipe lines — ^R^ulations — Rights of way 1068 Private land claims 1074 Public and mineral lands — ^Miscellaneous 1080 Railroad grants 1099 Reservations 1159 Rights of way 1188 Salines and salt springs 1194 Settlers' relief acts 1215 Sherman antitrust act — Coal companies 1235 Soldiers' additional homestead rights 1237 State and public grants 1239 Stone lands 130S Timber cutting for miniTig purposes 1334 Town-site sections and acts 1354 Tunnel acts 13S3 Withdrawals of public lands 13SS ALA.SKA COMPrLZD LAWS. General mining provisions 861 Miscellaneous mining pro%'isions 898 Sections 2594. 29. 40 861 Sections 42. 46. 47 862 Alaf=ka right-of-way act 863 Enect and authority- of Land Department 863 Reservations along shore for highways 863 Adverse claims 864 Actions to quiet title — Homestead and mineral claimants 864 39 Stat. 305. March 12. 1914 (PubUc Xo. 69. Sixty-third Congress) 864 Alaska railroad act 864 Sections 85, 86, 88. 90. 92 867 Sections 92^, 92|. 92f 868 Sections 98, 100, 101 869 Homestead and mineral claimants — Character of land determined by land office 870 Sections 107, 124 S70 m 336727 rV CONTENTS. Miscellaneous mining provisions — Continued. Page. Sections 128^', 129 871 Alaska government act 872 Mineral laws extended to Alaska 872 Water-right laws extended to Alaska 872 Laws of Oregon extended to Alaska — Effect 873 Department regulations — Effect in Alaska 873 Purpose of act as to mining claims 873 Effect on title and possession of mining claims 874 Location certificate admissible in evidence 874 Lands above high tide open to location 874 Tide lands not open to location 874 Roadways on water fronts — Application to mineral lands and mill sites 874 Sections 129a, 1296, 129c, I29d, I29e 875 Placer claims — Alaska 875 Locations must comply with this act 875 Excessive area — Invalidity 876 Number located each month 876 Locations by agents— Authority and power 876 Application for patent — Form and sufficiency 876 Number of claims included in application 876 Surveyor general — Duties to survey 876 Amount of annual expenditures — Time of performance 877 Sections 130-161 877 Withdrawal of coal lands in Alaska 878 Section 162 878 Alaska mining claims 879 Annual assessment work 879 Affidavit as to assessment work 879 Sections 163, 164 879 Sections 165, 166 880 Sections 167, 168, 169, 170, 171 881 Sections 172, 173 882 Section 174 883 Alaska Civil Code 883 Mineral lands — Judicial notice 883 Corporations — Pipe lines — Appropriation of land 883 Lien on mine 884 Right of laborer 884 Recovery — Attorney's fees and expenses 884 Enforcing lien against mine— Pleading 884 Section 175 884 Sections 176-187 885 Sections 188, 189, 190 , 886 31 Stat. 658— June 6, 1900 887 Coal-land laws — Alaska 887 23 Stat. 24, p. 26— May 17, 1884 887 Coal-land laws — Alaska 887 Extension to Alaska — Construction 887 Application to unsurveyed lands in Alaska. .■ 888 Number of entries by one entry man 889 Persons in possession of coal mines — Right to enter land 889 Locations of coal lands — Qualifications of locators. - - - . 890 Notice of coal location — ^Time of filing CONTENTS. V Miscellaneous mining provisions — Continued. Page. Sections 191-19C 890 Sections 197, 198 890 Sections 199, 200 891 Alaska coal deposits 891 Construction and application of act 891 Development and relief — Purpose of act 892 Consolidation of coal claims — ^When permitted 892 Agreement to consolidate claims illegal 892 Sections 201, 202, 203 892 39 Stat. 741 (Public 216, October 20, 1914, Sixty-third Congress) 892 Leasing of coal lands 892 Miscellaneous provisions 898 Sections 214, 220, 228, 330 898 Section 349 899 Mining claims — Location notice — Filing for record 899 Section 379 900 23 Stat. 24, May 17, 1884 900 Alaska civil government act 900 Section 380 901 Miners' regulations — Validity 901 Sections 416, 425, 633 902 Sections 691, 692 903 Sections 693, 694, 695 1 904 Sections 696, 697, 698, 699 905 Sections 700, 701, 702 906 Sections 703, 704, 798, 836 907 Recovery of possession of mining claim 908 Time of beginning action 908 Possession of mining claim for 10 years — Effect and rights 908 Section 867 908 Survival of action to determine adverse mining claim 908 Section 1133 908 Action to maintain possessory right to mining claim 909 Sections 1184, 1307, 1946, 1955 909 Section 2569 910 29 Stat. 618, March 2, 1897 910 Aliens acquiring mining claims 910 Aliens may locate mining claims in Alaska 910 37 Stat. 417, p. 456, August 24, 1910 911 Mineral lands — Survey 911 Proclamations by the President 911, 912 Sections 234, 235 911 Sections 236, 237 912 BANKRUPTCY. 30 Stat. 544, p. 547, July 1, 1898 914 Bankrupts 914 Mining corporations — Bankruptcy 914 32 Stat. 797, February 5, 1903 914 Bankrupt law — Mining companies 914 Bankrupt act 914 Application to mining companies 915 "Mining" — Meaning as used in this act 915 Mining and quarrying — Distinction 915 Mining — Workings above and below ground 915 Acts of bankruptcy 915 VI CONTENTS. BUREAU OF MINES. Page, 36 Stat. 369, May 16, 1910 916 Organic act 916 Bureau of Mines — Organic act 917 Purchase of land for mine rescue cars 917 37 Stat. 681, February 25, 1913 917 Amended organic act 917 35 Stat. 556, May 30, 1908 918 Compensation for injured employees 918 37 Stat. 74, March 11, 1912 920 Injured employees of Bureau of Mines 920 36 Stat. 676, p. 699, June 25, 1910 920 Public buildings 920 36 Stat. 703, p. 742, June 25, 1910 921 Appropriations 921 Bureau of Mines — Leases for mine rescue work 922 36 Stat. 1363, p. 1418, March 3, 1911 922 Appropriations 922 37 Stat. 417 p. 458, August 24, 1912 923 Appropriations 923 37 Stat. 595, p. 609, August 26, 1912 924 Appropriations 924 37 Stat. 866, p. 886, March 4, 1913. 924 Pittsburgh Station \ 924 39 Stat. 251, December 22, 1913 (Public No. 42, Sixty-third Congress) 926 Pittsburgh station — Amendment 926 38 Stat. 4, p. 48, June 23, 1913 927 Appropriations 927 39 Stat. 609, p. 646, August 1, 1914 (Public No. 161, Sixty-third Congress).... 928 Appropriations 928 39 Stat. 510, July 17, 1914 (Public No. 130, Sixty-third Congress) 930 Mine rescue station — ^McAlester, Okla 930 CENSUS. 36 Stat. 1, p. 4, July 2, 1909 931 Mineral schedules 931 36 Stat. 227, February 25, 1910 931 Census reports — Amendment 931 DEBRIS DEPOSITS. 24 Stat. 310, p. 329, August 5, 1886 933 Mines an d stamp works 933 25 Stat. 498, October 1, 1888 933 Debris-deposits commission — California 933 27 Stat. 393, February 25, 1892 Debris deposits — California 933 27 Stat. 507, March 1, 1893 934 California Debris Commission — Hydraulic mining 934 Mining-debris act 940 Purpose of act 940 Power of Congress over mining operations 941 Jurisdiction of commission 941 Duty of commission 941 Hydraulic mining 941 Prohibited when injurious to streams 941 Permit from commission necessary 942 Conditions on which permits granted — Procedure 942 CONTENTS. VII 27 Stat. 507, March 1, 1893— Continued. California D6bris Commission — Ilydraulic mining — Continued. Page. State courts 943 Jurisdiction to prevent injury from hydraulic mining 943 Injuries from hydraulic mining — Injunction 943 34 Stat. 1001, February 27, 1907 944 California Debris Commission — Amendment 944 30 Stat. 1121, p. 1152, March 3, 1899 944 Depositing refuse in navigable waters 944 DESERT LANDS. 19 Stat. 377, chap. 107, March 3, 1877 946 Water rights 946 Surface water — Appropriation for mining, etc 947 26 Stat. 1095, p. 1096, March 3, 1891 947 Amendment 947 28 Stat. 372, p. 422, August 18, 1894 948 Carey Act 948 Desert-land act 950 Coal lands not subject to patent 950 Mineral character of land — Determination 950 State lands must be nonmineral 950 29 Stat. 413, p. 434, June 11, 1896 950 Lien of State for cost of reclamation • 950 Mineral lands not subject to lien for reclamation expenses 951 INDIAN LANDS. Minerals — Reservations — Allotments — Classification , etc 952 13 Stat. 673, October 7, 1863 952 Treaty — Mining rights reserved 952 13 Stat. 681, October 12, 1863 952 Treaty — Mining rights reserved 952 14 Stat. 799, p. 804, July 19, 1866 952 Treaty 952 Indians — Cherokees 953 Right to buy complete — Transfer 953 15 Stat. 619, March 2, 1868 953 Treaty 953 Indian lands 954 Effect to exclude mining prospectors 954 Mining locations after withdrawal — Priority 954 15 Stat. 635, April 29, 1868 954 Black Hills — Sioux treaty 954 18 Stat. 36, April 29, 1874 955 Ute Nations 955 Indian lands — ^Withdrawal 956 19 Stat. 176, p. 192, August 15, 1876 956 Black Hills withdrawal 956 Indian lands 957 Withdrawal of Black Hills 957 Protection to mineral claimants 957 Rights of mineral claimants — Compliance with laws 957 39 Stat. 704, August 22, 1914 (Public No. 182, Sixty-third Congress) 958 Quinaielt Reservation — Minerals reserved in lighthouse grant 958 VIII CONTENTS. Minerals — Reservations — Allotments — Classification, etc. — Continued . Page. 19 Stat. 254, February 28, 1877 958 Sioux Nation — Black Hills 958 21 Stat. 199, p. 203, June 15,1880 959 Ute Tribe — Colorado lands 959 25 Stat. 35, February 18, 1888 960 Railroad through Indian Territory 960 25 Stat. 668, February 13, 1889 960 Amendment 960 25 Stat. 113, p. 133, May 1, 1888 961 Montana Indians 961 Indians lands 961 Mode of disposal 961 Railroad — Indemnity selections 961 Location — Soldiers' additional rights 962 36 Stat. 1080, March 3, 1911 962 Amendment 962 Amendment — Effect on soldiers' additional rights 962 25 Stat. 157, May 24, 1888 962 Lands restored to public domain. 962 25 Stat. 980, p. 1002, March 2, 1889 963 Coeur de'Alene Tribe — Minerals 963 Indian lands 964 Release by Coeur de'Alene Tribe 964 25 Stat. 1013, p. 1015, March 2, 1889 964 Peorias and Miamis 964. 26 Stat. 81 , p. 95, May 2, 1890 964 Oklahoma government 964 Indian lands 965 Attachment of improvements prohibited 965 26 Stat. 712, January 12, 1891 965 Mineral lands excepted 965 Selection by commissioners — Mineral lands excluded 966 27 Stat. 62, July 1, 1892 966 Colville Reservation 966 Indian lands — Colville Reservation 967 Effect of act opening Colville Reservation 967 Preemption entry — Application to preference rights 967 Selection by Indians — ^IVIineral lands exempted 967 Mining claims — Right to locate on reservation 968 Colville Reservation not subject to mineral laws 968 Opening of Colville Reservation— Proclamation necessary 968 28 Stat. 9, February 20, 1896 969 Colville Reservation 969 Mining laws extended to Indian lands 969 Proclamation of President 969 30 Stat. 571, p. 593, July 1, 1898 969 Mineral entry — Colville Reservation 969 34 Stat. 80, March 22, 1906 970 Sale of unallotted lands — Colville Reservation 970 Indian lands — Colville Reservation 971 Report of commissioners show minerals 971 27 Stat. 120, p. 126, July 13, 1892 971 Mining claims on Indian lands. - 971 CONTENTS. IX Minerals — Reservations — Allotments — Classification , etc . — Continued . Page. 27 Stat. G12, p. 040, March 3, 1893 971 Salines reserved 971 Indian lands— Salines excepted 972 Indian allottees — Power of alienation : 972 30 Stat. 1779, July 27, 1898 972 Proclamation — Cherokee outlet 972 Salines in Cherokee outlet — Restored to public domain 973 28 Stat. 1222, p. 1227, August 19, 1893 973 Proclamation — Salines reserved 973 29 Stat. 321, pp. 353, 357, 360, June 10, 1896 973 Occupation and purchase 973 Indian lands surrendered — Location of mining claims 974 31 Stat. 952, March 2, 1901 974 Sale under mining laws 974 31 Stat. 1093, March 3, 1901 975 Disposition of mineral lands 975 Act applies to mineral and homestead claimants 975 Proclamation opening settlement 975 32 Stat. 744, June 19, 1902 976 Spokane Reservation 976 32 Stat. 982, p. 998, March 3, 1903 976 Mining claims — Utah 976 33 Stat. 151, March 25, 1904 977 Patents validated 977 33 Stat. 302, p. 303, April 23, 1904 977 Survey and allotment 977 33 Stat. 352, p. 360, April 27, 1904 978 Minerals under town sites 978 33 Stat. 595, pp. 596, 597, December 21, 1904 978 Mineral lands — Disposal 978 33 Stat. 1016, p. 1020, March 3, 1905 979 Sale of mineral lands 979 Indian lands ceded — ^Wind River 980 Lands opened by proclamation 980 Sixty-day period for entering land — Computation . 980 35 Stat. 650, February 25, 1909 980 Sale of mineral lands — Amendment 980 34 Stat. 1015, p. 1036, March 1, 1907 980 Mineral lands — Classification 980 34 Stat. 3208, June 2, 1906 981 Proclamation — Shoshone or Wind River Reservation 981 Proclamation opening ceded lands 982 Settlement prohibited — Location of mining claims 982 Mineral location— Payment to preserve rights 982 35 Stat. 460, p. 462, May 29, 1908 983 Cheyenne and Standing Rock — Classification 983 35 Stat. 465, p. 467, May 29, 1908 983 Mining laws extended 983 35 Stat. 558, p. 561, May 30, 1908 984 Fort Peck lands opened — Minerals reserved 984 36 Stat. 440, May 27, 1910 985 Sale of surplus — Pine Ridge 985 X CONTENTS. Minerals— Reservations— Allotments— Classification, etc.— Continued. Page. 36 Stat. 448, p. 450, May 30, 1910 986 Sale of surplus — Rosebud 986 36 Stat. 1058, pp. 1064, 1075, March 3, 1911 987 Fort Hall Reservation — Stone quarries reserved 987 37 Stat. 86, April 18, 1912 " . 988 Mineral rights and royalties 988 Coal, oil, and asphaltum lands — Leases 989 22 Stat. 178, July 28, 1882 " . . 989 Lands made public — Ute Indians 989 Coal lands — Unlawful entry protected 989 Price of coal lands 99O Failure to comply with statute — Effect 99O 22 Stat. 582, p. 590, March 3, 1883 99O Proceeds of sales of coal, etc 99O 25 Stat. 783, p. 784, March 1, 1889 99I Mining leases 99I Courts in Indian Territory 99I Jurisdiction — Coal leases 99 1 Coal lease — Power of Indian nation to execute 99I 26 Stat. 640, p. 642, October 1, 1890 992 Coal leases — Choctaw Nation 992 26 Stat. 794, p. 795, February 28, 1891 993 Lease of allotments — Amendment 993 Oil lease by Osage Nation to Foster 993 Rights of assignee 993 Construction — " Cultivated in closures " 993 26 Stat. 989, pp. 1026, 1031, March 3, 1891 994 Leases 994 School lands — Leasing 995 27 Stat. 470, February 20, 1893 995 Gas and oil lease — New York 995 28 Stat. 286, pp. 305, 326, 332, August 15, 1894 996 Minerals reserved 996 Indian lands 997 Act limited to specific lands 997 Disposal of mineral lands — Exclusiveness of act 998 Reservation of minerals 998 Mineral laws not operative within reservation 998 Mining claims located within reservation— Validity 998 28 Stat. 677, p. 678, February 20, 1895 998 Coal lands withdrawn 998 Indian lands — Coal lands withdrawn 999 28 Stat. 876, pp. 894, 899, 900, March 2, 1895 999 Cession of mineral lands 999 Mining laws extended to lands ceded by Indians 1000 Indian allottees 1000 Alienation restricted — Oil and gas leases 1000 30 Stat. 62, pp. 85, 87, June 7, 1897 1001 Leases for mining 1001 Indian lands — Lease for mining purposes 1002 Limitation on power of Indians to lease 1002 Indians may lease lands for mining subject to approval 1002 CONTENTS. XI Coal, oil, and asphaltum lands — LeasCiS — Continued. 30 Stat. 62, pp. 85, 87, June 7, 1897— (^ontimied. Leases for mining — Continued. Indian lands — Lease for mining })urposes — Continued . Page. Overlapping leases — Validity 1002 Assignment of royalties 1003 Lease for mining purposes — Minerals excepted 1003 Right of Government to sue to cancel lease 1003 Failure to acknowledge lease — Effect 1003 30 Stat. 495, pp. 497, 498, 499, 501, June 28, 1898 1003 Leasing by allottees 1003 Indian lands — Leasing by allottees 1008 Leasing to white persons recognized 1008 Statute operates prospectively only 1008 Minerals reserved to tribes 1008 Secretary's exclusive power over minerals 1009 Royalties unlawful unless made or paid as provided 1009 Mining leases 1009 Authorized under regulations 1009 Diligence in development implied 1009 Acreage and term 1009 31 Stat. 848, p. 861, March 1, 1901 1010 Coal and oil rights 1010 32 Stat. 245, pp. 263, 266, May 27, 1902 1010 Mining leases protected 1010 Indian lands 1011 Operation of act postponed 1011 Time for opening unallotted lands 1011 Preferential rights to lease holders 1011 Raven Mining Co. — Title to mining claims 1011 32 Stat. 500, p. 504, June 30, 1902 1011 Lease 1011 Indian lands 1012 Oil and gas lease — Execution and effect — ^Record 1012 32 Stat. 641, p. 642, July 1, 1902 1013 Appraisement — Minerals — Choctaw and Chickasaw 1013 32 Stat. 716, p. 726, July 1, 1902 1015 Leasing 1015 Indian lands — Leasing act 1015 Power of Secretary as to oil and gas leases 1015 Limitations on power of Indian allottee to lease 1016 Term of Indian lease with Secretary's approval 1016 Oil and gas lease — Nature and effect 1016 Lease to explore as a license 1016 Subletting or transfer of lease prohibited 1017 Lease by minor — Validity — Approval by Secretary — Effect. . 1017 Fraudulent contract relating to lease not enforced 1018 33 Stat. 189, p. 208, April 21 , 1904 1018 Coal and asphalt leases 1018 Alienation by Indian allottees 1019 Restrictions on alienation by allottees removed 1019 Oil leases subject to Secretary's approval 1019 33 Stat. 544, April 28, 1904 1020 Coal and asphalt 1020 XII CONTENTS. Coal, oil, and asphaltum lands — Leases — Continued. Page. 33 Stat. 1048, p. 1061, March 3, 1905 ]021 Oil leases 1021 Osage Indian reservation 1022 Foster oil lease extended 1022 Raven Mining Co.' s locations 1022 Compliance with statute 1022 Indian lands — Uintah reservation 1023 Mineral lands previously disposed of excepted 1023 34 Stat. 137, pp. 141, 142, April 26, 1906 1023 Sale of mining leases 1023 Indian lands — Oil lease 1024 Right of United States to sue on bond-securing lease 1024 Payments to be made to Indian agent 1024 Lease of minor approved by court — Effect 1025 34 Stat. 325, p. 336, June 21, 1906 1025 Mining laws extended — Coal lands 1025 34 Stat. 539, p. 542, June 28, 1906 1026 Oil lands— Osage 1026 Osage Indian allotments 1026 Allotments inalienable for certain period 1026 Minerals inalienable 1026 85 Stat. 312, p. 313, May 27, 1908 1027 Oil, gas, and mineral 1027 Five Civilized Tribes 1027 Power of alienation granted 1027 Lease as method of alienation 1028 35 Stat. 444, p. 446, May 29, 1908 1028 Coal and asphalt in town sites 1028 35 Stat. 778, March 3, 1909 1028 Oil, gas, and minerals, Osage 1028 35 Stat. 781, p. 783 March 3, 1909 1028 Lease of mineral lands — Osage 1028 36 Stat. 455, p. 456, June 1, 1910 1029 Classification and disposal — Fort Berthold Reservation 1029 39 Stat. 681, August 3, 1914 1030 Coal deposits — Fort Berthold Reservation 1030 37 Stat. 631, April 3, 1912 1031 Coal deposits reserved — Fort Berthold Reservation 1031 37 Stat. 67, February 19, 1912 1032 Coal and asphaltum — Sale of surface 1032 37 Stat. 518, p. 534, August 24, 1912 1035 Coal and asphaltum lands — Sale of surface 1035 37 Stat. 78, April 5, 1912 1035 Coal leases — Choctaw and Chickasaw Nations 1035 37 Stat. 518, p. 531, August 24, 1912 1036 Improvements on coal lands 1036 LAND DEPARTMENT. 9 Stat. 395, March 3, 1849 1038 Department of the Interior — Supervision of minerals transferred to 1038 31 Stat. 960, p. 1003, March 3, 1901 1038 Mineral surveyors — Stationery 1038 Payment of expenses of plats and field notes 1038 CONTENTS. XIII LEAD MINES. Page. 3 Stat. 332, April 29, 1816 1039 Lead mines and salines — Illinois, Michigan, and Missouri 1039 4 Stat. 364, March 3, 1829 1039 Reserved lead mines — Sale — Missouri 1039 Lead mines — Disposal 1040 Salt springs — Disposal 1040 Leasing salines and lead mines 1040 4 Stat. 686, June 26, 1834 1040 Sale of lead mines — Illinois and Missouri 1040 Construction — President's power to sell lead mines 1041 Lead mines — Sale unauthorized 1041 9 Stat. 37, July 11, 1846 1041 Sale of lead mines — Arkansas, Illinois, Iowa, and Wisconsin 1041 OIL AND PHOSPHATE LANDS. 29 Stat. 526, February 11, 1897 1043 Oil lands — Location as placer claims 1043 Oil lands 1043 Oil lands located as placer claims 1043 Location of oil claims 1044 Lands chiefly valuable for oil 1044 Discovery — What constitutes 1044 Discovery — Insuflficiency 1045 Asphaltum located as oil claim 1046 Existing locations approved 1046 Priority of location — Protection 1047 First locator not a discoverer — Knowledge necessary 1047 Acreage — One discovery 1047 Contest with homestead claimant 1047 Hearing to determine character of land 1048 32 Stat. 825, February 12, 1903 1048 Oil mining claims — Assessment work 1048 36 Stat. 1015, March 2, 1911 1048 Oil and gas lands — Locators protected 1048 Oil and gas lands 1048 Defective title cured and transfers protected 1048 39 Stat. 708, August 25, 1914 1049 Oil and gas lands — Locators protected — Amendment 1049 37 Stat. 496, August 24, 1912 1049 Agricultural entries — Oil and gas reserved 1049 37 Stat. 687, February 27, 1913 1050 Oil and phosphate lands — Selection by Idaho 1050 39 Stat. 509, July 17, 1914 1051 Oil and phosphate lands — Agricultural entry 1051 PHILIPPINE ISLANDS MINING ACT. 31 Stat. 895-910, March 2, 1901 1053 Philippine Islands — Mining rights 1053 Unoccupied ground — Adverse claim 1053 32 Stat. 697-710, July 1, 1902 (original act); 33 Stat. 689, p. 692, February 6, 1905 (amendment) 1053, 1066 Mining rights and claims 1053 Native operation of Philippine lands respected 1067 Limitations of section 22 1067 Mining claim located on existing claim — Effect 1067 Occupation of mining claim for period of statute of limitations 1067 XIV CONTENTS. Page. 34 Stat. 23, February 26, 1906 1067 Coal claims — Purchase 1067 PIPE LINES — REGULATIONS — RIGHT OF WAY. 25 Stat. 438, August 13, 1888 1068 Oil, gas, and salt water 1068 29 Stat. 127, May 21, 1896 1068 Right of way — Colorado and Wyoming 1068 33 Stat. 65, March 11, 1904 1069 Right of way — Grant by Secretary 1069 Congress may empower Secretary to grant right of way for pipe lines. . 1070 34 Stat. 584, June 29, 1906 1070 Oil and gas lines — Regulations 1070 Pipe-line act 1070 Purpose of act 1070 Construction and application of amendment 1070 Transportation of oil — Interstate commerce 1071 Pipe-line owners as common carriers — Validity of amendment 1071 Ownership of pipe lines — Nature and rights 1072 Private pipe-line owners unaffected 1072 36 Stat. 296, April 12, 1910 1073 Right of way — Oil and gas^Arkansas 1073 PRIVATE-LAND CLAIMS. 9 Stat. 631, March 3, 1851 1074 California — Commission to settle 1074 Purpose of act 1075 Minerals passed to United States 1075 12 Stat. 71, June 21, 1860 1075 New Mexico — Confirmation of private claims 1075 Private land claims 1076 Purpose and extent of grant — Mineral lands 1076 Baca heirs • 1076 Selection of nonmineral lands 1076 Time for selecting nonmineral lands 1077 Nonmineral character of lands selected — Burden of proof 1077 Known mineral lands excluded 1077 Mineral character of lands once determined — Effect 1077 12 Stat. 836, April 11, 1860 1078 Porterfield heirs — Location of lands 1078 Porterfield scrip — Location 1078 26 Stat. 854, p. 860, March 3, 1891 1078 Settlement — Mines and minerals excepted 1078 Purpose of act 1078 Allowance of private land claims 1078 Mineral lands excepted— Effect 1079 PUBLIC AND MINERAL LANDS — MISCELLANEOUS. Ordinance of 1785— May 20, 1785 1080 Mineral lands — Disposal 1080 Sale of public lands — Reservation of minerals 1080 2 Stat. 87, April 16, 1800 1081 Copper mines — Indian title 1081 CONTENTS. XV 9 Stat. 146, March 1, 1847 1081 Land district — Michigan — Sale of mineral lands 1081 Mineral lands 1083 Order of sale — Effect on mineral and school lands 1083 Geological survey ordered 1083 Iron ore — Lands not mineral , 1083 Lease of mineral lands — Rights conferred 1084 9 Stat. 179, March 3, 1847 1084 Land district — Wisconsin — Mines and mineral lands 1084 9 Stat. 452, September 9, 1850 1085 Enabling act — California — Public lands 1085 Disposal of mineral lands 1086 9 Stat. 472, September 26, 1850 1086 Mineral lands — Price reduced — Michigan and Wisconsin 1086 Purpose and effect of act 1086 Rights of lessees 1087 9 Stat. 496, p. 500, September 27, 1850 1087 Surveyor general — Oregon — Salines and minerals 1087 12 Stat. 409, May 30, 1862 1087 Public surveys — Preemption rights to unsurveyed lands 1087 Preemption rights extended — Mineral lands excepted 1088 12 Stat. 413, June 2, 1862 1088 Land office — Colorado — Preemption rights 1088 Mineral or inclosed lands not subject to preemption 1088 13 Stat. 440, p. 441, February 27, 1865 1089 Possession — Mining title — Recovery 1089 Force and effect of act 1089 Common-law nature of act — Possessory right 1089 Mining title — Meaning 1089 Possessory action — Paramount title of United States 1089 14 Stat. 66, p. 67, June 21, 1866 1090 Homestead act — Alabama, Arkansas, Florida, Mississippi, and Louisiana — Mineral lands excepted 1090 14 Stat. 218, July 23, 1866 1090 Mineral lands — Title — California 1090 State selections confirmed 1091 Mexican titles confirmed 1091 Mexican grants 1092 Mineral lands excluded 1092 Mexican grantees or assigns 1092 Improved lands withdrawn from preemption 1092 Proof to obtain title — Absence of minerals 1092 17 Stat. 465, February 18, 1873 1093 Coal and iron lands — Method of purchase — Michigan, Minnesota, and Wis- consin 1093 Effect of act 1093 Mineral lands in certain States excepted 1093 Codification of act : 1093 Iron deposits excepted 1094 18 Stat. 371, pp. 374, 382, March 3, 1875 1094 Mineral statistics — Rancho Panoche Grande lands— Investigation 1094 Mineral lands in California — Patent 1094 19 Stat. 102, p. 121, July 31, 1876 1094 Classification of public lands — Coal lands 1094 XVI CONTENTS. Page. 19 Stat. 344, p. 348, March 3, 1877 1094 Classification of public lands — Coal lands 1094 20 Stat. 206, p. 229, June 20, 1878 1095 Classification of public lands — Coal lands 1095 20 Stat. 377, p. 392, March 3, 1879 1095 Inspecting mineral deposits and coal fields 1095 34 Stat. 88, March 27, 1906 1095 Classifying public lands — Alabama 1095 34 Stat. 89, March 27, 1906 1096 Leasing lands — Colorado 1096 34 Stat. 313, June 20, 1906 1096 Sponges— Mining 1096 Sponge-mining act 1097 Application of act to sponges in tide waters 1097 39 Stat. 692, August 15, 1914 1097 New sponge-mining act 1097 34 Stat. 517, Chap. 3554, June 27, 1906 1098 Sale of isolated tracts — Nonmineral 1098 Application for isolated tracts — Showing as to absence of mineral 1098 RAILROAD GRANTS. Mineral lands excluded 1099 12 Stat. 489, p. 492, July 1, 1862 1099 Union Pacific — Mineral lands not included 1099 Railroad grant — Union Pacific 1099 Construction and effect 1100 Mineral lands excepted 1100 Mining locations within limits 1101 Mineral character of land 1101 Extent and value 1101 Known mineral character — Meaning 1102 Hearing to determine — Practice 1103 Determination — Effect — Time of making 1103 Lands returned as mineral — Burden of proof 1104 Nonmineral lands pass under grant 1104 List of lands selected — Notice — Burden of proof 1105 Notice — Publication and posting 1105 Right of way over mineral lands 1105 Patent 1106 Office and effect 1106 Meaning and extent of excepting clause 1106 Subsequent discovery of minerals — Effect on title 1106 Lands valuable for stone 1107 Conveyance by railroad company — Right and title of purchaser. . 1107 13 Stat. 356, p. 358, July 2, 1864 1107 Amendment to 12 Stat. 489— Union Pacific 1107 Construction of amended act 1108 Railroad grant — Union Pacific 1108 Policy of Government to exclude minerals 1108 Minerals and mineral lands excepted 1109 Mining claims — Exception and meaning. 1109 Minerals and improvements excepted 1109 Coal and iron lands not excepted 1110 Coal and iron not included in mineral lands 1110 CONTENTS. XVII Mineral lands excluded — Continued. Page. 14 Stat. 79, July 3, 1866 1110 Amendment to 12 Stat., 489 — Union Pacific 1110 Railroad grant — Kansas 1111 Mineral lands reserved 1111 13 Stat. 66, p. 67, May 5, 1864 1111 Mineral lands reserved 1111 Railroad grant — Wisconsin 1111 Mineral lands excluded 1111 Lands known to contain mineral — Relief 1112 Issuance of patent — Effect 1112 Jurisdiction of Land Department — Termination 1112 13 Stat. 365, July 2, 1864 1112 Northern Pacific — Mineral lands excluded 1112 Railroad grant — Northern Pacific 1114 Policy of Government as to mineral lands 1114 Nonmineral lands only included 1114 Mineral lands excepted 1114 "Mineral " — Meaning and application — Coal and iron 1115 Stone and fire clay as minerals 1116 Mining claims excepted from railroad grant 1116 Nonmineral lands not excepted as mining claims 1117 Mineral character of land ! 1118 Determination — Hearing 1118 Question of fact — Proof 1118 Jurisdiction of Land Department 1119 Determination of department conclusive 1119 Effect of return of surveyor — Presumption 1120 Time of determination 1121 Location of road 1121 Open until patent issues 1121 Extent and value of minerals 1122 Settlement on coal land — Effect and protection 1122 Indemnity lands — Selection and location 1123 Conveyance by railroad company — Right of purchaser 1124 Patent 1124 Issuance — Effect of exceptions 1124 Cancellation for fraud 1125 30 Stat. 597, p. 620, July 1, 1898 1125 Northern Pacific — Mineral lands reserved 1125 Railroad grant — Northern Pacific 1125 Purpose of act 1125 Lands classified as mineral not selected— Iron and coal lands. . 1126 Indemnity selections 1126 Title to selected lands 1126 14 Stat. 83, p. 84, July 4, 186G 1127 Iron Mountain — Mineral lands reserved — Coal and iron 1127 Railroad grant — Iron Mountain 1128 Minerals excepted — Extent 1128 Application to public lands 1128 14 Stat. 94, p. 95, July 13, 1866 1129 Placerville and Sacramento Valley — Right of way 1129 56974°— Bull. 94, pt 2—15 2 XVIII CONTENTS. Mineral lands excluded — Continued. Page. 14 Stat. 239, p. 241, July 25, 1866 1129 Central Pacific — Minerals — Coal and iron not excepted 1129 Railroad grant — Central Pacific — California and Oregon 1130 Mineral lands reserved 1130 Mineral character of land 1131 Determination — Hearing and adjudication 1131 Indemnity land — Selection and title 1131 14 Stat. 292, p. 295, July 27, 1866 1131 Atlantic and Pacific — Minerals — Coal and iron not excepted 1131 Railroad grant — Atlantic and Pacific — Southern Pacific 1132 Nature, construction and effect of grant 1133 Mineral lands excepted from grant 1133 Kinds of minerals excepted 1134 Oil as mineral — Lands excepted 1134 Indemnity lands — Minerals excepted 1134 Character of land — Determination 1135 Decisions of Land Department conclusive 1135 Discovery of mineral before patent — Effect 1136 Patent 1136 Determination of character of land 1136 Extent and effect of excepting clause 1136 No private entry after issue 1137 Purchaser from railroad company — Title 1137 Title of Southern Pacific to oil lands — Burke case 1137 16 Stat. 382, June 28, 1870 1138 Southern Pacific — Patents 1138 15 Stat. 187, July 25, 1868 1139 Southern Pacific — Extension of time 1139 Railroad grant — Southern Pacific 1139 Return of surveyor general — Entry without notice 1139 Application for patent — Protest — Hearing 1139 14 Stat. 338, July 28, 1866 1140 Arkansas and Missouri — Mineral lands excepted 1140 Grant to States — Arkansas and Missouri 1140 Mineral lands excepted 1140 14 Stat. 548, March 2, 1867 1140 Mineral lands excepted — California 1140 16 Stat. 94, May 4, 1870 1141 Oregon Central — Mineral lands excepted 1141 16 Stat. 573, p. 576, March 3, 1871 1141 Texas Pacific — Minerals excepted — Coal and iron not excepted 1141 Railroad grant — Texas Pacific 1143 Indemnity lands — Petroleum lands excepted 1143 16 Stat. 580, March 3, 1871 - 1143 South and North Railroad — Mineral lands excepted 1143 17 Stat. 339, June 8, 1872 1143 Denver and Rio Grande — Rights conferred 1143 Railroad grant — Denver and Rio Grande 1144 Mining claims subject to grant 1144 24 Stat. 477, March 3, 1887 1144 Salt Lake and Fort Douglas — Rights conferred 1144 Desert lands 1145 CONTENTS. XIX Mineral lands excluded — Continued. Page. 24 Stat. 556, March 3, 1887 1145 Adjustment of grants — Forfeiture of unearned lands 1145 Railroad grant — Adjustment 1146 Application of act — Patent for mineral lands 1146 Mineral character of land — Subsequent discovery of minerals. - . . 1146 Application to purchase — Showing 1147 Purchaser from railroad company — Title to minerals 1147 Railroad lands — Classification 1148 28 Stat. 683, February 26, 1895 1148 Classification of mineral lands — Northern Pacific 1148 Railroad grant — Mineral lands classified 1151 Purpose of act — Classification of mineral lands 1151 Classification of railroad lands within certain limits 1152 Act refers to mining laws in force at time 1152 Tribunal for determining character of land 1152 Classifications — Matters considered by commissioners 1153 Lands classified as mineral 1153 Classification — Effect as to mineral character 1154 Selections of classified lands canceled 1154 Indemnity selections — Limits 1155 Mineral locations and entries not suspended 1155 Protest against classification — Effect — Practice 1155 Classification — Approval 1156 30 Stat. 11, 37, June 4, 1897 1156 Expenses for classification of mineral lands 1156 30 Stat. 1074, p. 1096, March 3, 1899 1157 Completion of classification — Time extended — Expenses 1157 31 Stat. 588, p. 615, June 6, 1900 1157 Completion of classification — Reports of commissioners 1157 Purpose of act 1158 Completion of classification 1158 Selection of nonmineral lands — Application 1158 Vacant lands — Meaning 1158 Jurisdiction of Land Department — Termination 1158 RESERVATIONS. 16 Stat. 149, June 11, 1870 1159 Hot Springs Reservation — Arkansas 1159 19 Stat. 377, chap. 108, March 3, 1877 1159 Hot Springs Reservation — Arkansas — Amendment 1159 Salines and salt springs 1160 Hot Springs Reservation — Rights of lessees and claimants. 1160 23 Stat. 103, July 5, 1884 1160 Abandoned reservations — Disposal 1160 Mining claims in abandoned reservations — Disposal 1160 Stone lands locatable as placers 1161. 28 Stat. 664, February 15, 1895 1161* Abandoned reservations — Disposal — Amendment 1161 26 Stat. 227, July 10, 1890 1161 Military reservations — Disposal — ^Wyoming 1161 26 Stat. 478, September 25, 1890 1162 Park lands — California 1162 26 Stat. 650, October 1, 1890 1162 Forest reservations 1162 Miner's right to cut timber on reservation 1163 XX CONTENTS. Page. 26 Stat. 747, February X3, 1891 1163 Abandoned military reservation — Fort Ellis — Disposal 1163 26 Stat. 1095, p. 1103, March 3, 1891 1164 Forest reservations — President's power to set aside public lands 1164 30 Stat. 11, pp. 35, 36, June 4, 1897 1164 Forest reservations — Provisions governing establishment 1164 Forest reservation act 1166 Purpose and effect of act 1166 Mineral lands restored to public domain 1167 Right to prospect for minerals 1167 Coal lands in forest reservations — Entry 1167 Mining claims in reservations protected 1168 Improper use of mining claim not permitted 1168 Selection of lieu lands 1169 Authority of Land Department 1169 Authority of local officers 1170 Effect and validity of regulations 1170 Practice 1171 Lands subject to selection — Conditions 1171 * * Vacant and unoccupied " — Meaning 1173 Character determined at date of selection 1174 Vested rights and titles protected 1175 Mineral lands not selectable 1177 Lands located near mineral lands — Effect 1177 Effect of patent for lieu selections 1177 Mineral surveyor can not make selection , 1177 27 Stat. 408, December 22, 1892 1178 Abandoned military reservations — Disposal — Wyoming 1178 29 Stat. 11, February 20, 1896 1178 Forest reservations — Opened to location of mining claims 1178 29 Stat. 95, April 18, 1896 1179 Military reservations — Disposal of abandoned portions — Montana 1179 30 Stat. 993, p. 994, March 2, 1899 1179 Mount Rainier National Park — Mineral land laws extended to Park 1179 Reservation — Mount Rainier National Park .■ 1180 Exchange of lands rather than selections 1180 Nonmineral and unoccupied surveyed lands selectable only 1180 Classification of lands by field notes of survey 1181 Lands selected in exchange must be nonmineral 1182 Grant of lands in exchange for lands "within the grant" 1182 Selection of lands classified as mineral — Effect 1183 Coal and iron lands as mineral unless excluded 1183 Lieu lands protected from subsequent discovery 1183 39 Stat. 699, August 22, 1914 1183 Glacier National Park— Minerals protected 1183 31 Stat. 672, p. 676, June 6, 1900 1184 Indian reservations — Mineral lands open to location 1184 Construction of act 1185 Mineral deposits on Indian allotments 1185 Mining laws extended to allotted lands 1186 Right to prospect allotments for minerals — Limitations 1186 Time for making mineral locations on allotments 1186 Mineral character of land — Burden of proof 1187 CONTENTS. XXI Page. 33 Stat. 243, April 22, 1904 1187 Military reservations — Fort Walla Walla — Sale of mineral lands 1187 34 Stat. 233, p. 234, June 11, 1906 1187 Forest reservations — Entry subject to mining laws 1187 RIGHTS OP WAY. 10 Stat. 28, August 4, 1852 1188 Railroads, plank roads, and turnpikes 1188 10 Stat. 683, March 3, 1855 1188 Railroads, plank roads, and turnpikes — Amendment 1188 18 Stat. 482, March 3, 1875 1188 Railroads through public lands 1188 Railroad grant 1189 Appropriation and selection — Mining claims 1189 Mining claims subject to right of way 1189 26 Stat. 371, p. 391, August 30, 1890 1189 Canals and ditches 1189 Reservoir sites — Mineral lands 1190 26 Stat. 1095, p. 1101, March 3, 1891 1190 Canals and ditches 1190 28 Stat. 635, January 21, 1895 1190 Tramroads, canals, and reservoirs 1190 29 Stat. 40, p. 42, March 2, 1896 1190 Fort Smith & Western Coal Railroad 1190 29 Stat. 120, May 14, 1896 1191 Tramroads, canals, and reservoirs — Electric power 1191 30 Stat. 910, p. 911, February 28, 1899 1191 Pasadena & Mount Wilson Railroad — Minerals reserved 1191 30 Stat. 1214, p. 1233, March 3, 1899 1191 Forest reservations — Reservoir sites — Highways across 1191 31 Stat. 790, February 15, 1901 1192 Public lands — Permits generally 1192 33 Stat. 628, February 1, 1905 1192 Forest reservations — Municipal and mining purposes 1192 Rights of way in forest reserves 1193 Limitations on use of privilege 1193 Application of act to mining property 1193 SALINES AND SALT SPRINGS. 1 Stat. 464, p. 466, May 18, 1796 1194 Surveyor must note mines, salt licks, and salt springs 1194 Surveyor's duties 1194 Location of mines, salt springs, etc., on field books 1194 Surveyor's notation of mines — Effect as evidence 1195 Salines reserved from sale 1195 Salt springs reserved from sale 1195 Mineral locations qfi agricultural lands — Effect 1196 1 Stat. 490, June 1, 1796 1196 Surveys and reservations 1196 2 Stat. 73, May 10, 1800 1196 Reserved from sale of public lands 1196 Salt springs and salines 1197 Reservations continued 1197 Leasing provisions include lead mines and salt springs 1197 2 Stat. 235, March 3, 1803 1197 Working salt springs — Wabash River 1197 XXII CONTENTS. Page. 2 Stat. 445, March 3, 1807 1197 Working salt springs and lead mines prohibited — Lease for working 1197 Leasing lead mines — Term 1198 3 Stat. 211, February 17, 1815 1198 Lead mines and salt springs excepted from lieti lands 1198 New Madrid certificate — Rights of holder 1198 3 Stat. 256, March 5, 1816 1199 Bounties to Canadian volunteers 1199 Salt springs and lead mines exempted 1199 3 Stat. 296, April 24, 1816 1199 Lease of salines on Wabash River 1199 4 Stat. 451, March 2, 1831 1199 Salt springs reserved — Illinois 1199 4 Stat. 505, April 20, 1832 1200 Lease of salt springs — Arkansas 1200 Salt springs in Arkansas — Leasing 1200 5 Stat. 453, September 4, 1841 1200 Salines and mines excepted from preemption rights 1200 Construction and purpose of act 1201 Mineral and saline laws 1201 Meaning and application 1201 Reservation 1202 Salines excepted from sale or preemption 1202 Mineral springs not excepted 1203 Subsequent discoveries — Effect 1203 State selections — What constitutes 1203 5 Stat. 507, August 16, 1842 1203 Salines and salt springs excepted from preemption rights — Iowa 1203 6 Stat. 161, April 16, 1816 1204 Sale of salt springs — Ohio 1204 6 Stat. 779, March 3, 1839 1204 Sale of Salt Lick Reservation — Tennessee 1204 9 Stat. 181, March 3, 1847 1204 Sale of salt springs — Arkansas, Illinois, and Michigan 1204 10 Stat. 15, July 12, 1852 1205 Sale of saline lands — Indiana 1205 10 Stat. 308, July 22, 1854 1205 Mineral lands and salines reserved — Kansas, Nebraska, and New Mexico. 1205 Construction and purpose 1206 Policy as to minerals and salines 1206 Mineral, saline, and school lands excepted 1207 Mineral lands not subject to preemption or settlement 1207 Grant to Kansas and Nebraska 1207 Salines excepted 1207 Surveyor general — Duties 1208 11 Stat. 186, March 3, 1857 1208 Sale of public lands — Nebraska — Salines and salt springs excepted 1208 Salines reserved from sale 1209 19 Stat. 221, January 12, 1877 1209 Sale of saline lands 1209 Saline and salt lands 1210 Construction of act 1210 Provisions for disposal 1210 Policy of Government as shown by act 1211 Meaning and application of term 1211 CONTENTS. XXm 19 Stat. 221, January 12, 1877— Continued. Sale of Baline lands — Continued. Saline and salt lands — Continued. Page. Proviso of act — Application to States 1211 Reservation from agricultural entry 1212 Sale — Method and terms 1212 Hearing to determine 1212 22 Stat. 349, August 7, 1882 1212 Lease of salt deposits — Manufacture of salt 1212 Salines — Lease for salt manufacture 1213 31 Stat. 745, January 31, 1901 1213 Mineral laws extended to salines and salt springs 1213 Saline land act 1213 Acquisition of salines under mining laws 1213 Mining laws extended to salines and salt springs 1214 Rock salt — Location and effect 1214 settlers' relief acts. 3 Stat. 260, March 25, 1816 1215 Permission to work salt springs and lead mines 1215 Working lead mines or salt springs prohibited 1215 18 Stat. 194, June 22, 1874 1215 Railroad lands — Relief of settlers 1215 Railroad grants 1216 Relinquishment — Selection of lieu lands 1216 Minerals excluded — Exceptions 1216 21 Stat. 140, May 14, 1880 1216 Preemption, homestead, and timber-culture entries 1216 Settlers' relief act 1217 Construction 1217 Application of act 1217 Rights conferred 1217 Preference right of entry 1217 21 Stat. 237, June 15, 1880 1218 Trespass condoned by purchase 1218 Application of act to mineral lands 1218 Purchase of lands condones trespass 1218 21 Stat. 287, chap. 244, June 16, 1880 1219 Cancellation of entries — Repayment of fees 1219 Settlers' relief act 1219 Construction and application of act 1219 Repayment in case of erroneous entry only 1220 Who are entrymen entitled to relief? 1220 Assignees entitled to relief 1220 No repayment on fraudulent entry 1220 26 Stat. 662, October 1, 1890 1221 Protection against phosphate discoveries 1221 Purpose of act — Settlers protected 1221 Phosphate discoveries — Protection of settlers — Burden of proof 1221 26 Stat. 1095, March 3, 1891 1221 Repeal of timber-culture and preemption laws 1221 Purpose and construction of act 1224 Settlers' rights protected 1224 Mineral lands reserved 1225 Act not retroactive 1225 Repealing effect 1225 XXIV CONTENTS. 26 Stat. 1095, March 3, 1891— Continued. Repeal of timber-culture and preemption laws — Continued. Page. Application of act 1225 Nonmineral lands 1225 Mineral lands in reservations — Entry 1226 Homestead settlements 1226 Showing as to intent and use 1226 Mineral character of land — Determination 1226 Valid mining claim — Failure to prospect or discover 1227 Coal lands — Application of act 1227 Right to cut timber — Uses 1228 Suits to cancel patents 1228 Rights of way — Easements 1228 Use of canals — Method of acquiring 1228 Reservoir sites — Selection 1228 Claims initiated under act 1228 27 Stat. 390, August 5, 1892 1229 Settlements on railroad lands — North and South Dakota 1229 Lands subject to sale under grant 1230 Indemnity selections by railroad — Consideration 1230 Return of lands as mineral not a classification 1230 33 Stat. 556, April 28, 1904 , 1231 Settlements on railroad lands — New Mexico 1231 34 Stat. 1408, March 4, 1907 1231 Homesteads in Alabama 1231 Settlers' relief act— Withdrawals 1232 Mineral lands not subject to selections 1232 35 Stat. 48, March 26, 1908 1233 Cancellation of entries — Repayment of money 1233 Settlers' relief act 1233 Mineral entries canceled — Repayment 1233 35 Stat. 645, February 24, 1909 1234 Mineral surveys — Repayment 1234 Mineral surveys — Relief 1234 Repayment of excessive deposits 1234 ■ Cost of mineral surveys — Ascertainment 1234 SHERMAN ANTITRUST ACT — COAL COMPANIES. 26 Stat. 209, July 2, 1890 1235 Combinations 1235 Sherman Antitrust Act 1236 Combinations — Extent of act 1236 Combinations — Right of coal company to refuse to sell 1236 soldiers' ADDITIONAL HOMESTEAD RIGHTS. 17 Stat. 333, June 8, 1872 1237 Additional homestead rights to soldiers 1237 17 Stat. 605, March 3, 1873 1238 Homestead rights to soldiers — Amendment 1238 Soldiers' homestead rights 1238 Right to locate lands withdrawn for coal classification 1238 Coal character of land — Time of determination 1238 CONTENTS. XXV STATE AND PUBLIC GRANTS. Page. State grants 1239 2 Stat. 173, April 30, 1802 1239 Salines and salt springs granted to Ohio 1239 Salt springs included in grant to State 1239 2 Stat. 277, March 26, 1804 1239 Salines and salt springs reserved 1239 Salt springs reserved 1240 2 Stat. 324, March 2, 1805 1240 Salt springs and lead mines reserved 1240 Salt springs reserved 1240 2 Stat. 391, April 21, 1806 1241 Salt springs reserved 1241 2 Stat. 440, March 3, 1807 .* 1241 Salt springs and lead mines reserved 1241 2 Stat. 617, February 15, 1811 1241 Salines and salt springs — Lead mines — Louisiana 1241 2 Stat. 662, March 3, 1811 1242 Salines and salt springs — Lead mines — Orleans and Louisiana 1242 Salt springs reserved 1242 2 Stat. 448, p. 449, March 3, 1807 1243 Lead mines reserved 1243 Construction — Territory same as land 1243 Reservation of mines 1243 Policy 1243 Lead mines reserved 1243 Value determined by operation 1244 Lead mines 1244 President authorized to lease 1244 2 Stat. 470, February 29, 1808 1245 Disposal of saline, and salt springs — Ohio 1245 3 Stat. 289, April 19, 1816 1245 Salines and salt springs granted to Indiana 1245 Salt springs • 1245 Grant to State 1245 State's right to salt springs as against patentee 1246 3 Stat. 428, April 18, 1818 1246 Salines and salt springs granted to Illinois 1246 Salt springs 1246 Grant to Illinois 1246 Effect of grant 1247 Extent of grant 1247 3 Stat. 489, March 2, 1819 1247 Salines and salt springs granted to Alabama 1247 State grants 1247 Mineral lands excepted — Policy 1247 Lands granted with salt springs 1248 Alabama grant 1248 Mineral lands granted 1248 Effect on coal lands 1249 Indemnity selections by Alabama 1249 23 Stat. 12, April 23, 1884 1250 Alabama University lands 1250 Alabama University grant 1250 Right to select mineral lands 1250 XXVI CONTENTS. State grants — Continued. Page. 3 Stat. 545, March 6, 1820 1251 Salines and salt springs granted to Missouri 1251 Salt springs 1251 Grant to Missouri 1251 3 Stat. 787, March 3, 1823 1252 Salines and salt springs granted to Missouri 1252 4 Stat. 79, December 28, 1824 1252 Sale of salines and salt springs — Ohio 1252 4 Stat. 305, May 24, 1828 1252 Sale of salines and salt springs — Illinois 1252 5 Stat. 58, June 23, 1836 1253 Salines and salt springs granted to Arkansas 1253 Salt springs 1253 Grant to Arkansas 1253 5 Stat. 59, June 23, 1836 1253 Salines and salt springs granted to Michigan 1253 Salt springs 1254 Grant to Michigan 1254 5 Stat. 789, March 3, 1845 1254 Salines and salt springs granted to Iowa and Florida 1254 Salt springs 1255 Grant to Iowa 1255 Grant to Florida 1255 9 Stat. 56, August 6, 1846 1255 Salines and salt springs granted to Wisconsin 1255 Salt springs 1256 Grant to Wisconsin 1256 10 Stat. 5, May 4, 1852 1256 Salines and salt springs — Wisconsin 1256 10 Stat. 7, May 27, 1852 1256 Sale of salines and salt springs to Iowa 1256 10 Stat. 172, p. 179, March 2, 1853 1257 Mineral lands reserved from grant to Washington 1257 Grant to Washington — Mineral lands reserved 1257 10 Stat. 244, March 3, 1853 1257 Mineral lands reserved from grant to California 1257 Construction and application of act 1259 Grant to California 1259 Mineral lands reserved 1259 School grants 1260 Mineral lands excepted 1260 Improved lands excepted 1260 Time of taking effect — Sui-vey 1260 Seminary purposes — Mineral lands excepted 1261 Selections for public buildings — Mineral lands excepted 1261 Coal lands reserved 1261 Selection of lieu lands— Effect 1262 Proof of mineral character of land 1263 Subsequent discovery of minerals — Effect 1263 10 Stat. 346, August 3, 1854 1263 Title vested in States 1263 10 Stat. 597, December 15, 1854 1264 Salines and salt springs granted to Wisconsin 1264 CONTENTS. XXVII State grants — Continued . Page. 11 Stat. 9, May 15, 1856 1264 Grant to Iowa in aid of railroads 1264 General reservation — Saline lands included 1264 11 Stat. 15, May 17, 1856 1264 Grant to Alabama and Florida in aid of railroads 1264 Railroad grants in Alabama and Florida 1265 Minerals and phosphates excepted 1265 16 Stat. 45, April 10, 1869 1265 Grant to Alabama in aid of railroads 1265 11 Stat. 166, February 26, 1857 1266 Salines and salt springs granted to Minnesota 1266 Grant to Minnesota 1266 Salt springs included — Exceptions 1266 11 Stat. 269, May 4, 1858 1267 Salines and salt springs granted to Kansas 1267 Grant to Kansas 1267 Salines and salt springs 1267 11 Stat. 383, February 14, 1859 1267 Salines and salt springs granted to Oregon 1267 Grant to Oregon 1268 Salines and salt springs 1268 Selections by State — Time of making 1269 Selection of lieu lands — Proof of mineral character 1269 12 Stat. 124, December 17, 1860 1269 Selection of salt springs — Oregon 1269 Salt springs — Time of selection 1269 12 Stat. 126, January 29, 1861 1270 Salines and salt springs granted to Kansas 1270 12 Stat. 503, July 2, 1862 1270 Lands donated to States 1270 13 Stat. 30, March 21, 1864 1270 Salines and minerals reserved — Nevada 1270 Grant to Nevada 1271 Construction — Reservations 1271 Mineral lands reserved 1271 Salines not granted 1271 School grants — Indemnity lands - 13 Stat. 47, April 19, 1864 , 1272 Salines and salt springs gran' ' _ Nebraska 1272 Nebraska enabj^j purpose as to saline.- 1272 Const^-n(i gait springs included 1273 ^fed rights in salt springs — Effect 1273 , January 30,1865 1273 13 Stat^i lands reserved from State and railroad grants 1273 ■^^ffect and application of resolution 1273 Mineral lands excepted from congressional grants 1273 Mineral lands in Nevada 1274 Railroad grant — Northern Pacific 1274 14 Stat. 43, May 5, 1866 1274 Mineral lands excepted and claims protected 1274 Mining titles protected 1274 XXVIII CONTENTS. State grants — Continued. Page. 14 Stat. 80, July 3, 1866 1274 Mineral lands reserved from grant in Michigan 1274 14 Stat. 81, July 3, 1866 1275 Canal grants — Mineral lands reserved 1275 14 Stat. 85, July 4, 1866 1275 Mineral lands reserved from sale — Nevada 1275 Mineral acts codified 1275 Reservations of mineral lands 1275 Nevada estopped from claiming title to mines 1275 14 Stat. 409, February 25, 1867 1276 Wagon-road grant — Mineral lands excepted — Oregon. 1276 15 Stat. 67, p. 68, oh. 55, June 8, 1868 1276 College grant — Mineral lands excepted — Nevada 1276 16 Stat. 5 81, March 3, 1871 1276 College grant — Mineral lands excepted — California and Nevada 1276 State grant — Nevada 1277 Mineral lands excepted 1277 State grant — California 1278 Sale by State — Mineral lands excepted 1278 15 Stat. 169, July 23, 1868 1278 Navigation grant — Mineral lands excepted — Minnesota 1278 State grant — Minnesota 1278 Mineral lands excepted 1278 15 Stat. 178, p. 183, July 25, 1868 1278 School grant to Wyoming 1278 School grant — Wyoming 1278 School lands — Coal lands included 1278 15 Stat. 340, March 3, 1869 1279 Wagon-road grant — Mineral lands excepted — Oregon 1279 16 Stat. 594, February 9, 1871 1279 Agricultural grant — Mineral lands reserved — Kansas 1279 18 Stat. 474, p. 476, March 3, 1875 1279 Salines and minerals excepted from grant to Colorado 1279 State grant— Colorado 1280 Mineral lands excepted — Indemnity lands 1280 Lands valuable for minerals — Meaning 1280 Salt springs — Selection and limitation 1281 Coal lands excepted 1281 •""^*^ool lands 1282 Kno . mxerai lands excep .'t^'^d 1282 Time grant takes effect— Survey"- 1282 Discovery of mineral subsequent" to sur ;"^ey-Effect 1283 iQQfof * ^ight of mineral claimant.... 1283 19 Stat. 665, August 1, 1876 ... 1284 Proclamation— Colorado. . . * -ep. i284 23 Stat. 10, April 2, 1884 , . . i284 School grant-Selection of lieu "lands - - * - 1284 IOC f^'^^^^^^o grant-Lieu lands - - - 1285 19 Stat. 267, p. 268, chap. 81, March 1, 1877 - - - 1285 School grant-Indemnity selections-California"'"' - ^285 Oillands-Classification-EffectonState'srightofselection.'.".":; L ^ 12 CONTENTS. XXIX State grants — Continued. Page. 21 Stat. 287, ch. 245, June 16, 1880 1285 School grant — Selection of lands — Nevada 1285 State grant — Nevada 1286 Purpose of act 1286 Application of act 1286 Lieu lands not to include mineral lands 1286 Selection by State — Effect as to mineral character 1286 Patents not issued to State 1287 25 Stat. 676, February 22, 1889 1287 Grant to Montana, North Dakota, South Dakota, and Washington — Minerals excepted 1287 State grant — Montana, North Dakota, South Dakota, and Wash- ington 1288 Mineral lands excepted — Lieu lands 1288 School lands — ^Time grant took effect 1289 School sections mineral — Selection of lieu lands 1289 Mineral lands 1290 Determination 1290 Stone lands 1290 Coal 1290 State selections — Mineral affidavit 1290 26 Stat. 215, July 3, 1890 1291 Grant to Idaho — Minerals excepted 1291 State grant— Idaho 1292 State selection 1292 Nonmineral lands 1292 Publication of notice 1292 26 Stat. 222, p. 224, July 10, 1890 1292 Grant to Wyoming — Minerals excepted 1292 State grant — Wyoming 1293 Mineral lands selected — Relinquishment 1293 28 Stat. 107, July 16, 1894 1293 Grant to Utah — Salines excepted 1293 State grant— Utah 1294 Salines part of grant — Disposal 1294 Nature of grant — Nonmineral lands only included 1294 Salines — Location under mining laws 1295 Mineral character of lands 1295 What constitutes — Determination 1295 Return of surveyor general — Effect 1295 Time of taking effect of grant 1295 30 Stat. 484, June 21, 1898 1296 Grant to New Mexico — Minerals excepted 1296 State grant — New Mexico 1297 Policy of Government to reserve minerals 1297 Grant of salines — Meaning and extent 1298 34 Stat. 267, p. 273, June 16, 1906 1298 Grant to Oklahoma and Arizona — Minerals, oil and gas excepted 1298 State grant — Oklahoma 1299 Disposal of mineral lands — Oil and gas 1299 School sections not subject to mining laws 1299 Grant without mineral exception 1300 Application of section 36 to Arizona 1300 XXX CONTENTS. State grants — Continued. Page. 34 Stat. 517, ch. 3555, June 27, 1906 1300 Grant to Wisconsin for forestry 1300 36 Stat. 295, April 12, 1910 1300 Sections relinquished — Wyoming 1300 36 Stat. 557, pp. 561-575, June 20, 1910 1301 Grant to Arizona and New Mexico — ^Minerals and salines excepted. . . 1301 36 Stat. 847, ch. 420, June 25, 1910 1303 College grant to Colorado 1303 36 Stat. 961, March 1, 1911 1303 Grant to protect watersheds 1303 Cities, towns, and corporations 1305 30 Stat. 487, June 21, 1898 1305 Lands for water supply — Minerals reserved 1305 36 Stat. 459, p. 461, ch. 267, June 7, 1910 1305 Grant to cities for parks 1305 36 Stat. 892, January 12, 1911 1306 Cemetery grant — Colorado : 1306 36 Stat. 1349, ch. 255, March 4, 1911 1306 Grant to Trinidad for water storage — Minerals reserved 1306 36 Stat. 1350, March 4, 1911 1307 Grants for parks — ^Minerals reserved 1307 STONE LANDS. 20 Stat. 89, June 3, 1878 1308 Lands chiefly valuable for stone 1308 Timber and stone act 1310 Purpose and application 1311 Construction of act 1311 Policy to protect timber and minerals 1312 Timber lands — Disposal 1312 Stone lands — Disposal 1313 Particular kinds of stone included 1314 Stone lands excepted from raihoad grants 1314 Application to purchase 1315 FiUng and effect 1315 Mineral lands not subject to purchase 1315 Showing as to mineral character of land 1316 Showing as to good faith 1317 Regulations as to showing of character of land 1318 Verification by oath of applicant — Basis of knowledge 1318 Quantity of land purchasable 1318 Notice — Posting and publishing 1318 Entry based on false affidavit — Effect 1319 Verification— Perjury— Effect 1319 Register to furnish final proof of notice— Publication 1320 Conspiracy to purchase — Effect 1320 Prior agreement of applicant to sell — Effect 1320 Contract of sale after application — Validity 1321 Bona fide purchaser from entryman — Title 1321 Agricultural settlement on stone lands. 1322 Agricultural entry not permitted under this act 1322 Forfeiture or cancellation of entry 1322 Recovery of money on cancellation of entry 1322 CONTENTS. XXXI 20 Stat. 89, June 3, 1878— Continued. Lands chiefly valuable for stone — Continued. Timber and stone act — Continued. Page. Patent— Cancellation 1323 State selections — Basis 1323 Regulations by Secretary 1323 Cutting of timber 1324 Construction and meaning of act 1324 Purposes for which timber may be cut 1324 Who permitted to cut 1324 Homestead settler not permitted to cut timber 1325 Indictment for cutting — Sufficiency 1326 Criminal liability — Proof and defense 1326 Trespasser — Liability and damages 1327 27 Stat. 348, August 4, 1892 1328 Lands located for building stone — Placer mining laws 1328 Stone land placer claim act 1328 Scope of act 1328 Amendment— Effect 1329 Repealing force of act 1329 Stone lands 1330 Entry as placer claims 1330 Mineral and mineral lands include stone 1330 Kinds of stone included 1331 Kinds of stone not included 1332 Grants for school purposes 1332 Railroad grants do not include 1332 Entryman's power to sell 1333 Cutting timber 1333 Criminal liability 1333 Oil lands located as placer claims 1333 33 Stat. 706, February 8, 1905 1333 Use of stone in public works 1333 TIMBER CUTTING FOR MINING PURPOSES. 4 Stat. 472, March 2, 1831 1334 Cutting timber on mineral lands — Mining purposes 1334 Timber cutting act 1334 Construed with later acts — Cutting permissible 1334 Timber cutting on mining claims 1335 20 Stat. 88, June 3, 1878 1335 Removing timber for mining purposes 1335 Timber on mineral land 1336 Construction and purpose of act 1337 States in which cutting is permitted 1338 Mining districts — Meaning 1339 Residents authorized to cut 1339 Lands on which cutting is permitted 1340 Mineral character 1340 Extent of minerals — Proof 1341 Coal lands 1341 Timber lands — What constitutes 1342 Persons authorized to cut and use XXXII CONTENTS. 20 Stat. 88, June 3, 1878— Continued. Removing timber for mining purposes — Continued. Timber on mineral land — Continued. Page. Uses for which cutting is permitted 1342 Uses named in statute 1342 Reduction, smelting, roasting, etc - 1343 Domestic purposes — Meaning 1343 Exporting prohibited 1344 Power to sell, buy, or employ others to cut 1344 Sawmill owners — Disposal of lumber 1344 Regulations as to cutting 1344 Authority and effect 1344 Validity — Restricting statute 1345 Regulations as to size of trees 1345 Regulation as to sawmill owners 1346 Duty of registers and receivers 1346 Placer locations — Fraudulent design for timber cutting 1346 Action for damages 1347 Evidence as to mineral character of land 1347 Defense — Evidence of good faith 1347 Burden of proof 1348 Willful trespass— Proof and presumption 1348 Willful trespass — Measure of damages 1348 Right of United States to recover 1349 Liability of railroad company 1349 Criminal liability — Intent 1349 26 Stat. 1093, March 3, 1891— Amendment 1350 Timber cutting on mineral lands — 26 Stat. 1095, p. 1099, sec. 8, as amended. 1350 Timber-cutting act — ^Amendment 1350 Power to permit cutting 1350 Purpose for which timber is cut 1351 Privilege of cutting timber not repealed 1351 Criminal prosecution — Defense 1351 27 Stat. 444, Februaryl3, 1893 1351 Timber cutting on mineral lands — ^Amendment 1351 30 Stat. 597, p. 618, July 1, 1898 1351 Removing timber for mining purposes — Amendment 1351 Permits to cut timber for mining purposes 1352 31 Stat. 1436, March 3, 1901 1352 Timber cutting on mineral lands — Amendment 1352 30 Stat. 11, p. 35, June 4, 1897 1352 Timber cutting on reservations 1352 35 Stat. 1088, p. 1098, March 4, 1909 1352 Timber cutting on mining claims 1352 TOWN-SITE SECTIONS AND ACTS. Section 2386, Revised Statutes 1354 Construction and application of section 1354 Town-site entry 1355 Nature and purpose 1355 Made on mineral lands 1355 Town-site laws — ^Mineral lands not acquired under 1355 CONTENTS. XXXIII Section 2386, Revised Statutes — Continued. Page. Town Bites 1357 Right of citizens to use and build 1357 Minerals open to exploration 1357 Mining locations permitted 1358 Possession of mineral claimant protected 1358 Mineral character of land — Proof 1358 Mining location as notice 1359 Title subject to mineral rights and uses 1359 Town-site owner 1360 Rights as against mineral claimant 1360 Rights as against the United States 1361 Patent for mineral lands 1361 Application by mineral claimant — Proof 1361 Adverse claim 1361 Conclusiveness as against town-site claimant 1361 Application by mineral claimant after town-site patent 1362 Town -site patent 1362 Application — Showing as to nonmineral character of land 1362 Effect as against mining rights 1362 Presumption as against subsequent mineral patent 1363 Mineral lands excepted — Known character 1363 Reservations inserted as to mineral rights 1364 Purchaser from town authorities — ^Title 1365 Effect on jurisdiction of Land Department 1365 Subsequent discovery of mineral 1365 Section 2387, Revised Statutes 1366 Town-site act — Purpose 1366 Town-site entry 1366 Effect of entry on mining claim 1366 Adverse claim 1366 Does not carry mining claims 1367 Section 2392, Revised Statutes 1367 Town-site laws 1367 Construction and purpose 1367 ' ' Mines of gold " — ' ' Lands valuable for minerals " — Meaning 1367 Town sites located on mineral lands — Effect 1368 Existing mining rights protected 1368 Title to mineral lands not acquired under 1369 Extent of prohibition against title to mines 1369 Mmeral character of land — Determination and jurisdiction 1370 Minerals in town-site lands open to exploration 1370 Town-site patent 1371 Effect as a conveyance 1371 Minerals reserved — Meaning and proof 1371 Mineral lands exempted — Proof of value 1372 Known lode claim included — Remedy 1372 Effect as against mineral claimants 1372 Relief against prior mineral entry 1373 Ground abandoned by mineral claimant — Presumption 1373 Mill site excepted 1373 Subsequent discovery of mineral 1374 56974°— Bull. 94, pt 2—15 3 XXXIV CONTENTS. Section 2392, Revised Statutes — Continued. Page. Mineral patent 1374 Application — Objections — Priority of rights 1374 Reserving town-site rights 1375 Priority of location — Relation — Reservation 1375 Town-site o\vner — No compensation for improvements 1375 5 Stat. 657, May 23, 1844 1375 Entry by corporate authorities 1375 Town-site laws 1376 Force and application 1376 Mineral lands not subject to occupation 1376 14 Stat. 541, March 2, 1867 1376 Minerals reserved 1376 15 Stat. 67, ch. 53, June 8, 1868 1377 Minerals reserved — Amendment 1377 Town sites 1377 Mining claims not acquired by 1377 "Mines" and "minerals" — Meaning 1378 Mining claims on town site — Right of claimant 1378 Patent — Reservations as to minerals 1378 26 Stat. 1095, pp. 1099-1102, March 3, 1891 1378 Town-site entries on mineral land 1378 Town-site sertion of act (16) 1379 Town sites on mineral lands — Purpose of act 1379 Town-site application and entry — Mineral rights 1380 Mineral and town-site claimants — Rights 1380 Mineral character of land — Proof 1380 Town-site entry on surveyed lands — Form 1381 Town-site application — Exclusion of minerals 1381 Town-site occupant — Right to hearing 1381 Town-site entry or patent — Effect on mining claim 1381 26 Stat. 158, June 17, 1890 1382 Town site of Buffalo— Wyoming 1382 TUNNEL ACTS. 14 Stat. 242, July 25, 1866 1383 Sutro Tunnel— Comstock lode 1383 Sutro Tunnel act 1384 Rights conferred 1384 ' ' Branches "—Meaning 1385 ' ' Discovered or developed " — Meaning 1385 Mining claims within 2,000 feet prohibited 1385 Time for completion of tunnel — Failure to prosecute 1385 Mines benefited by tunnel — Conditions in patent 1385 Interested persons may object to patent 1386 Comstock lode — Status and date of act 1386 Tunnel claims exempt from annual assessment 1386 Water in tunnel — Right of appropriation 1386 Effect on agricultural lands . 1387 CONTENTS. XXXV WITHDRAWALS OF PUBLIC LANDS, Page, 25 Stat. 854, March 2, 1889 1388 Public lands withdrawn from private entry 1388 Homestead entry — Relinquishment — Effect 1388 Agricultural lands — Determination — Burden of proof 1389 32 Stat, 388, June 17, 1902 1389 Arid lands withdrawn 1389 Withdrawal order — Effect as against mining claims 1389 Lands withdrawn not disposed of as coal lands 1390 36 Stat. 847, June 25, 1910 1390 President authorized to withdraw public lands 1390 Withdrawals of public lands 1391 Purpose of act— Repealing effect 1391 Existing lawful entries excepted 1391 Withdrawals for classification purposes — Coal, oil, and phosphate. 1392 Disposal of coal and oil lands withdrawn 1392 Surface entry permitted or lands withdrawn 1393 Lands withdrawn not subject to school indemnity selections 1393 Nonmineral lands restored to public domain 1393 37 Stat. 497, August 24, 1912 1393 Public lands withdrawn — Amendment 1393 Executive order — Alaska 1394 Publications on methods of mining 1395 List of abbreviations 1397 Sections of Revised Statutes compiled and annotated 1399 Sections of Alaska compiled laws 1400 Statutes at Large compiled and annotated 1401 List of sections of Revised Statutes cited 1405 List of Statutes at Large cited 1406 Table of cases 1408 Index 1463 MISCELLANEOUS MINING SUBJECTS. ALASKA COMPILED LAWS. I. GENERAL MINING PROVISIONS. II. MISCELLANEOUS MINING PROVISIONS, p. 898. ' I. GENERAL MINING PROVISIONS. Sec. 2594. That the Committee on Territories of the Senate and the Committee on Territories of the House of Representatives are hereby authorized, empowered, and directed to jointly codify, com- pile, publish, and annotate all the laws of the United States appH- cable to the Territory of Alaska, and said committees are jointly authorized to employ such assistance as may be necessary for that purpose; and the sum of $5,000, or so much thereof as may be nec- essary, is hereby appropriated, out of any money in the Treasury not otherwise appropriated, to cover the expenses of said work, which shall be paid upon vouchers properly signed and approved by the chairmen of said committees. (Act of Aug. 24, 1912, 37 Stat. 512, sec. 19, p. 518.) Sec. 29. There shall be a board of road commissioners in said District [Alaska] to be composed of an engineer officer of the United States Army to be detailed and appointed by the Secretary of War, and two other officers of that part of the Army stationed in said Dis- trict and to be designated by the Secretary of War. * * * The said board shall have the power, and it shall be their duty, upon their own motion or upon petition, to locate, lay out, construct, and maintain wagon roads and pack trails from any point on the navi- gable waters of said District to any town, mining or other industrial camp or settlement, or between any such town, camps, or settle- ments therein, if in their judgement such roads or trails are needed and will be of permanent value for the development of the District; but no such road or trail shall be constructed to any town, camp, or settlement which is wholly transitory or of no substantial value or importance for mining, trade, agricultural, or manufacturing pur- poses. (Act of May 14, 1906, 34 Stat. 192.) Sec. 40. The Secretary of the Interior is hereby authorized to issue a permit, by instrument in writing, in conformity with and sub- ject to the restrictions herein contained, unto any responsible per- son, company, or corporation, for a right of way over the public domain in said District, not to exceed 100 feet in width, and ground for station and other necessary purposes, not to exceed 5 acres for each station for each 5 miles of road, to construct wagon roads and wire rope, aerial, or other tramways, and the privilege of taking all 861 862 UNITED STATES MINING STATUTES ANNOTATED. necessary material from the public domain in said District for the construction of such wagon roads or tramways, together with the right, subject to supervision and at rates to be approved by said Secretary, to levy and collect toll or freight and passenger charges on passengers, animals, freight, or vehicles passing over the same for a period not exceeding 20 years; and said Secretary is also authorized to sell to the owner or owners of any such wagon road or tramway, upon the completion thereof, not to exceed 20 acres of public land at each terminus at $1.25 per acre, such lands when located at or near tidewater not to extend more than 40 rods in width along the shore Hne, and the title thereto to be upon such expressed conditions as in his judgment may be necessary to protect the public interest, and all minerals, including coal, in such right of way or station grounds shall be reserved to the United States: Provided, That such lands may be located concurrently with the line of such road or tramway, and the plat of prehminary survey and the map of definite location shall be filed as in the case of railroads and subject to the same con- ditions and hmitations: Provided further. That such rights of way and privileges shall only be enjoyed by or granted to citizens of the United States or companies or corporations organized under the laws of a State or Territory; and such rights and privileges shall be held subject to the right of Congress to alter, amend, repeal, or grant equal rights to othei's on contiguous or parallel routes. And no right to construct a wagon road on which toll may be collected shall be granted unless it shall first be made to appear to the satisfaction of the Secretary of the Interior that the public convenience requires the construction of such proposed road, and that the expense of making the same available and convenient for public travel will not be less, on an average, than $500 per mile. (Act of May 14, 1898, 30 Stat. 411.) Sec. 42. That this act shall not apply to any lands within the limits of any military, park, Indian, or other reservation unless such right of way shall be provided for by act of Congress. (Act of May 14, 1898, 30 Stat. 409, p. 412.) Charlton Code, p. 58, sec. 7. Sec. 46. That the Union Pioneer Mining & Trading Co., a cor- poration created and existing under and by virtue of the laws of the State of California, be, and it is hereby, authorized to construct and maintain a bridge across the Catalla Creek, in the District of Alaska, to be located at such point as shall be approved by the Sec- retary of War. Said bridge may be used for the passage of wagons and vehicles of aU kinds, and for the transit of animals, and for foot passengers, for such reasonable rates of toU as may be fixed by said company and approved by the Secretary of War. (Act of Apr. 28, 1904, 33 Stat. 560.) Sec. 47. That the right of way through the lands of the United States in the District of Alaska is hereby granted to any railroad company, duly organized under the laws of any State or Territory, or by the Congress of the United States, which may hereafter file for record with the Secretary of the Interior a copy of its articles of incorporation, and due proofs of its organization under the same, to the extent of 100 feet on each side of the center line of said road; ALASKA COMPILED LAWS, PP. 861-913. 863 also the right to take from the lands of the United States adjacent to the line of said road material, earth, stone, and timber necessary for the construction of said railroad; also the right to take for rail- road uses, subject to the reservation of all minerals and coal therein, public lands adjacent to said right of way for station buildings, depots, machine shops, side tracks, turnouts, water stations, and terminals, and other legitimate railroad purposes, not to exceed in amount 20 acres for each station, to the extent of one station for each 10 miles of its road, excepting at terminals and junction points, which may include additional 40 acres, to be limited on navigable waters to 80 rods on the shore line, and with the right to use such additional ground as may in the opinion of the Secretary of the In- terior be necessary where there are heavy cuts or fills: Provided, That nothing herein contained shall be so construed as to give to such railroad company, its lessees, grantees, or assigns, the owner- ship or use of minerals, including coal, within the limits of its right of way, or of the lands hereby granted: Provided further. That all mining operations prosecuted or undertaken within the Hmits of such right of way, or of the lands hereby granted, shall, under rules and regulations to be prescribed by the Secretary of the Interior, be so conducted as not to injure or interfere with the property or opera- tions of the road over its said lands or right of way. (Act of May 14, 1898, 30 Stat. 409.) A. ALASKA RIGHT-OF-WAY ACT. B. ACTIONS TO QUIET TITLE— HOMESTEAD AND MINERAL CLAIM- ANTS, p. 864. A. ALASKA RIGHT-OF-WAY ACT. 1. Effect on authority of land department. 2. Reservations along shore for highways. 3. Adverse claims. 1. effect on authority of land department. Congress has not by this or any other Alaska act divested the Land Department of its general and exclusive authority to investigate and determine the mineral or nonmineral character of lands in that District, and the department is not bound by the decision of any court or other tribunal as to these questions. Low V. Katalla Co., 40 L. D. 534, p. 540. See Snyder v. Waller, 25 L. D. 7, p. 8. Ryan v. Granite ffill Co., 29 L. D. 522, p. 524. This act does no change the rule as to the jurisdiction of the Land Office to deter- mine the question of the mineral or nonmineral character of the land in a contest between a mineral claimant and a homestead settler. Nelson v. Brownell, 193 Fed. 641, p. 642. See Lasley v. Brownell, 199 Fed. 772. 2. RESERVATIONS ALONG SHORE FOR HIGHWAYS. The 60-foot reservation provided for in this act does not, under section 26 of the act of June 6, 1900 (31 Stat. 321, p. 330), apply to mineral land. Alaska Mildred Gold Min. Co., In re, 42 L. D. 255, p. 258. 864 UNITED STATES MINING STATUTES ANNOTATED. This act only contemplates the reservation along the shore of an easement for high- way purposes, and does not prohibit the location of a mining claim extending to the water's edge, but subject to the roadway easement. Alaska Mildred Gold Min. Co., In re, 42 L. D. 255, p. 258. Modifying Alaska Copper Co., In re, 32 L. D. 128, p. 131. Notwithstanding the reservation of 60-foot roadways along the shore and navigable streams, a mining claim may be located to the water's edge. Alaska Mildred Gold Min. Co., In re, 42 L. D. 255, p. 258. Modifying Alaska Copper Co., In re, 32 L. D. 128. Under the provision that a roadway 60 feet in width shall be reserved for public use along navigable streams and the seashore in Alaska, it follows that mill sites being nonmineral land do not fall within the exception of mineral land from such reservation provided by section 26, of the act of June 6, 1900 (31 Stat. 321, p. 330), and therefore their shoreward boundaries can not lawfully be laid within 60 feet of the water's edge. Alaska Copper Co., In re, 32 L. D. 128, p. 131. 3. ADVERSE CLAIMS. As adverse proceedings under the mining laws are confined to conflicting mining claims, so the adverse nature of this act should for like reasons be limited to cases of conflicts arising between nonmineral claimants only and should not be invoked or applied to cases of conflict arising between mining locators, on the one hand, and agri- cultural or nonmineral claimants, on the other. Squires, In re, 40 L. D. 542, p. 544. A court has jurisdiction to determine the superior right to the possession of land under this act as between the adverse claimants and by its decree to protect the one held to be entitled thereto and where a decree goes no further it is binding upon the department. Crary v. Gavigan, 36 L. D. 225, p. 226. B. ACTIONS TO QUIET TITLE— HOMESTEAD AND MINERAL CLAIMANTS. The requirement of this section as to actions to quiet title does not apply to contests arising between homestead settlers and the locators of mineral claims concerning the mineral or nonmineral character of the land in controversy. Nelson v. Brownell, 193 Fed. 641, p. 642. See Lasley v. Brownell, 199 Fed. 772. 39 STAT. 305, MARCH 12, 1914 (PUBLIC, NO. 69, 63D CONGRESS). ALASKA RAILROAD ACT. AN ACT To authorize the President of the United States to locate, construct, and operate railroads in the Territory of Alaska, and for other purposes. Be it enacted, etc., That the President of the United States is hereby empowered, authorized, and directed to adopt and use a name by which to designate the railroad or railroads and properties to be located, owned, acquired, or operated under the authority of this act; to employ such officers, agents, or agencies, in his discretion, as may be necessary to enable him to carry out the purposes of this act; to authorize and require such officers, agents, or agencies to per- form any or all of the duties imposed upon him by the terms of this act; to detail and require any officer or officers in the Engineer Corps ALASKA COMPILED LAWS, PP. 8G1-913. 865 in the Army or Navy to perform service under this act; to fix the compensation of all officers, agents, or employees appointed or desig- nated by him; to designate and cause to be located a route or routes for a line or lines of railroad in the Territory of Alaska not to exceed in the aggregate 1,000 miles, to be so located as to connect one or more of the open Pacific Ocean harbors on the southern coast of Alaska with the navigable waters in the interior of Alaska, and with a coal field or fields so as best to aid in the development of the agri- cultural and mineral or other resources of Alaska, and the settlement of the public lands therein, and so as to provide transportation of coal for the Army and Navy, transportation of troops, arms, muni- tions of war, the mails, and for other governmental and public uses, and for the transportation of passengers and property; to construct and build a railroad or railroads along such route or routes as he may so designate and locate, with the necessary branch hues, feeders, sidings, switches, and spurs; to purchase or otherwise acquire all real and personal property necessary to carry out the purposes of this act; to exercise the power of eminent domain in acquiring property for such use, which use is hereby declared to be a public use, by con- demnation in the courts of Alaska in accordance with the laws now or hereafter in force there; to acquire rights of way, terminal grounds, and all other rights; to purchase or otherwise acquire all necessary equipment for the construction and operation of such railroad or rail- roads; to build or otherwise acquire docks, wharves, terminal facili- ties, and all structures needed for the equipment and operation of such railroad or railroads; to fix, change, or modify rates for the transportation of passengers and property, which rates shall be equal and uniform, but no free transportation or passes shall be permitted except that the provisions of the interstate commerce laws relating to the transportation of employees and their families shall be in force as to the lines constructed under this act; to receive compensation for the transportation of passengers and property, and to perform gener- ally all the usual duties of a common carrier by railroad ; to make and estabhsh rules and regulations for the control and operation of said railroad or railroads; in his discretion, to lease the said railroad or railroads, or any portion thereof, including telegraph and telephone lines, after completion under such terms as he may deem proper, but no lease shall be for a longer period than twenty years, or in the event of failure to lease, to operate the same until the further action of Con- gress: Provided, That if said railroad or railroads, including tele- graph and telephone lines, are leased under the authority herein given, then and in that event they shall be operated under the juris- diction and control of the provisions of the interstate commerce laws ; to purchase, condemn, or otherwise acquire upon such terms as he may deem proper any other line or lines of railroad in Alaska which may be necessary to complete the construction of the line or lines of railroad designated or located by him: Provided, That the price to be paid in case of purchase shall in no case exceed the actual physical value of the railroad ; to make contracts or agreements with any rail- road or steamship company or vessel owner for joint transportation of passengers or property over the road or roads herein provided for, and such railroad or steamship line or by such vessel, and to make such other contracts as may be necessary to carry out any of the purposes of this act; to utilize in carrying on the work herein provided 866 UNITED STATES MINING STATUTES ANNOTATED. for any and all machinery, equipment, instruments, material, and other property of any sort whatsoever used or acquired in connection with the construction of the Panama Canal, so far and as rapidly as the same is no longer needed at Panama, and the Isthmian Canal Com- mission is hereby authorized to deliver said property to such officers or persons as the President may designate, and to take credit therefor at such percentage of its original cost as the President may approve, but this amount shall not be charged against the fund provided for in this act. The authority herein granted shall include the power to construct, maintain, and operate telegraph and telephone lines so far as they may be necessary or convenient in the construction and operation of the railroad or railroads as herein authorized and they shall per- form generally all the usual duties of telegraph and telephone lines for hire. That it is the intent and purpose of Congress through this act to authorize and empower the President of the United States, and he is hereby fully authorized and empowered, through such officers, agents, or agencies as he may appomt or employ, to do all necessary acts and things in addition to those specially authorized in this act to enable him to accomplish the purposes and objects of this act. The President is hereby authorized to withdraw, locate, and dis- pose of, under such rules and regulations as he may prescribe, such area or areas of the public domain along the line or lines of such proposed railroad or railroads for town-site purposes as he may from time to time designate. Terminal and station grounds and rights of way through the lands of the United States in the Territory of Alaska are hereby granted for the construction of railroads, telegraph and telephone lines authorized by this act, and in all patents for lands hereafter taken up, entered or located in the Territory of Alaska there shall be expressed that there is reserved to the United States a right of way for the construction of railroads, telegraph and telephone lines to the extent of 100 feet on either side of the center line of any such road and 25 feet on either side of the center line of any such telegraph or telephone lines, and the President may, in such manner as he deems advisable, make reservation of such lands as are or may be useful for furnishing materials for construction and for stations, terminals, docks, and for such other purposes in connection with the construction and operation of such railroad lines as he may deem necessary and desirable. Sec. 2. That the cost of the work authorized by this act shall not exceed $35,000,000, and in executing the authority granted by this act the President shall not expend nor obligate the United States to expend more than the said sum; and there is hereby appro- priated, out of any money in the Treasury not otherwise appropri- ated, the sum of $1,000,000 to be used for carrying out the provisions of this act, to continue available until expended. Sec. 3. That all moneys derived from the lease, sale, or disposal of any of the public lands, including townsites, in Alaska, or the coal or mineral therein contained, or the timber thereon, and the earnings of said railroad or railroads, together with the earnings of the tele- graph and telephone lines constructed under this act, above main- tenance charges and operating expenses, shall be paid into the Treas- ALASKA COMPILED LAWS; PP. 8G1-913. 867 ury of the United States as other miscellaneous receipts are paid, and a separate account thereof shall be kept and annually reported to Congress. Sec. 4. That the officers, agents, or agencies placed in charge of the work by the President shall make to the President annually, and at such other periods as may be required by the President or by either House of Congress, full and complete reports of all their acts and doings and of all moneys received and expended in the construction of said work and in the operation of said work or works and in the performance of their duties in connection therewith. The annual reports herein provided for shall be by the President trans- mitted to Congress. Sec. 85. That until otherwise ordered by Congress, lands in Alaska may be entered for town-site purposes, for the several use and benefit of the occupants of such town sites, by such trustee or trustees as may be named by the Secretary of the Interior for that purpose, such entries to be made under the provisions of section 2387 of the Revised Statutes as near as may be; and when such entries shall have been made, the Secretary of the Interior shall provide by regulation for the proper execution of the trust in favor of the inhabitants of the town site, including the survey of the land into lots, according to the spirit and intent of said section 2387 of the Revised Statutes, whereby the same results would be reached as though the entry had been made by a county judge and the.disposal of the lots in such town site and the pro- ceeds of the sale thereof had been prescribed by the legislative author- ity of a State or Territory: Provided, That no more than 640 acres shall be embraced in one town-site entry. (Act of Mar. 3, 1891, 26 Stat. 1095, p. 1099.) See townsite, pp. 1354-1382. Section 86 is the same as section 2387 R. S., townsite laws, p. 1354. Section 88 is the same as section 2392, R. S., townsite laws, p. 1367. Section 90 is the same as section 16, 26 Stat. 1095, p. 1378. Sec. 92. Any citizen of the United States 21 years of age, or any association of such citizens, or any corporation incorporated under the laws of the United States or of any St^te or Territory now authorized by law to hold lands in the Territories, hereafter in the possession of and occupying public lands in the District of Alaska in good faith for the purposes of trade, manufacture, or other productive industry, may each purchase one claim only not exceeding SO acres of such land for any one person, association, or corporation, at $2.50 per acre, upon submission of proof that. said area, embraces improvements of the claimant and is needed in the prosecution of such trade, manufacture, or other productive industry , such tract of land not to include min- eral or coal lands, and ingress and egress shall be reserved to the pubhc on the waters of all -streams, whether navigable or otherwise: Pro- vided, That no entry shall be allowed under this act on lands abutting on navigable wa^/ter of more than 80 rods : Provided further. That there shall be reserved by the United States a space of 80 rods in width between tra^cts sold or entered under the provisions of this act on lands abutting f^n any navigable stream, inlet, gulf, bay, or seashore, and that the. 'Secretary of the Interior may grant the use of such reserved lands ajbutting on the water front to any citizen or association of citizefis, or to any corporation incorporated under the laws of the Unit/^ed States or under the laws of any State or Territory, lor land- / i I / 868 UNITED STATES MINING STATUTES ANNOTATED. ings and wharves, with the provision that the pubHc shall have access to and proper use of such wharves and landings, at reasonable rates of toll to be prescribed by said Secretary, and a roadway 60 feet in width, parallel to the shore line as near as may be practicable, shall be reserved for the use of the pubHc as a highway: * * * (Act of May 14, 1898, 30 Stat. 409.) Sec. 92|. Any citizen of the United States 21 years of age, and any association of such citizens, and any corporation incorporated under the laws of the United States, or of any State or Territory of the United States now authorized by law to hold lands in the Territories now or hereafter in possession of and occupying public lands in Alaska for the purpose of trade or manufactures, may purchase not .exceeding 160 acres, to be taken as near as practicable in a square form, of such land at $2.50 per acre: Provided, That in case more than one person, asso- ciation, or corporation shall claim the same tract of land the person, association, or corporation having the prior claim by reason of pos- session and continued occupation shall be entitled to purchase the same; but the entry of no person, association, or corporation shall include improvements made bv or in possession of another prior to the passage of this act. (Act of Mar. 3, 1891, 26 Stat. 1100.) Charlton Code, page 36, section 12. Sec. 92f. It shall be the duty of any person, association, or cor- poration entitled to purchase land under this act to make an appli- cation to the United States marshal, ex ofhcio surveyor general of Alaska, for an estimate of the cost of making a survey of the lands occupied by such person, association, or corporation, and the cost of the clerical work necessary to be done in the office of the said United States marshal, ex officio surveyor general; and on the receipt of such estimate from the United States marshal, ex officio surveyor general, the said person, association, or corporation shall deposit the amount in a United States depository, as is required by section 2401, Revised Statutes, relating to deposits for surveys. That on the receipt by the United States marshal, ex officio sur- veyor general, of the said certificates of deposit he shall employ a competent person to make such survey, under such rules and regu- lations as may be adopted by the Secretary of the Interior, who shall make his return of his field notes and maps to the office of the said United States marshal, ex officio surveyor general; and the said United States marshal, ex officio surveyor general, shall cause the said field notes and plats of sucli survey to be examined, and, if cor- rect, approve the same, and shall transmit certified copies of such maps and plats to the office of the Commissioner of the General Land Office. That when the said field notes and plats of said survey shall have been approved by the said Commissioner of the General Land Office, he shall notify such person, association, or corporation, who shall then, within six months after such notice, pay to the said United States marshal, ex officio surveyor general, for such land, and patent shall issue for the same. (Act of Mar. 3, 1891, 26 Stat. 1095, p. 1100.) Sec. 92|. None of the provisions of the last two preceding sec- tions of this act shall be so construed as to warrant the sakx of any lands belonging to the United States which shaU contain coal or the precious metals, or any town site, or which shall be occupied b v the ALASKA COMPILED LAWS, PP. 861-913. 869 United States for public purposes, or which shall bo reserved for such purposes, or to which the natives of Alaska have prior rights by virtue of actual occupation, or which shall be selected dv the United States Commissioner of Fish and Fisheries on the islands of Kadiak and Afognak for the purpose of establishing hsh-culture stations. And all tracts of land not exceeding 640 acres ni any one tract now occupied as missionary stations in said District of Alaska are hereby excepted from the operation of the last three preceding sections of this act. No portion of the islands of the Pribylov Group or the Seal Islands of Alaska shall be subject to sale under this act; and the United States reserves, and there shall be reserved in all patents issued under the provisions of the last two preceding sections, the right of the United States to regulate the taking of salmon and to do all things necessary to protect and prevent the destruction of salmon in all the waters of the lands granted frequented by salmon. (Act of Mar. 3, 1891, 26 Stat. 1100.) Sec. 98. Incorporated cities and towns shaU have the right, under rules and regulations prescribed by the Secretary of the Interior, to purchase for cemetery and park purposes not exceeding one-quarter section of public lands not reserved for public use, such lands to be within 3 miles of such cities or towns: Providea, That when such city or town is situated within a mining district, the land proposed to be taken under this act shaD. be considered as mineral lands, and patent to such land shaU not authorize such city or town to extract mineral therefrom, but all such mineral shaU be reserved to the United States, and such reservation shall be entered in such patent. (Act of Sept. 30, 1890, 26 Stat. 502.) Sec. 100. That the Secretary of the Interior, under such rules and regulations as he may prescribe, may cause to be appraised the timber or any part thereof upon public lands in the District of Alaska, and may from time to time sell so much thereof as he may deem proper for not less than the appraised value thereof, in such quantities to each purchaser as he shall prescribe, to be used in the District of Alaska, but not for export therefrom. And such sales shall at all times be limited to actual necessities for consumption in the District from year to year, and payments for such timber shall be made to the receiver of public moneys of the local land office of the land district in which said timber may be sold, under such rules and regulations as the Secretary of the Interior may prescribe, and the moneys arising therefrom shall be accounted for by the receiver of such land office to the Commis- sioner of the General Land Office in a separate account, and shall be covered into the Treasury. The Secretary of the Interior may per- mit, under regulations to be prescribed by him, the use of timber found upon the public lands in said District of Alaska by actual set- tlers, residents, mdividual miners, and prospectors for minerals, for firewood, fencing, buildings, mining, prospecting, and for domestic purposes, as may actually be needed by such persons for such purposes. (Act of May 14, 1898, 30 Stat. 414.) Sec. 101. That all the provisions of the homestead laws of the United States not in conflict with the provisions of this act, and all rights incident thereto, are hereby extended to the District of Alaska, subject to such regulations as may be made by the Secretary of the Interior; and no indemnity, deficiency, or lieu land selections pertain- ing to any land grant outside of the District of Alaska shall be made, 870 UNITED STATES MINING STATUTES ANNOTATED. and no land script or land warrant of any kind whatsoever shall be located wdthin or exercised upon any lands in said District, except as now provided by law: And provided further, That no more than 160 acres shall be entered in any single body by such script, lieu selec- tion, or soldier's additional homestead right : And provided further, That no location of script, selection, or right along any navigable or other waters shall be made within the distance of 80 rods of any lands, along such waters, theretofore located by means of any such script or otherwise: And provided further. That no commutation privileges shall be allowed in excess of 160 acres included in any homestead entry under the provisions hereof: Provided, That no entry shall be allowed extending more than 160 rods along the shore of any navigable water, and along such shore a space of at least 80 rods shall be reserved from entry between all such claims; and that nothing herein contained shall be so construed as to authorize entries to be made or title to be acquired to the shore of any navigable waters within said District ; and no patent shall issue hereunder until all the requirements of sections 2291, 2292, and 2305 of the Revised Statutes of the United States have been fully complied with as to residence, improvements, cultivation, and proof, except as to com- muted lands as herein provided: And provided always. That no title shall be obtained hereunder to any of the mineral or coal lands of the District of Alaska: And it is further provided, That any bona fide settler under the preemption, homestead, or other settlement law, shall have the right to transfer, by warranty against his own act, any portion of his claim for church, cemetery, or school purposes, or for the right of way of railroads, telegraph, telephones, canals, reservoirs, or ditches for irrigation or drainage across it; and the transfer for such public purposes shall in no way vitiate the right to complete and perfect the title to his claim. (Act of Mar. 3, 1903, 32 Stat. 1028.) A. HOMESTEAD AND MINERAL CLAIMANTS— CHARACTER OF LAND DETERMINED BY LAND OFFICE. This amendment, like the original act, does not require a suit to quiet title in a contest between a homestead settler and the locator of a mineral claim concerning the mineral or nonmineral character of the land in controversy, as the jurisdiction of the Land Office to determine these questions remains unchanged. Nelson v. Brownell, 193 Fed. 641, p. 644. Follow Lasley v. Brownell, 199 Fed. 772. Section 107 is the same as 35 Stat. 844, and is with coal sections 2347-2352 R. S., p. 812. Sec. 124. That suits by the United States to vacate and annul any patent heretofore issued shall only be brought within five years from the passage of this act, and suits to vacate and annul patents here- after issued shall only be brought within six years after the date of the issuance of such patents. And in the District of Alaska, in any criminal prosecution or civil action by the United States for a tres- pass on such public timberlands or to recover timber or lumber cut thereon it shall be a defense if the defendant shall show that the said timber was so cut or removed from the timberlands for use in such State or Territory by a resident thereof for agricultural, min- ing, manufacturing, or domestic purposes under rules and regula- tions made and prescribed by the Secretary of the Interior and has ALASKA COMPILED LAWS; PP. 861-913. 871 not been transported out of the same, but nothing lierein contained shall operate to enlarge the rights of any railway company to cut timber on the public domain, provided that the Secretary of the Interior may make suitable rules and regulations to carry out the provisions of this act, and he may designate the sections or tracts of land where timber may be cut, and it shall not be lawful to cut or remove any timber, except as may be prescribed by such rules and regulations, but this act shall not operate to repeal the act of June 3, 1878, providing for the cutting of timber on mineral lands. (Act of Mar. 3, 1891, 26 Stat. 1093.) Sec. 128g. That * * * unreserved public lands of the United States, exclusive of Alaska, which have been withdrawn or classified as coal lands, or are valuable for coal, shall * * * be subject * * * to disposition * * * under the laws providing for the sale of isolated or disconnected tracts of public lands, but there shall be a reservation to the United States of the coal in such lands so * * * sold, and of the right to prospect for, mine, and remove the same in accordance with the provisions of the act of June 22, 1910, and such lands shall be subject to all the conditions and limitations of said act. (Act of Apr. 30, 1912, 37 Stat. 105.) Sec. 129. The laws of the United States relating to mining claims, mineral locations, and rights incident thereto are hereby extended to the District of Alaska: Provided, That subject only to such general limitations as may be necessary to exempt navigation from artificial obstructions all land and shoal water between low and mean high tide on the shores, bays, and inlets of Bering Sea, within the juris- diction of the United States, shall be subject to exploration and min- ing for gold and other precious metals by citizens of the United States, or persons who have legally declared their intentions to become such, under such reasonable rules and regulations as the miners in organ- ized mining districts may have heretofore made or may hereafter make governing the temporary possession thereof for exploration and mining purposes until otherwise provided by law: Provided fur- ther, That the rules and regulations established by the miners shall not be in conflict with the mining laws of the United States; and no exclusive permit shall be granted by the Secretary of War author- izing any person or persons, corporation or company to excavate or mine under any of said waters below low tide, and if such exclusive permit has been granted it is hereby revoked and declared null and void; but citizens of the United States or persons who have legally declared their intention to become such shall have the right to dredge and mine for gold or other precious metals in said waters, below low tide, subject to such general rules and regulations as the Secretary of War may prescribe for the preservation of order and the protection of the interests of commerce; such rules and regulations shall not, however, deprive miners on the beach of the right hereby given to dump tailings into or pump from the sea opposite their claims, ex- cept where such dumping would actually obstruct navigation, and the reservation of a roadway 60 feet wide, under the tenth section of the act of May 14, 1898, entitled ^'An act extending the homestead laws and providing for right of way for railroads in the District of Alaska, and for other purposes/' (30 Stat. 413), shall not apply to mineral lands or town sites. (Act of June 6, 1900, 31 Stat. 321, p. 329.) See sec. 190, p. 886. 872 UNITED STATES MINING STATUTES ANNOTATED. A. ALASKA GOVERNMENT ACT. 1. Mineral laws extended to Alaska. 2. Water rights laws extended to Alaska. 3. Laws of Oregon extended to Alaska — Effect. 4. Department regulations — Effect in Alaska. 5. Purpose of act as to mining claims. 6. Effect on title and possession of mining claims. 7. Location certificate admissible in evidence. 8. Lands above high tide open to location. 9. Tide lands not open to location. 10. Roadways on water fronts — ^Application to mineral lands and mill sites. 1. mineral laws extended to alaska. The provisions of the mineral laws of the United States were by this act extended to Alaska. Bennett v. Harkrader, 158 U. S. 441, p. 444. Meydenb"auer v. Stevens, 78 Fed. 787, p. 789. Price V. Mcintosh, 1 Alaska 286, p. 289. Aurora Lode v. Bulger Hill and Nugget Gulch Placer, 23 L. D. 95. Brady, In re, 26 L. D. 305, p. 309. Logan, In re, 29 L. D. 395. Low V. Katalla Co., 40 L. D. 534, p. 537. The laws relative to the possession, incident rights, and disposal of mining lands were made operative in the District of Alaska in 1884, but none of the numerous other laws relating to the disposal of public lands elsewhere were put in force there. McFadden v. Mountain View Min., etc., Co., 97 Fed. 670, p. 679. Griffin v. American Gold Min. Co., 136 Fed. 69, p. 70. Tyee Consol. Min. Co. v. Langstedt, 136 Fed. 124. Brady, In re, 26 L. D. 305, p. 308. This act providing for a government for Alaska made it a land district of the United States over which was extended only the mineral laws of the United States. Goldstein v. Juneau Townsite, 23 L. D. 417, p. 419. By section 8 the laws of the United States relating to mining claims were declared to be in full force and effect in the District of Alaska, but this was superseded by the act of June 6, 1900 (31 Stat. 321, sec. 26), which extended the mining laws of the United States to the Territory of Alaska. Madigan v. Kougarok Min. Co. 3 Alaska 63, p. 69. McFarland v. Alaska Perseverance Min. Co., 3 Alaska 308, p. 319. By section 26 of the Alaska civil government act (31 Stat. 321, p. 380), the min- ing laws of the United States were extended to the Territory of Alaska, and this was a reenactment of a provision of the act of May 17, 1884 (23 Stat. 24), by which the United States mining laws were declared to be in full force and effect in the District of Alaska. Madigan v. Kougarok Min. Co., 3 Alaska 63, p. 68. McFarland v. Alaska Perseverence Min. Co., 3 Alaska 308, p. 325. 2. WATER RIGHTS LAWS EXTENDED TO ALASKA. Section 8 of the act of May 17, 1884 (23 Stat. 24) puts in force in Alaska the mining laws of the United States, including section 2339 R. S., and the similar portions of the act of July 26, 1866 (14 Stat. 251). McFarland v. Alaska Perseverance Min. Co., 3 Alaska 308, p. 323. ALASKA COMPIIJ:!) LAWS, PP. 8(31-913. 873 Congress, the miners of Alaska, and the courts of Alaska have acted upon th(; con- struction that Congress had extended to Alaska, section 2\VAd II. S., providing for the appropriation and use of water for mining and other purj)oses. McFarland v. Alaska Perseverance Min. Co., 3 Alaska 308, p. 327. Noland v. Coon, 1 Alaska 3G. Revenue Min. Co. v. lialderstou, 2 Alaska 363. Miocene Ditch Co. v. Jacobsen, 2 Alaska 567. Miocene Ditch Co. v. Moore, 150 Fed. 483. 3. LAWS OF OREGON EXTENDED TO ALASKA EFFECT. Section 7 provides that the general laws of the State of Oregon shall be in force in Alaska so far as consistent with the laws of the United States. Alaska Exploration Co. v. Northern Min., etc., Co., 152 Fed. 145. The seventh section of this act put in force in Alaska the general laws of the State of Oregon, and in an action for the possession for a mining claim a general finding for the plaintiff under the laws of Oregon is sufficient to support a judgment for the plaintiff, taken in connection with the allegations of his complaint. Bennett v. Harkrader, 158 U. S. 441, p. 446. See Deeney v. Mineral Creek Mill. Co., 11 N. Mex. 279, p. 287. 4. DEPARTMENT REGULATIONS EFFECT IN ALASKA. Under this act the rules and regulations of the General Land Office and the Depart- ment of the Interior governing the administration of the mining laws are extended to Alaska. Mining Regulations for Alaska, In re, 4 L. D. 128. Local rules and regulations adopted by miners in 1880 could have no legal force or effect after the approval of this act. McFarland v. Alaska Perseverance Min. Co., 3 Alaska 308, p. 320. 5. PURPOSE OF ACT AS TO MINING CLAIMS. The purpose of Congress in this act was to secure to parties who were in actual pos- session of mining claims in Alaska the privilege of acquiring full title thereto, notwith- standing the failure to take full steps required by the general mining laws of the United States with reference to such location. Bennett v. Harkrader, 158 U. S. 441, p. 445. This act guarantees not only to parties who have located mining claims under the laws of the United States but to those who have occupied and improved or exercised acts of ownersliip over such claims the right to perfect their title. Bennett v. Harkrader, 158 U. S. 441, p. 445. Behrends v. Goldsteen, 1 Alaska 518, p. 526. By this section Congress guaranteed to all persons in possession of lands in Alaska at the date of its enactment the right ultimately to acquire a perfect title to the same, even as against mineral claimants. Young V. Goldsteen, 97 Fed. 303, p. 308. The provisions of this act are intended to prevent the injustice of suddenly introduc- ing a statute of limitations into a new country and to preserve whatever existing rights there may be at the time of the enactment and give the owners of mining claims and others one year within which to submit their claims and title to such property to a court for determination. Tyee Consol. Min. Co. v. Jennings, 137 Fed. 863, p. 865. 56974°— Bull. 94, pt 2—15 4 874 UNITED STATES MINING STATUTES ANNOTATED. 6. EFFECT ON TITLE AND POSSESSION OF MINING CLAIMS. The title to all lands in Alaska, mineral and nonmineral, was in the Federal Govern- ment prior to May 17, 1884, and persons making improvements on any such lands had a possessory title only to the premises occupied and improved, and mineral claimants had no different right or title than that of nonmineral claimants. Young V. Goldsteen, 97 Fed. 303, p. 307. 7. LOCATION CERTIFICATE ADMISSIBLE IN EVIDENCE. Under the statute as applied to the Territory of Alaska a location certificate is admis- sible in evidence in a controversy over a mining claim for the purpose of showing the time when possession was taken, and as tending to show the property described, and the property of wliich possession was taken, and especially where the complaint con- tains an accurate description of the property. Bennett v. Harkrader, 158 U. S. 441, pp. 443, 445. 8. LANDS ABOVE HIGH TIDE OPEN TO LOCATION. Lands lying on a beach above the line of ordinary high tide are public lands of the United States, and, if mineral in character, can be located, occupied, and held under the mining laws as extended to Alaska, except where a roadway is located parallel to the shore line and reserved for the use of the public, under the act of May 14, 1898 (30 Stat. 409, p. 413). Logan, In re, 29 L. D. 395. 9. TIDE LANDS NOT OPEN TO LOCATION. Mineral lands lying below the line of ordinary high tide in Alaska are not open to location and occupation under the mining laws, and the Land Department is without authority to grant any concessions whatever as to working of such tidelands for mining purposes. Logan, In re, 29 L. D. 395, p. 397. Congress, by this specific enactment (Sec. 26, 31 Stat. 321, p. 329), made the land between low and mean high tide on the shores, bays, and inlets of Bering Sea subject to exploration and mining for gold and other precious metals, but did not extend this provision to other shore lands in Alaska, nor to the banks of navigable rivers. Heine v. Roth, 2 Alaska 416, p. 425. 10. ROADWAYS ON WATER FRONTS — APPLICATION TO MINERAL LANDS AND MILL SITES. The 60-foot roadway reserved by section 10 of the act of May 14, 1898 (30 Stat. 409, p. 413), does not apply to mineral lands. Alaska Mildred Gold Min. Co.. In re, 42 L. D. 255, p. 258. A mill-site claim being nonmineral land does not come within the reservation of sec- tion 26, 31 Stat. 321, p. 330, and under the tenth section of the act of May 14, 1898 (30 Stat. 409, p. 413), reserving a 60-foot roadway along a navigable water front, the shore-ward boundaries of a mill site can not lawfully be laid within 60 feet of the water's edge. Alaska Copper Co., In re, 32 L. D. 128, p. 131. ALASKA COM PIT J-: 1) T.AWS, PP. cS()l-U13. 875 Sec. 120a. Tliat no association placcr-mininjjj claim shall hereafter be located in Alaska in excess of 40 acres, and on every placer-mining claim hereafter located in Alaska, and until a patent has been issued therefor, not less than $100 worth of labor sliall be performed or im- provements made during each year, incliuUng tlie year of location, for each and every 20 acres or excess fraction tliereof . (Act of Aug. 1, 1912, 37 Stat. 242.) Sec. 129b. That no person shall hereafter locate any placer-min- ing claim in Alaska as attorney for another imless he is didy author- ized thereto by a power of attorney in writing, duly acknowledged and recorded in any recorder's olhce in the judicial division where the location is made. Any person so authorized may locate placer-min- ing claims for not more than two individuals or one association under such power of attorney, but no such agent or attorney shall be author- ized or permitted to locate more than two placer-mming claims for any one principal or association during any calendar month, and no placer-mining claim shall hereafter be located in Alaska except under the limitations of this act. (Act of Aug. 1, 1912, 37 Stat. 242.) Sec, 129c. That no person shall hereafter locate, cause or procure to be located, for himself more than two place r-mining- claims in any calendar month: Provided, That one or both of such locations may be included in an association claim. (Act of Aug. 1, 1912, 37 Stat. 242.) Sec. 129d. That no placer-mining claim hereafter located in Alaska shall be patented which shall contain a greater area than is fixed by law, nor which is longer than three times its greatest width. (Act of Aug. 1, 1912, 37 Stat. 242.) Sec. 129e. That any placer-mining claim attempted to be located in violation of this act shall be null and void, and the whole area thereof may be located by any qualified locator as if no such prior attempt had been made. (Act of Aug. 1, 1912, 37 Stat. 242.) A. PLACER CLAIMS— ALASKA. 1. Locations must comply with this act. 2. Excessive area — Invalidity. 3. Number located each month. 4. Locations by agents — Authority and power. 5. Application for patent — Form and sufficiency. 6. Number of claims included in application. 7. Surveyor general — Duties to survey. 8. Amount of annual expenditures — Time of performance. 1. locations must comply with this act. Any attempted placer location not made in conformity with this statute is a nul- lity, and the land covered thereby is subject to proper location at any time. Placer Min. Claims in Alaska, In re, 41 L. D. 337, p. 349. A placer-mining claim can not lawfully be located except in compliance with and under the limitations of this act. Placer Min. Claims in Alaska, In re,. 41 L. D. 337, p. 348. 876 UNITED STATES MINING STATUTES ANNOTATED. 2. EXCESSIVE AREA — INVALIDITY. Section 129d prohibits the patenting of any placer-mining claims located in Alaska which contains a greater area than that fixed by law or which is longer than three times its greatest width. Placer Min. Claims in Alaska, In re, 41 L. D. 347, p. 349. 3. NUMBER LOCATED EACH MONTH. Whenever a person or association has participated in the location of two placer- mining claims in Alaska in any calendar month, the right of such person or associa- tion is thereby exhausted for the particular month. Placer Min. Claims in Alaska, In re, 41 L. D. 347, p. 349. One of the purposes of this act is to limit the number of placer-mining locations that can be made in Alaska through agents or attorneys and the number of locations can not exceed the limitations expressed in the act. Placer Min. Claims in Alaska, In re, 41 L. D. 347, p. 348. 4. LOCATIONS BY AGENTS AUTHORITY AND POWER. If a location is made by an agent or attorney the power of attorney must be in writ- ing and must be executed and acknowledged in accordance with the laws of Alaska, or of the State, Territory, or District in which it shall be executed, and such power must be recorded in the proper recorder's ofiice and a certified copy must accompany the application for patent and may be attached to and made a part of the abstract of title. Placer Min. Claims in Alaska, In re, 41 L. D. 347, p. 348. An authorized agent or attorney can act in making locations of placer-mining claims for two individual principals or one association principal only during any calendar month, and during such period may not lawfully locate more than two claims for any one principal, either individual or association. Placer Min. Claims in Alaska, In re, 41 L. D. 347, p. 348. 5. APPLICATION FOR PATENT — FORM AND SUFFICIENCY. Application for patent under this act should be accompanied by the sworn state- ment of the agent or attorney setting forth specifically the names of all placer-min- ing claims located or attempted to be located by him under powers of attorney dur- ing the calendar month in which any such claim was located, and should state the date of location and the names of the locators. Placer Min. Claims in Alaska, In re, 41 L. D. 347, p. 348. 6. NUMBER OF CLAIMS INCLUDED IN APPLICATION. This act does not affect the number of claims, either lode or placer, and if placer, whether located before or after the passage of the act, that may be included in a single application for patent. Placer Min. Claims in Alaska, In re, 41 L. D. 347, p. 349. 7. SURVEYOR GENERAL — DUTIES TO SURVEY. The surveyor general must observe the requirements as to the dimensions of a placer claim in Alaska and must not approve any survey of a placer location which does not in area and dimensions conform to the provisions of law. Placer Min. Claims in Alaska, In re, 41 L. D. 347, p. 349. ALASKA COMPILED LAWS, PP. 801-013. 877 8. AMOUNT OF ANNUAL EXPENDITURES TIME OF PERFORMANCE. The amount of annual expenditure on a placer claim is dependent upon the size of the claim, but at least |100 must be expended for each 20 acres, or excess fraction thereof, embraced in the location. Placer Min. Claims in Alaska, In re, 41 L. D. 347, p. 348. The first annual expenditure on a placer mining location must be accomplished for and during the calendar year during which the claim was located instead of the calen- dar year succeeding that in which the location was made. Placer Min. Claims in Alaska, In re, 41 L. D. 347, p. 348. Sections 130 to 138, inclusive, are the same as sections 2318 to 2326 R. S., inclusive, pp. 1-503. Sec. 139. The description of vein or lode claims upon surveyed lands shall designate the location of the claims with reference to the lines of the public survey, but need not conform therewith; but where patents have been or shall be issued for claims upon unsurveyed lands, the surveyor general, in extending the public survey, shall adjust the same to the boundaries of said patented claims so as in no case to interfere with or change the true location of such claims as they are officially established upon the ground. Where patents have issued for mineral lands, those lands only shall be segregated and shall be deemed to be patented which are bounded by the lines actually of the official survey upon which til e patent grant is based, and sur- veyors general in executing subsequent patent surveys, whether upon surveyed or unsurveyed lands, shall be governed accordingly. The said monuments shall at all times constitute the highest authority as to what land is patented, and in case of any conflict between the said monuments of such patented claims and the descriptions of said claims in the patents issued therefor the monuments on the ground shall govern, and erroneous or inconsistent descriptions or calls in the patent descriptions shall give way thereto. (Act of Apr. 28, 1904, 33 Stat. 545.) See sec. 2327 R. S. Sections 140 to 148, inclusive, are the same as sections 2328 to 2336 R. S., inclusive, pp. 500-592. Section 152 is the same as section 2340 R. S., p. 622. Section 153 is the same as amendment 2 of section 2324 R. S., p. 282. Section 154 is the same as amendment 3 of section 2324 R. S., p. 282. Section 155 is the same as amendment 4 of section 2324 R. S., p. 283. Section 156 is the same as amendment 1 of section 2325 R. S., p. 426. Section 157 is the same as amendment 1 of section 2326 R. S., p. 496. Sections 158 and 159 are the same as amendment 2 of section 2320 R. S., p. 502. Section 160 is the same as 35 Stat. 645, chap. 180, Settlers' relief, p. 1234. Sec. 161. The President may, at any time in his discretion, tempo- rarily withdraw from settlement, location, sale, or entry any of the public lands of the United States, including the District of Alaska, and reserve the same for water-power sites, irrigation, classification of lands, or other pubUc purposes to be specified in the orders of withdrawals, and such withdrawals or reservations shall remain in force until revoked by him or by an act of Congress. That all lands withdrawn under the provisions of this act shall at all times be open to exploration, discovery, occupation, and purchase under the mining laws of the United States, so far as the same apply to metalliferous minerals: Provided, That the rights of any person who, at the date of any order of withdrawal heretofore or hereafter marked, defined, and established the ground by the monuments 878 UNITED STATES MINING STATUTES ANNOTATED. made, is a bona fide occupant or claimant of oil or gas bearing lands, and who, at such date, is in the diligent prosecution of work leading to the discovery of oil or gas, shall not be afi'ected or impaired by such order so long as such occupant or claimant shall continue in diligent prosecution of said work: Provided further. That this act shall not be construed as a recognition, abridgment, or enlargement of any asserted rights or claims initiated upon any oil or gas bearing lands after any withdrawal of such lands made prior to June 25, 1910 : And provided further. That there shall be excepted from the force and effect of any withdrawal made under the provisions of this act all lands which are, on the date of such withdrawal, embraced in any lawful homestead or desert-land entry theretofore made, or upon which any valid settlement has been made and is at said date being maintained and perfected pursuant to law; but the terms of this proviso shall not continue to apply to any particular tract of land unless the entryman or settler shall continue to comply with the law under which the entry or settlement was made : And provided further, That hereafter no forest reserve shall be created, nor shall any addi- tions be made to one heretofore created, within the limits of the States of CaUfornia, Oregon, Washington, Idaho, Montana, Colorado, or Wyoming, except by act of Congress. The Secretary of the Interior shall report all such withdrawals to Congress at the beginning of its next regular session after the date of the withdrawals. (Act of June 25, 1910, 36 Stat. 847.) See 34 Stat. 1271; 37 Stat. 497; and Withdrawals, p. 1388. A. WITHDRAWAL OF COAL LANDS IN ALASKA. On November 12, 1906, an order was made withdrawing all lands in Alaska from entry, location, or filing under the coal-land laws. Alaskan Coal Lands, In re, 27 Op. Atty. Genl. 412, p. 414. Coal Lands in Alaska, In re, 35 L. D. 572. Sec. 162. During each year and until patent has been issued therefor, at least $100 worth of labor shall be performed or im- provements made on, or for the benefit or development of, in ac- cordance with existing law, each mining claim in the District of Alaska heretofore or hereafter located. And the locator or owner of such claim or some other person having knowledge of the facts may also make and file with the said recorder of the district in which the claims shall be situate an affidavit showing the performance of labor or making of improvements to the amount of $100 as aforesaid and specify- ing the character and extent of such work. Such affidavit shall set forth the following: First, the name or number, of the mining claims and where situated; second, the number of days' work done and the character and value of the improvements placed thereon; third, the date of the performance of such labor and of making im- provements; fourth, at whose instance the work was done or the improvements made; fifth, the actual amount paid for work and improvement, and by whom paid when the same was not done by the owner. Such affidavit shall be prima facie evidence of the per- formance of such work or making of such improvements, but if such affidavits be not filed within the time fixed by this act the bur- den of proof shall be upon the claimant to establish the perform- ALASKA COMPILED LAWS, PP. SGl-OLl. 879 anco of such annual work and Hnprovomcnts. And upon failure of the locator or owner of any such claim to comply with tlic pro- visions of this act, as to performance of work and improvements, such claim shall become forfeited and open to location by others as if no location of the same had ever been made. The afhdavits required hereby may be made before any officer authorized to ad- minister oaths, and the provisions of sections 5392 and 5393 of the Revised Statutes are hereby extended to such affidavits. Said affi- davits shall be filed not later than 90 days after the close of the year in which such work is performed. The recorders for the several divisions or districts of Alaska shall collect the sum of $1.50 as a fee for the filing, recording, and index- ing said annual proofs of work and improvements for each claim so recorded. (Act of Mar. 2, 1907, 34 Stat. 1243.) A. ALASKA MINING CLAIMS. 1. Annual assessment work. 2. Affidavit as to assessment work. 1. ANNUAL assessment WORK. The consequences of a failure to complete the annual assessment or improvement work within the year under this act is not only different but is irreconcilable with the prior mining statutes, and to that extent, so far as it affects mining claims in Alaska, it necessarily repeals the prior law. Thatcher v. Brown, 190 Fed. 708, p. 711. 2. AFFIDAVIT AS TO ASSESSMENT WORK. By the act of March 2, 1907 (34 Stat. 1243), Congress conferred upon the locators of mining claims in Alaska a privilege not previously given by the mining statutes, which permitted Alaskan locators to file for record an affidavit showing the perform- ance of the required annual assessment work and providing that such affidavit should be prima facie evidence of sucli performance, and the act expressly declares that on failure of the locator to comply with the provisions of the act as to performance of the assessment work the claim shall become forfeited and open to location by others as if no location of the same had ever been made. Thatcher v. Brown, 190 Fed. 708, p. 710. Sec. 163. In the District of Alaska adverse claims authorized and provided for in sections 2325 and 2326, United States Revised Statutes, may be filed at any time during the 60 days' period of publication or within eight months thereafter, and the adverse suits authorized and provided for in section 2326, United States Revised Statutes, may be instituted at any time within 60 days after the filing of said claims in the local land office. (Act of June 7, 1910, 36 Stat. 459.) Sec. 164. Every miner or other laborer who shall labor in or upon any mine or mining ground for another in the Territory of Alaska in digging, thawing, conveying, hoisting, piling, cleaning up, or any other kind of work in producing any mineral-bearing sands, gravels, earth, or rock, gold or gold dust, or other minerals, or shall aid or 880 UNITED STATES MINING STATUTES ANNOTATED. assist therein by his labor as cook, engineer, fireman, or in cutting and delivering wood used in said work, or in work in any like capac- ity in producing the dump, shall, where his labor directly aided in such production, have a lien upon the dump or mass of mineral- bearing sands, gravels, earth, or rock, and all gold and gold dust, or other minerals therein, and all gold and gold dust extracted there- from, for the full amount of wages for all the time which he was so employed as such laborer in producing the said dump, within one year next preceding his ceasing to labor thereon; and to the extent of the labor of the said miner or other laborer actually employed or expended thereon, within one year next prior to ceasing to labor thereon, the said lien shall be prior to and preferred over any deed, mortgage, bill of sale, attachment, conveyance, or other claim, whether the same was made or given prior to such labor or not: Provided, That this preference shall not apply to any such deed, mortgage, bill of sale, attachment, conveyance, or other claim given in good faith and for value prior to the approval of this act. Sec. 165. Every laborer, within 90 days after the completion of the performance of the work or labor mentioned in the foregoing section who shall claim the benefit thereof, must, personally or by some other person for him, file for record in the recording precinct where the labor was performed a claim of lien containing a state- ment of his demand under oath, substantially in the following form: (Act of June 25, 1910, 36 Stat. 848.) Notice op Laborer's Lien. Territory of Alaska, precinct, ss: , claimant, against , defendant. Notice is hereby given that , claimant, claims a lien upon (describing the dump or mass of mineral-bearing sands, gravels, earth, or rock, and its location with reasonable certainty) in the precinct, in the Territory of Alaska, for labor performed in (digging, and so forth; describe the work). That the name of the owner or reputed owner of said property is , and that is the owner or reputed owner of the mine or mining ground from which the dump or mass of mineral- bearing sands, gravels, earth, or rock and the minerals therein were ex- tracted, and that employed claimant to perform such work and labor upon the following terms and conditions (state substance of contract, if any, or reason- able value); that said contract has been faithfully performed and fully complied with on the part of the claimant, who preformed labor thereunder aforesaid for the period of days; that said labor was performed between the day of and the day of , and the rendition of said service was closed on the day of , and 90 days have not elapsed since that time; that the amount of claimant's demand for said service is ; that no part thereof has been paid (except the sum of dollars), and there is now due and remaining unpaid thereon, after deduct- ing all just credits and offsets, the sum of dollars, in which amount he claims a lien upon said property. Claimant. Territory of Alaska, precinct, ss: — , being first duly sworn, on oath deposes and says, That I am the claim- ant (or if by some other person state the fact) named in the foregoing claim; that I have heard the same read, know the contents thereof, and believe the same to be true. Subscribed and sworn to before me this day of . (Officer's title.) Sec. 166. The recorder must record every claim filed under the provisions of this act in books kept by him for that purpose, which record must be indexed as deeds and other conveyances are required ALASKA COMPILED LAWS, I'W H(;l-<)1:5. 881 by law to bo indexed, and for wliich he Jtiay receive the following fees and none other: For filing, 10 cents; for recording, $1; for indexing, 15 cents for each name. Sec. 167. No lien provided for in this act shall bind any property for a longer period than 90 days after the clahn has been filed, unless an action be commenced within that time to enforce the same. Sec. 168. The action for the foreclosure of the lien provided for in this act shall be begun either in the district court or In the justice's court in the precinct where the lien was filed and the justices of the peace in Alaska are hereby given full jurisdiction in the foreclosure of such liens under the provisions of this act, and shall also have such other jurisdiction and power as is now conferred on them by law in aid of the enforcement of this act, and the provisions of section 1555 of chapter 71 of the Code of Civil Procedure now in force in Alaska shall be apphcable to the jurisdiction intended to be conferred by this act. Sec. 169. No mistake, informality, or mere matter of form or lack of statement, either in the lien notice or pleadings, shall be ground for dismissal or unnecessary delay in the action to foreclose the lien, but the lien notice and pleadings may be amended at any time before judgment, and section 924 of chapter 1 1 of the Code of Civil Procedure now in force in Alaska shall apply to such amendments: Provided, That if it be shown that a material statement or averment has been omitted or misstated, it shall be ground for a reasonable delay or con- tinuance to give the defendant a reasonable opportunity to meet it upon amendment. Sec. 170. The claimant may file the original or a certified copy of the notice of lien in the district or justice's court as the statement of his case, and thereupon the court or justice shall issue the usual sum- mons directed to the defendant or defendants, which summons, together with a copy of the lien notice, shall, by any ofiicer author- ized to serve process, be served upon the defendant or defendants, as provided in sections 1782 and 1783 of chapter 92 of the Code of Civil Procedure now in force in Alaska. The summons shall require the defendant or defendants to appear before such court or justice at a time and a place to be named therein, not less than 6 nor more than 20 days from the date thereof, to answer the demand of the claimant in the said lien notice, or judgment for want of an answer will be taken against them. Service by pubUcation may be had pursuant to sections 879 and 880 of chapter 4 of said Code of Civil Procedure. The officer serving the summons shall also immediately post a copy of said lien notice in a conspicuous place on the dump or mass of mineral-bearing sands, gravels, earth, or rock, and gold and gold dust, and other min- erals therein upon which the lien is filed, and from the moment of post- ing the lien notice the dump or mass of mineral-bearing sands, gravels, earth, and rock, and gold and gold dust, and other minerals therein shall be in the custody and under the control of the officer. All per- sons who claim any interest therein in opposition to the lien claimant may come in and. answer and set up and defend their said claims, but no claim or claims of any owner, lessee, or other adverse defendant shall bar the lien claimant from recovering the sum due him for actual labor in producing the said dump or mass of mineral-bearing sands, gravels, earth, or rock, or gold and gold dust, or other minerals. Sec. 171. Any number of persons claiming liens under this act may join in the same action, and when separate actions are com- 882 UNITED STATES MITsTING STATUTES ANIS^OTATED. menced the court may consolidate them. The court shall also allow, as a part of the costs, the moneys paid for filing, recording, and index- ing the notice of lien, the sum of $5 for drawing the same, and a reason- able attorney's fee for each person claiming a lien, not to exceed 10 per centum of the amount of the lien established on judgment. Any contract or agreement or any waiver of any kind made or signed by any miner or laborer whereby it is sought to waive or abandon his right to file a lien under this act, or any agreement for an extended time of payment whereby the same end is sought, shall to that extent be null and void as against public policy. Sec. 172. In such action judgment must be rendered in favor of each person having a laborer's lien for the amount due him, and the court shall order the dump or mass of mineral-bearing sands, gravels, earth, or rock, and the gold and gold dust, and other minerals therein subject to the lien to be sold by the marshal in the same manner that personal property is sold on execution; or the court may, upon a show- ing that it is necessary to do so to preserve the property from loss or waste, by order require the marshal to wash up or extract the gold and gold dust or other mineral from the said mineral-bearing sands, gravels, earth, or rock; or the court may, by order, allow the defend- ant or defendants or any party interested to wash up and extract the said mineral, in the presence of the marshal or deputy marshal or special officer, who shall take the gold or gold dust or other minerals as it is washed up and extracted and return the same into court, and it shall be immediately paid out as foUows : First, the cost of cleaning up or extracting the gold or gold dust or other minerals shall be paid; second, the court costs shall be paid; and, third, the judgment or judg- ments so rendered in favor of the lien claimants shall be paid; and if there is not suflacient gold or gold dust, or other minerals, or sufficient moneys obtained from the sale of the property to pay all claims in full, the court shall apportion the proceeds to the payment of such judgments pro rata: Provided, That no part of any such proceeds shall be paid upon any claim or judgment to any person who did not actually perform labor in producing the dump or the proceeds thereof until all such preferred claims are paid in full. Sec. 173. An appeal may be taken from a final judgment of a justice of the peace in actions instituted under this act to the district court, in the manner provided in chapter 97 of the Code of Civil Pro- cedure now in force in Alaska, and upon such appeal being perfected the dump or mass of mineral-bearing sands, gravels, earth and rock, gold and gold dust, or other minerals shall be washed up by the mar- shal or any party mentioned in section 172 of this act as the district court may direct, and all the gold or gold dust or other mineral so washed up shall be paid into the registry of the district court, there to await the final judgment on appeal: Provided, That the gold or gold dust of other mineral in excess of the amount of the judgment, includ- ing an additional amount equal to the probable accruing costs on appeal and two years' interest at the legal rate, shall, after the expira- tion of 90 days from the time it was paid into the registry of the district court, be released to the owners upon a showing that no liens have been filed against it. The defendant or defendants, or any one or more of them, may deposit cash in lieu of the gold or gold dust on the dump, wliich shall remain in the custody of the law until the final judgment, and shall then be applied in payment of the judgment or judgments rendered on each lien claims, and costs, and interest. ALASKA COMPILED f.AWS^ PP. 8(il-013. 888 Sec. 174. Any person or persons wlio shall, after the copy of the notice of lieu is posted upon any dump or mass of mineral-bearuig sands, gravels, earth or rock, gold and gold (hist, or ottier mineral, as provided in tliis act, and with knowledge of such notice of lien, buy, purchase, wash up, remove, destroy, or carry away all or any part or portion of the same, or the gold or gold dust therein, or who shall render it difficult, uncertain, or impossible to identify the gold or gold dust or other mineral obtained therefrom, shall be liable to the Hen holder for the full amount of his judgment and costs; and any person who shall take and carry away all or any part or portion of said dump of mineral-bearing sands, gravels, earth or rock, or the gold or gold dust or other minerals therefrom, after the same shall come into the custody of the officer, shall be guilty of a crime and shall be punished as for the larceny of a like amount; and any district attorney in Alaska is specially required to immediately cause a war- rant to be issued for the arrest of any such person or persons and to prosecute them according to law. (Act of June 25, 1910,36 Stat. 851.) Sections 1G4 to 174, inclusive, are 36 Stat. 848, June 25, 1910. A. ALASKA CIVIL CODE. 1. Mineral lands — Judicial notice. 2. Corporations — Pipe lines — Appropriation of land. 3. Lien on mine. a. Right of laborer. b. Recovery — Attorney's fees and expenses. c. Enforcing lien against mine — Pleading. 1. mineral lands JUDICIAL NOTICE. See sees. G91 to 704, pp. 903-907. The proof shows and the court takes judicial notice that the Seward Peninsula in Alaska is valuable chiefly for its gold and other mineral deposits, much of it being in benches remote from streams, and that water is essential to the washing out and pro- curing of the gold. Van Dyke v. Midnight Sun Min., etc., Co., 177 Fed. 85, p. 88. 2. CORPORATIONS PIPE LINES APPROPRIATION OF LAND. See 34 Stat. 584, p. 1070. A corporation authorized by its charter to appropriate water and water rights, to build canals, ditches, flumes, and aqueducts, and to lay pipes for supplying mines with water for the general use of the public in the district of Alaska is, upon complying with the requirements of the statute authorizing it to transact business in the District of Alaska, authorized to exercise the right of eminent domain in Alaska and to acquire land for a public pipe line to supply water for mining. Miocene Ditch Co. v. Lyng, 138 Fed. 544, p. 548. See Miocene Ditch Co. v. Jacobsen, 146 Fed. 680, p. 683. Clark V. Nash, 198 U. S. 361. Nash V. Clark, 27 Utah 158, p. 159. A corporation organized under the laws of the United States or the laws of any State or Territory on compliance with the requirements of the Civil Code of Alaska is entitled to exercise the right of eminent domain in Alaska and thereby acquire land for a public pipe line to supply water for mining. Miocene Ditch Co. v. Lyng, 138 Fed. 544, p. 548. 884 UNITED STATES MINING STATUTES ANNOTATED. 3. LIEN ON MINE. a. RIGHT OF LABORER. Under sections 262, 263, and 265, Alaskan Code, a laborer is entitled to a Uen for his work in a mine, though the mine is in the possession of and is worked by a lessee, where the lease was not recorded and the work was done for such lessee with the knowl- edge and consent of the owner, and the owner gave no notice disclaiming his responsi- bility, as the three sections, when construed together, mean that the person in charge of the work is prima facie deemed to be the agent of the owner, and the property shall be charged with the lien. Cascaden v. Wimbish, 161 Fed. 241, p. 243. Where several persons are employed to perform work on a mining claim and in a mine at a stated sum per day and board they are all entitled to a laborer's lien under this statute, though one of them devoted a portion of his time to cooking for himself and the others and the remainder of his time to work on the shafts and tunnels. Cascaden v. Wimbish, 161 Fed. 241, p. 245. See McCormick v. Los Angeles City Water Co., 40 Cal. 185. Laborers employed in a mine are entitled to a lien on the mining property for the time and labor devoted to cleaning up and washing the gold taken out of the mine. Cascaden v. Wimbish, 161 Fed. 241, p. 246. b. RECOVERY — ^attorney's FEES AND EXPENSES. The provisions of section 270 are not unconstitutional or invalid because they per- mit as a part of the costs, the recovery of all sums paid for the filing and recording of a laborer's lien against a mining claim and the recovery of attorney's fees in an action to enforce the lien against the mining property. Cascaden v. Wimbish, 161 Fed. 241, p. 244. C. ENFORCING LIEN AGAINST MINE — PLEADING. A complaint to enforce a laborer's lien on a mining claim must aver that the labor alleged to have been performed went to the improvement of the particular claim. Morris v. Marsh, 3 Alaska 146. Sec. 175. The respective recorders shall, upon the payment of the fees for the same prescribed by the Attorney General, record sepa- rately, in large and well-bound separate books, in fair hand: First. Deeds, grants, transfers, contracts to sell or convey real estate and mortgages of real estate, releases of mortgages, powers of attorney, leases which have been acknowledged or proved, mortgages upon personal property ; Ninth. Affidavits of annual work done on mining claims; Tenth. Notices of mining location and declaratory statements; Eleventh. Such other writings as are required or permitted by law to be recorded, including the liens of mechanics, laborers, and others: Provided, Notices of location of mming claims shall be filed for record within 90 days from the date of the discovery of the claim described in the notice, and all instruments shall be recorded in the recording district in which the property or subject matter affected by the instrument is situated, and where the property or subject matter is not situated ui any established recording district the instrument ALASKA COMPILED LAWS^ PP. 8()1-913. 885 affecting tlio same shall bo recorded in the office of the chuk of tlio division of the court having supervision over the recordhig chvision in which such property or subject matter is situated. * * * Provided, Miners hi an;^ organized mhung district may make rules and regulations governing the recording of notices of location of mhung claims, water rights, flumes and ditches, mill sites and affidavits of labor, not in conflict with this act or the general laws of the United States; and nothing in this act shall be construed so as to prevent the miners in any regularly organized mining district not within any recording district established by the court from electhig their own mining recorder to act as such until a recorder therefor is appointed by the court: Provided further, All records heretofore regularly made by the United States commissioner at Dyea, Skagway, and the recorder at Douglas City, not in conflict with any records regularly made with the United States commissioner at Juneau, are hereby legalized. And all records heretofore made in good faith m any regularly organized mining district are hereby made public records, and the same shall be delivered to the recorder for the record- ing district including such mming district within six months from the passage of this act. (Act of June 6, 1900, 31 Stat. 321.) Charlton Code, pp. 71, 72. Sec. 176. Native-born citizens of the Dominion of Canada shall be accorded in said District of Alaska the same mining rights and privileges accorded to citizens of he United States in British Colum- bia and the Northwest Territory by the laws of the Dominion of Canada or the local laws, rules, and regulations; but no greater rights shall be thus accorded than citizens of the United States, or persons who have declared their intention to become such, may enjoy in said District of Alaska; and the Secretary of the Interior shall from time to time promulgate and enforce rules and .regulations to carry this provision into effect. (Act of May 14, 1898, 30 Stat. 415.) Charlton Code, p. 61, sec. 13. Section 177 includes section IG of the act of March 3, 1891 (26 Stat. 1095, p. 1101), with town-site acts, p. 1378. The second part of section 177 is with 2G Stat. 1095, p. 1101, as section 17, p. 1223. Sections 178. 180, and 181 are parts of 30 Stat. 11, p. 36, and is with 16 Stat. 149, Reservation, p. 1164. Section 179 is a part of 30 Stat. 11, p. 35, and is with 20 Stat. 88, Timber cutting, p. 1352. Section 182 is a part of 29 Stat. 526, Oil lands, p. 1043. Section 183 is a part of 32 Stat. 825, Oil lands, p. 1048. Section 184 is a part of 36 Stat. 1015. Oil lands, p. 1048. Section 185 is 31 Stat. 745, Salines, Salt springs, and Lead mines, p. 1213. Section 186 is section 1 of 27 Stat. 348, Stone lands, p. 1328. Sec. 187. Any person or association of persons qualified to make entry under the coal-land laws of the United States, who shall have opened or improved a coal mine or coal mines on any of the unsurveyed public lands of the United States in the District of Alaska, may locate the lands upon which such mine or mines are situated, in rectangular tracts containing 40, 80, or 160 acres, with north and south boundary lines run according to the true meridian, by marking the four corners thereof with permanent monuments, so that the boundaries thereof may be readily and easily traced. And all such locators shall, within one year from the passage of this act, or within one year from making such location, file for record in the recording district, and with the register and receiver of the land district 886 UNITED STATES MINING STATUTES ANNOTATED. in which the lands are located or situated, a notice containing the name or names of the locator or locators, the date of the location, the description of the lands located, and a reference to such natural objects or permanent monuments as will readily indentify the same. Charlton Code, p. 104, sec. 1. Sec. 188. Such locator or locators, or their assigns, who are citizens of the United States, shall receive a patent to the lands located by presenting, at any time within three years from the date of such notice, to the register and receiver of the land district in which the lands so located are situated an application therefor, accompanied by a certified copy of a plat of survey and field notes thereof, made by a United States deputy surveyor or a United States mineral surveyor duly approved by the surveyor general for the District of Alaska, and a payment of the sum of $10 per acre for the lands applied for; but no such application shall be allowed until after the applicant has caused a notice of the presentation thereof, embracing a description of the lands, to have been published in a newspaper in the District of Alaska published nearest the location of the premises for a period of 60 days, and shall have caused copies of such notice, together with a certified copy of the official plat or survey, to have been kept posted in a conspicuous place upon the land applied for and in the land office for the district in which the lands are located for a like period, and until after he shall have furnished proof of such publication and posting, and such other proof as is required by the coal-land laws; Provided, That nothing herein contained shall be so construed as to authorize entries to be made or title to be acquired to the shore of any navigable waters within said district. (Act of Apr. 28, 1904, 33 Stat., 525.) Charlton Code, p. 104, sec. 2. Sec. 189. During such period of posting and publication, or within six months thereafter, any person or association of persons having or asserting any adverse interest or claim to the tract of land or any part thereof sought to be purchased shall file in the land office where such application is pending, under oath, an adverse claim, setting forth the nature and extent thereof, and such adverse claimant shall, within 60 days after the filing of such adverse claim, begin an action to quiet title in a court of competent jurisdiction within the District of Alaska, and thereafter no patent shall issue for such claim until the final adjudication of the rights of the parties, and such patent shall then be issued in conformity with the final decree of such court therein. (Act of Apr. 28, 1904, 33 Stat., 525.) Charlton Code, p. 104, sec. 3. Sec. 190. All the provisions of the coal-land laws of the United States not in confiict with the provisions of this act shall continue and be in full force in the District of Alaska. (Act of Apr. 28, 1904, 33 Stat., 525.) Charleston Code, p. 104, sec. 4. See Sec. 129, p. 871. Sections 187, 188, 189, 190 are sections 1, 2, 3, 4 of the amendatory act of April 28, 1904, 33 Stat. 525, amend- ing the act of June 6, 1900, 31 Stat. 658. See sections 197 and 214. ALASKA COMPILED LAWS, PP. Sdl-DL'i. 887 31 STAT. 658, JUNE 6, 1900. COAL-LAND LAWS— ALASKA. AN ACT To extend the coal-land laws to the District of Alanka. Be it enacted etc., That so iiiiich of the piibhc-land hiws of the United States are hei-eby extended to the District of Alaska as i-elate to coal hinds, namely, sections 2347 to 2352, inclusive, of the Kevised Statutes. See note, sec. 197, p. 890. 23 STAT. 24, p. 26, 1 SUPP. R. S. 430, p. 433, MAY 17, 1884. COAL-LAND LAWS— ALASKA. AN ACT Providing a civil government for Alaska. ***** * * Sec. 8. That the said District of Alaska is hereby created a land district, and a United States land office for said District is hereby located at Sitka. The commissioner provided for by this act to reside at Sitka shall be ex officio register of said land office, and the clerk provided for by this act shall be ex officio receiver of public moneys, and the marshal provided for by this act shall be ex officio surveyor general of said District, and the laws of the United States relating to mining claims, and the rights incident thereto, shall, from and after the passage of this act, be in full force and effect in said District, under the administration thereof herein provided for, subject to such regulations as may be made by the Secretary of the Interior, approved by the President: Provided, That the Indians or other persons in said District shall not be disturbed in the possession of any lands actually in their use or occupation or now claimed by them, but the terms under which such persons may acquire title to such lands is reserved for future legislation by Congress: And provided further, That parties who have located mines or mineral privileges therein under the laws of the United States applicable to the public domain, or who have occupied and improved or exercised acts of ownership over such claims, shall not be disturbed therein, but shall be allowed to perfect their title to such claims by payment as afore- said. * * * A. COAL-LAND LAWS— ALASKA. 1. Extension to alaska — Construction. 2. Application to unsurveyed lands in Alaska. 3. Number of entries by one entryman. 4. Persons in possession of coal mines — Right to enter LAND. 5. Locations of coal lands — Qualifications of locators. 6. Notice of coal location — Time of filing. 1. extension to ALASKA CONSTRUCTION. Annotations include setcions 187-190. See notes, p. 885. Prior to the passage of this act the coal-land laws of the United States had not been extended to Alaska; and this act provides that "so much of the public-land laws of t])e 888 UNITED STATES MINING STATUTES ANNOTATED. United States are hereby extended to the District of Alaska as relate to coal lands," including sections 2347 to 2352. Scofield, In re (Cunningham Claims), 41 L. D. 176, p. 221. The act of April 28, 1904 (33 Stat. 525) is an amendment to the act of June 6, 1900 (31 Stat. 658), which extended to Alaska so much of the public-land laws as relate to coal. United States v. Munday, 222 U. S. 175, p. 177. This statute, not only upon its face and by its title, was an amendment to the exist- ing laws, but section 4 specifically provides that all the provisions of the act shall be in full force in the District of Alaska, and Congress thus saw fit to emphasize its will by declaring that the act in question should not be held to abrogate or repeal an ex- isting law not therein directly expressed, Scofield, In re (Cunningham Claims), 41 L. D. 176, p. 225. It was not the intention of Congress to adopt a new policy with reference to Alaska that would permit the coal lands there to be monopolized, as is clearly indicated by the reports made to that body prior to the passage of this act and as shown by the his- tory of this legislation. Scofield, In re (Cunningham Claims), 41 L. D. 176, p. 227. Note.— The act of June 6, 1900 (31 Stat. 658), is not in express terms incorporated in the Alaska Compiled Laws, but sections 2347 to 2352, inclusive, of the Revised Statutes are by this act made applicable to Alaska, and this act and the sections named are to be construed with section 190 of the Alaska Compiled Laws, p. 886. which evidently was intended to accomplish the same effect as the original act of June 6, 1900. 2. APPLICATION TO UNSURVEYED LANDS IN ALASKA. The act of June 6, 1900 (31 Stat. 658), as extended to Alaska, was inoperative for a time, because the lands of Alaska were unsurveyed, and coal lands under existing laws could be entered only "by legal subdivisions." United States v. Munday, 222 U. S. 175, p. 181. The provisions of the coal-land laws were fully extended to Alaska by the act of June 6, 1900 (31 Stat. 658), but no titles could then be acquired to coal lands in that district, because under the provisions of the law a declaratory statement could not be filed upon, nor entry made of unsurveyed lands, and the public-land surveys had not been ex- tended over any part of that country, and the act was therefore ineffectual as applied to Alaska. Scofield, In re (Cunningham Claims), 41 L. D. 176, p. 221. While lawful claims could have been initiated by the discovery of coal and the open- ing and improving of mines, maintained by possession and protected by filing a declar- atory statement therefor without the survey of the land, yet as no base and meridians had been established in Alaska there were no means by which persons locating such claims could force the extension of the pubUc surveys. Scofield, In re (Cunningham Claims), 41 L. D. 176, p. 221. While the coal-land laws were extended to Alaska in all their force and effect by this act, yet it was well known that as a practical question titles could not be acquired, as the lands were not surveyed and the vast extent of that country precluded the possi- bility that the regular system of surveys could be extended over that country for years to come. Scofield, In re (Cunningham Claims), 41 L. D. 176, p. 225. The act of June 6, 1900 (31 Stat. 658), was amended by the act of April 28, 1904 (33 Stat. 525), "making the coal-land statutes applicable to the unsurveyed public lands in Alaska. United States v. Munday, 222 U. S. 175, p. 179. ALASKA COMl'TLKD LAWS, J'P. SOl-Dlo. 889 The conditions in Ahisk;i coverod by tho net of April 2S, 1!)(M (:;;; Stat. 525), were but temporary, and when tJie coal landw tlioro Lsliall bo brouj^'ht under the system of public surveys this act will cease to be operative. United States v. Munday, 222 U. S. 175, p. 184. The purpose of this amendatory act was to permit coal location to be made on iinsur- veyed lands in Alaska and to cure the defect in the coal-land laws as made applicable to Alaska, but which were in fact inapplicable because authorizing such location only on surveyed public lands and there being at the time no surveyed lands in Alaska. Scofield, In re (Cunningham Claims), 41 L. D. 176, p. 222. It is inconceivable that Congress intended that coal lands in Alaska surveyed after the passage of this act of April 28, 1904 (33 Stat. 525), should be disposed of under the strict provisions of sections 2347 to 2352 of the Revised Statutes, and that the unsur- veyed lands might be appropriated without reference whatever to the limitations of these sections. Scofield, In re (Cunningham Claims), 41 L. D. 176, p. 226. Congress by section 4 of the act of April 28, 1904, expressly declared that all laws not inconsistent v/ith the act could remain in full force and effect as applied to Alaska, showing that Congress did not intend to remove all restrictions so as to permit the unsurveyed coal lands in Alaska to be acquired in unlimited quantities. Scofield, In re (Cunningham Claims), 41 L. D. 176, p. 225. 3. NUMBER OF ENTRIES BY ONE ENTRYMAN. The act of June 6, 1900 (31 Stat. 658), and the act of April 28, 1904 (33 Stat. 525), and sections 2347-2352 of the Revised Statutes, are in pari materia and must be con- strued together, and so construed they do not permit more than one entry by a single qualified entry man. United States v. Munday, 222 U. S. 175, p. 184. Congress did not intend to remove the restriction upon more than one entry by the same person, because it imposed no restriction on the power of alienation after the right to patent had accrued. United States v. Munday, 222 U. S. 175, p. 183. It was not the intention of Congress by this act to change the uniform policy of the Government as to limitations on the quantity of coal lands subject to entry by one entry man. United States v. Munday, 222 U. S. 175, p. 182. Morton v. Nebraska, 88 U. S. 660, p. 669. The fact that a patent may issue to an entryman or Iiis assigns is not indicative of a purpose to abandon the prohibition upon more than one location, as the prohibition is against more than one entry and not against an assignment. United States v. Munday, 222 U. S. 175, p. 182. Aside from the construction given the act of April 28, 1904 (33 Stat .''J25), by the land officers and by the Secretary of the Interior, and l)y at least onr^ court, the act itself can not be said to authorize an association of thirty-three ^ijt'rsons to acquire 5,250 acres of the unsurveyed public coal land in Alaska. Scofield, In re (Cunningham Claims), 41 T- D. 176, p. 228. 4. PERSONS IN POSSESSION. OF COAL MINES — RIGHT TO ENTER LAND. This amendatory act of A pril 28, 1904 (33 Stat. 525), provides that qualified persons or associations of person-^'^ who had opened or improved a coal mine on any of the unsur- 50974°— Bull. '-^4, \)t 2—15 5 890 UNITED STATES MINING STATUTES ANNOTATED. veyed public lands in Alaska could locate the lands upon which such mine was situ- ated in rectangular tracts containing 40, 80, or 160 acres, and fixed the conditions^and price at which the lands could be patented. Scofield, In re (Cunningham Claims), 41 L. D. 176, p. 224. By the act of April 28, 1904, Congress gave relief to the pioneers in Alaska by amend- ing existing laws so as to provide a means by which qualified persons who had opened or improved, or who thereafter might open or improve, a mine or mines of coal on the unsurveyed public lands in Alaska could locate tracts of 160 acres or less and through their own efforts secure the identification thereof in such manner as to permit the claims to pass to patent. Scofield, In re (Cunningham Claims), 41 L. D. 176, p. 225. 5. LOCATIONS OF COAL LANDS QUALIFICATIONS OF LOCATORS. By this amendatory act persons or associations of persons locating or entering coal lands in the District of Alaska are required to possess the qualifications of persons or associations making entry under the general coal land laws of the United States and are subject to the same limitations. Scofield, In re (Cunnigham Claims), 41 L. D. 176, p. 226. 6. NOTICE OF COAL LOCATION — TIME OF FILING. Under this act notices of coal location must be filed within the prescribed time and false dates can not be given to locations actually made for the purpose of bringing them within the year preceding the filing of declaratory statements and notices of claim filed with the local offices. Scofield, In re (Cunningham Claims), 41 L. D. 176, p. 232. Note.— The provision of section 8 of the act of May 17, 1884 (23 Stat. 24, 1 Supp. R. S. 430), making Alaska a land district, has been repealed, by implication, at least, by sections 204, 206, and 215, Compiled Laws of Alaska; the second provision of the same section designating Sitka as a residence for the commissioner has been expressly repealed by section 214, Compiled Laws of Alaska, p. 898; the provision of this section making the laws of the United States in force in Alaska is repeated in section 190, Compiled Laws of Alaska, p. 886, which is supplemental to and is to be taken in connection with section 129, Compiled Laws of Alaska, p. 871 ; but the proviso of section 8, reciting ' 'That parties who have located mines or minmg privilege therein imder the laws of the United States, applicable to the public domain, or who have occupied and improved, or exercised acts of ownership over mining claims, shall be allowed to perfect their titles to such claims," has evidently not been incorporated literally into the Compiled Laws of Alaska, and evidently has not been repealed expressly or by implication, and the only kindered provision is foimd in the first clause of section 187, Compiled Laws of Alaska, p. 885, relating to coal mines onlv. Sections 191 to 196, inclusive, are 2347 to 2352 R, S. inclusive, pp. 724-782. Sec. 197. All persons, their heirs or assigns, who have in good faith personally or by an attorney in fact made locations of coal land in the Territory of Alaska in their own interest, prior to November 12, 1906, or in accordance with circular of instructions issued by the Secretary of the Interior May 16, 1907, may consolidate their said ^^ims or locations by including in a single claim, location, or pur- cia,.^^^ not to exceed 2,560 acres of contiguous lands, not exceeding chase ix+lie co^.-^^ ^^le width of the tract thus consolidated, and for this in length twripli o^^gons, their heirs or assigns, may form associations purpose such pt^nr^e^.-^^^ perfect entry of and acquire title to such or corporations WHO i;-^^ .|^e other provisions of law under which lands m accordance with l.^ Wided, That no corporation ^I'Xt^^^ ^^^^^ th.s act unless 75 pefcent^^^ stock shall be held by persons qualified to enter coal lands in Ak^ka. . ^^^^^^ ^^^^^^ ^^^^^^ ^^^^^ preference riglft to purchase so much of the product of any mme or mmes opened ALASKA COMPILKl) LAWS, PP. 8G1-913. 891 upon the Liiuls sold under the piovisions of this act as may be neces- sary for the use of the Ai'iny and Navy, and at such reasonable and remunerative ])rice as may be fixed by the President; but the ])ro- ducers of any coal so purchased who may be dissatisfied with the price thus fixed shall have the right to prosecute suits against the United States in the Court of Claims for tlie recovery of any additional sum or sums they may claim as justly due ii})on such purchase. Sec. 199. If any of the lands or deposits purchased under the pro- visions of this act shall be owned, leased, trusteed, possessed, or con- trolled by any device permanently, temporarily, directly, indirectly, tacitly, or in any manner whatsoever so that they form part of, or in any way effect any combination, or are in any wise controlled by any combination in the form of an unlawful trust, or form the subject of any contract or conspiracy in restraint of trade in the mining or sell- ing of coal, or of any holding of such lands by any individual, partner- ship, association, corporation, mortgage, stock ownership, or control, in excess of 2,560 acres in the District of Alaska, the title thereto shall be forfeited to the United States by proceedings instituted by the Attorney General of the United States in the courts for that purpose. Sec. 200. Every patent issued under this act shall expressly recite the terms and conditions prescribed in sections 198 and 199 hereof. Sections 197, 198, 199 and 200, inclusive, are sections 1, 2, 3, 4, of the Act of May 28, 1908, 35 Stat. 424. See sections 187, p. 885, and 214, p. 898. A. ALASKA COAL DEPOSITS. 1. Construction and application of act. 2. Development and relief — Purpose of act. 3. Consolidation of coal claims — When permitted. 4. Agreement to consolidate claims illegal. 1. construction and application of act. This act must be construed in pari materia with the other coal mining statutes and they are all susceptible of a construction which will make all their provisions harmo- nious, and they are meant to operate together consistently with the evident intent of Congress. United States v. Dougliten, 186 Fed. 226, p. 232. This act is remedial and curative in its nature and should be construed liberally so as to afford all the relief which the language of the act indicates that Congress in- tended to grant, Alaskan Coal Lands, In re, 27 Op. Atty. Genl. 412, p. 419. While this act can have no retroactive effect and can not render criminal acts which were innocent at the time of their commission, yet it may nevertheless be looked to for the purpose of ascertaining the legislative intent. United States v. Doughten, 186 Fed. 226, p. 232. It was said to be the object of this act to enable coal locators in Alaska to consolidate their holding?; in such manner as to make possible the development of the coal fields in that region. Alaskan Cual Lands, In re, 27 Op. Atty. Genl. 412, p. 418. 892 UNITED STATES MINING STATUTES ANNOTATED. 2. DEVELOPMENT AND RELIEF PURPOSE OF ACT. This act, sections 197 to 200, clearly recognizes that the restrictions and limi- tations applicable to the United States then obtained in Alaska, and the object of this act was to grant relief and provide a means by which these claims could be con- solidated and titles thereto acquired by the locators; and that Congress did not in- tend to depart from its policy is shown by the antimonopoly provisions of section 3 of this act. Scofield, In re (Cunningham Claims), 41 L. D. 176, p. 227. 3. CONSOLIDATION OF COAL CLAIMS WHEN PERMITTED. By tliis act all persons who have in good faith made locations of coal lands in Alaska in their own interest prior to November 16, 1906, may consolidate their claims or locations into a single claim not exceeding 2,560 acres, and the benefit of this act can be shared only by persons who made coal land locations in good faith and in their own interest prior to that date. Alaskan Coal Lands, In re, 27 Op., Atty. Genl. 412, p. 417. Coal locations in Alaska, made in good faith and in the interest of the locators alone, may lawfully pass to entry and patent, where the locators have, after making their locations, entered into an agreement to consolidate their claims. Alaskan Coal Lands, In re, 27 Op. Atty. Genl. 412, p. 419. 4. AGREEMENT TO CONSOLIDATE CLAIMS ILLEGAL. Under this act a verbal agreement entered into between two or more entrymen prior to a coal location, to the effect that upon the issuance of patent the entries were to be consolidated and mined at the equal joint expense of each claimant, was un- authorized, and that such claims were not validated or the locations confirmed by the provisions of this act. Scofield, In re (Cunningham Claims), 41 L. D. 176, p. 227. Coal entries can not be completed and patents issued under this act upon locations made prior to November 12, 1906, where there was an existing agreement to transfer the entry to a single corporation and the entryman to accept stock in such corpora- tion in payment for the land, or where there was a contract conveying the land to a corporation in which the entryman had or expected to receive stock in payment of such lands; or where such entries were made under an agreement to convey to a corporation offering to make cash entry under the statute, by consolidating all claims or locations so made, for the reason that under existing laws only one entry by the same person or association of persons is authorized. Alaskan Coal Lands, In re, 27 Op. Atty. Genl. 412, p. 415. See United States v. Trinidad Coal Co., 137 U. S. 160; United States v. Keitel, 211 U. S. 370, p. 387. Section 201 is 35 Stat. 844, with coal sections 2347-2352 R. S. , p. 812. Section 202 is section 6 of the act of July 1, 1902, 32 Stat. G31, amendmg the act of March 3, 1891, 26 Stat. 1094, and is with sections 2347-2352 R. S. coal lands, p. 806. Section 203 is a part of 36 Stat. 703, p. 742, with Bureau of Mines, p. 921. 39 STAT. 741, OCTOBER 20, 1914 (PUBLIC— NO. 216— 63d CONGRESS). LEASING OF COAL LANDS. AN ACT To provide for the leasing of coal lands in the Territory of Alaska, and for other purposes. Be it enacted, etc., That the Secretary of the Interior be, and hereby is, authorized and directed to survey the lands of the United ALASKA COMPTT.ED LAWS, PP. 801-013. 898 States in the Territory of Alaska known to be vahiable for their deposits of coal, preference to be given first in favor of surveying lands within those areas commonly known as the Bering Kiver, Matanuska, and Nenana coal fields, and thereafter to such areas or coal fields as lie tributary to established settlements or existing or proposed rail or water transportation lines: Provided, That such surveys shall be executed in accordance with existing laws and rules and regulations governing the survey of public lands. There is hereby appropriated, out of any money in the Treasury not other- wise appropriated, the sum of $100,000 for the purpose of making the surveys herein provided for, to continue available until expended: Provided, That any surveys heretofore made under the authority or by the approval of the Department of the Interior may be adopted and used for the purposes of this act. Sec. 2. That the President of the United States shall designate and reserve from use, location, sale, lease, or disposition not exceeding 5,120 acres of coal-bearing land in the Bering River field and not exceeding 7,680 acres of coal-bearing land in the Matanuska field, and not to exceed one-half of the other coal lands in Alaska: Provided, That the coal deposits in such reserved areas may be mined under the direction of the President, when, in his opinion, the mining of such coal in such reserved areas, under the direction of the President, becomes necessary, by reason of an insufficient supply of coal at a rea- sonable price for the requirements of Government w^orks, construction and operation of Government railroads, for the Navy, for national protection, or for relief from monopoly or oppressive conditions. Sec. 3. That the unreserved coal lands and coal deposits shall be divided by the Secretary of the Interior into leasing blocks or tracts of 40 acres each, or multiples thereof, and in such form as in the opinion of the Secretary will permit the most economical mining of the coal in such blocks, but in no case exceeding 2,560 acres in any one leasing block or tract; and thereafter the Secretary shall offer such blocks or tracts and the coal, lignite, and associated minerals therein for leasing, and may award leases thereof through advertise- ment, competitive bidding, or such other methods as he may by gen- eral regulations adopt, to any person above the age of 21 years who is a citizen of the United States, or to any association of such persons, or to any corporation or municipality organized under the laws of the United States or of any State or Territory thereof: Provided, That a majority of the stock of such corporation shall at all times be owned and held hy citizens of the United States: And provided further, That no railroad or common carrier shall be permitted to take or acquire through lease or permit under this act any coal or coal lands in excess of such area or quantity as may be required and used solely for its own use, and such limitation of use shall be ex- ressed in all leases or permits issued to railroads or common carriers ereunder: And provided further. That any person, association, or corporation qualified to become a lessee under this act and owning any pending claim under the public-land laws to any coal lands in Alaska may, within one year from the passage of this act, enter into an arrangement with the Secretary of the Interior by which such claim shall be fully relinquished to the United States; and if in the judg- ment of the Secretary of the Interior, the circumstances connected 894 UNITED STATES MINING STyVTUTES ANNOTATED. with such chaim justify so doing, the moneys paid by the claimant or claimants to the United States on account of such claim shall, by direc- tion of the Secretary of the Interior, be returned and paid over to such person, association, or corporation as a consideration for such re- linquishment. AH claims of existing rights to any of such lands in which final proof has been submitted and which are now pending before the Commissioner of the General Land Office or the Secretary of the In- terior for decision shall be adjudicated within one year from the pas- sage of this act. Sec. 4. That a person, association, or corporation holding a lease of coal lands under this act may, with the approval of the Secretary of the Interior and through the same procedure and upon the same terms and conditions as in the case of an original lease under this act, secure a further or new lease covering additional lands contiguous to those embraced in the original lease, but in no event shall the total area embraced in such original and new leases exceed in the aggregate 2,560 acres. That upon satisfactory showing by any lessee to the Secretary of the Inierior that all of the workable deposits of coal within a tract covered by his or its lease will be exhausted, worked out, or removed within three years thereafter, the Secretary of the Interior may, within his discretion, lease to such lessee an additional tract of land or coal deposits, which, including the coal area remaining in the cedure and under the same competitive conditions as in case of an original lease. Sec. 5. That, subject to the approval of the Secretary of the Interior, lessees holding under leases small blocks or areas may con- solidate their said leases or holdings so as to include in a single hold- ing not to exceed 2,560 acres of contiguous lands. Sec. 6. That each lease shall be for such leasing block or tract of land as may be offered or applied for, not exceeding in area 2,560 acres of land, to be described by the subdivisions of the survey, and no person, association, or corporation, except as hereinafter provided, shall be permitted to take or hold any interest as a stockholder or otherwise in more than one such lease under this act, and any interest held in violation of this proviso shall be forfeited to the United States by appropriate proceedings instituted by the Attorney General for that purpose in any court of competent jurisdiction, except that any such ownership and interest hereby forbidden which may be acquired by descent, will, judgment, or decree may be held for two years, and not longer, after its acquisition. Sec. 7. That any person who shall purchase, acquire, or hold any interest in two or more such leases, except as herein provided, or who shall knowingly purchase, acquire, or hold any stock in a corporation having an interest in two or more such leases, or who shall knowingly sell or transfer to one disqualified to purchase, or except as in this act specifically provided, disqualified to acquire, any such interest, shall be deemed guilty of a felony, and upon conviction shall be pun- ished by imprisonment for not more than three years and by a fine not exceeding $1,000: Provided, That any such ownership and inter- est hereby forbidden which may be acquired by descent, will, judg- ment, or decree may be held two years after its acquisition and not original lease, shall not exceed ALASKA COMPILED LAWS, PP. 801-013. 895 longer, and in ease of niinoi'ily ov otlier disahility siieli time ns (Ik* court may decree. Sec. 8. That any direetor, trustee, oflicer, or agent of any eor- poration holding any interest in such a lease who shall, on bc^half of such corporation, act in the purchase of any interest in aTiother lease, or who shall Imowingly act on behalf of such corporation in the sjde or transfer of any such interest in any lease held by such corporation to any corporation or individual holding any interest in any such a lease, except as herein provided, shall be guilty of a felony and shall be subject to imprisonment for a term of not exceeding three years and a fine of not exceeding $1,000. Sec. 8a. If any of the lands or deposits leased under the provisions of this act shall be subleased, trusteed, possessed, or controlled by any device permanently, temporarily, directly, indirectly, tacitly, or in any manner whatsoever, so that they form part of or are in any- wise controlled by any combination in the form of an unlawful trust, with consent of lessee, or form the subject of any contract or con- spiracy in restraint of trade in the mining or selling of coal, entered into by the lessee, or of any holding of such lands by any individual, partnership, association, corporation, or control, in excess of 2,500 acres in the Territory of Alaska, the lease thereof shall be forfeited by appropriate court proceedings. Sec. 9. That for the privilege of mining and extracting and dis- posing of the coal in the lands covered by his lease the lessee shall pay to the United States such royalties as may be specified in the lease, which shall not be less than 2 cents per ton, due and payable at the end of each month succeeding that of the shipment of the coal from the mine, and an annual rental, payable at the beginning of each year, on the lands covered by such lease, at the rate of 25 cents per acre for the first year thereafter, 50 cents per acre for the second, third, fourth, and fifth years, and $1 per acre for each and every year thereafter during the continuance of the lease, except that such rental for any year shall be credited against the royalties as they accrue for that year. Leases may be for periods of not more than 50 years each, subject to renewal, on such terms and conditions as may be authorized by law at the time of such renewal. All net profits from operation of Government mines, and all royalties and rentals under leases as herein provided, shall be deposited in the Treasury of the United States in a separate and distinct fund to be applied to the reimbursement of the Government of the United States on account of any expenditures made in the construction of railroads in Alaska, and the excess shall be deposited in the fund known as The Alaska Fund, established by the act of Congress of January 27, 1905, to be expended as provided in said last-mentioned act. Sec. 10. That in order to provide for the supply of strictly local and domestic needs for fuel the Secretary of the Interior may, under such rules and regulations as he may prescribe in advance, issue to any applicant quahfied under section 3 of this act a limited license or permit granting the right to prospect for, mine, and dispose of coal belonging to the United States on specified tracts not to exceed 10 acres to any one person or association of persons in any one coal field for a period of not exceeding 10 years, on such conditions not inconsistent with this act as in his opuiion will safeguard the public 896 UNITED STATES MINING STATUTES ANNOTATED. interest, without payment of royalty for the coal mined or for the land occupied: Pro^dded, That the acquisition of (or) holding of a lease under the preceding sections of this act shall be no bar to the acqui- sition, holding, or operating under the limited license in this section permitted. And the holding of such a license shall be no bar to the acquisition or holding of such a lease or interest therein. Sec. 11. That any lease, entry, location, occupation, or use per- mitted under this act shall reserve to the Government of the United States the right to grant or use such easements in, over, through, or upon the land leased, entered, located, occupied, or used as may be necessary or appropriate to the working of the same or other coal lands by or under authority of the Government and for other pur- poses: Provided, That said Secretary, in his discretion, in making any lease under this act, may reserve to the United States the right to lease, sell, or otherwise dispose of the surface of the lands embraced within such lease under existing law or laws hereafter enacted in so far as said surface is not necessary for use by the lessee in extracting and removing the deposits of coal therein. If such reservation is made, it shall be so determined before the offering of such lease. That the said Secretary during the life of the lease is authorized to issue such permits for easements herein provided to be reserved, and to permit the use of such other public lands in the Territory of Alaska as may be necessary for the construction and maintenance of coal washeries or other works incident to the mining or treatment of coal, which lands may be occupied and used jointly or severally by lessees or permittees, as may be determined by said Secretary. Sec. 12. That no lease issued under authority of this act shall be assigned or sublet except with the consent of the Secretary of the Interior. Each lease shall contain provisions for the purpose of insuring the exercise of reasonable diligence, skill, and care in the operation of said property, and for the safety and weKare of the miners and for the prevention of undue waste, including a restriction of the workday to not exceeding eight hours in any one day for undergi'ound workers except in cases of emergency; provisions secur- ing the workers complete freedom of purchase, requiring the pay- ment of wages at least twice a month in lawful money of the United States, and providing proper rules and regulations to secure fair and 3 Qst weighing or measurement of the coal mined by each miner, and such other provisions as are needed for the protection of the interests of the United States, for the prevention of monopoly, and for the safeguarding of the public welfare. Sec. 13. That the possession of any lessee of the land or coal deposits leased under this act for all purposes involving adverse claims to the leased property shall be deemed the possession of the United States, and for such purposes the lessee shall occupy the same relation to the property leased as if operated directly by the United States. Sec. 14. That any such lease may be forfeited and canceled by appropriate proceeding in a court of competent jurisdiction whenever the lessee fails to comply with any provision of the lease or of general regulations promulgated under this act; and the lease may provide for the enforcement of other appropriate remedies for breach of speci- fied conditions thereof. ALASKA COMPILED LAWS, PP. SGl-OL*]. 897 Sec. 15. That on and af((^r tho approval of lliis act no lands in Alaska containin<2: deposits of coal witlidrawii from entry or sale shall be disposed of or acquired in any maimer except as provided in this act: Provided, That the passa,2;e of this act shall not affect any pro- ceeding now pending in the Department of the Interior, and any such proceeding may be carried to a final determination in said depart- ment notwithstanding the passage hereof: Providcnl further, That no lease shall be made, under the provisions hereof, of any land, a claim for which is pending in the Department of the Interior at the date of the passage of this act, until and unless such claim is finally dis- posed of by the department adversely to the claimant. Sec. 16. That all statements, representations, or reports required, unless otherwise specified, by the Secretary of the Interior under this act shall be upon oath and in such form and upon such blanks as the Secretary of the Interior may require, and any person making false oath, representation, or report shall be subject to punishment as for perjury. Sec. 17. That the Secretary of the Interior is authorized to prescribe the necessary and proper rules and regulations and to do any and all things necessary to carry out and accomplish the purposes of this act. Sec. 18. That all acts and parts of acts in conflict herewith are hereby repealed. 11. MISCELLANEOUS MINING PROVISIONS. Sec. 214. That section 8 of an act entitled ^^An act providing a civil government for Alaska" be, and the same is hereby, amended by striking out the words "the commissioner provided for by this act to reside in Sitka shall be ex officio register of said land office, and the clerk provided for by this act shall be ex officio receiver of public moneys, and the marshal provided for by this act shall be ex officio surveyor general of said district." There shall be appointed by the President, by and with the advice and consent of the Senate, a surveyor general for the District of Alaska, embracing one surveying district. The surveyor general of Alaska shall receive a salary at the rate of $2,000 per annum. (Act of July 24, 1897, 30 Stat. 215.) Sec. 220. A corporation to be hereafter duly organized under the name and style of the Cordova Bay Harbor Improvement and Town- Site Company, and composed of the following-named persons, to wit: John H. McGraw, Edward Lewin, and Donald A. McKenzie, or any of them, and such others as may hereafter become associated with them as incorporators, shall be permitted to purchase at the price of $2.50 per acre not to exceed 2,000 acres of such nonmineral lands of the United States as may be selected by said corporation and approved by the Secretary of the Interior, including tide or mud flats, situated at the head of Cordova Bay, at' approximately lati- tude 60 degrees and 30 minutes north, and longitude 146 west of Greenwich, in the District of Alaska, the same to be located in as nearly compact form as possible with a front of not to exceed 2 miles on the wharfage and dock area to be reserved by the Secretary of War in order to effect the improvement of said lands for town- site purposes and for the promotion and convenience of commerce with foreign nations and among the several States: Provided, however. That the Secretary of the Interior is hereby authorized and directed to withdraw from all forms of location or entry not to exceed 3,000 acres to be selected by him and surrounding the land hereby made purchasable, subject to future disposition b}^ the Congress. (Act of Feb. 6, 1909, 35 Stat. 598.) Section 228 is the same as 33 Stat. 628, Right of way, p. 1192. Sec. 330. From and after the passage of this act the wanton de- struction of wild game animals or wild birds, except eagles, ravens, and cormorants, the destruction of nests and eggs of such birds, or the killing of any wild birds, other than game birds, except eagles, for the purposes of selling the same or the skins or any part thereof, except as hereinafter provided, is hereby prohibited. '^Game defined: The term 'game animals' shall include deer, moose, caribou, mountain sheep, mountain goats, brown bear, sea lions, and walrus. The term ^game birds' shall include water fowl, commonly known as ducks, geese, brant, and swans; shore birds, commonly known as plover, snipe, and curlew, and the several species of grouse and ptarmigan. 898 ALASKA COMini.KD LAWS, l^P. ftOl-Olli. 809 "Exemptions: Notliino; in (his act shall alFoct any law now in force in Alaska relating to tlu^ fur seal, sea otter, oi- any fnr-l)earing animal, or prevent the killing of any game anhnal or bii'd for food or clothing at any time by natives, or by miners or ex])lor(MS, when in need of food; but the game animals or birds so killed (ku ing close season shall not be shipped or sold.'"' (Act of May 11, 1908, 35 Stat. 102.) Sec. 349. The territory ceded to the United States by Russia by the treaty of March 30, LSGT, and known as Alaska, shall consti- tute a civil and judicial district, the government of which shall be organized and administered as hereinafter provided. The tempo- rary seat of government of said district is hereby established at Juneau: Provided, That the seat of government shall remain at Sitka until suitable grounds and buildings thereon shall be obtained by purchase or otherwise at Juneau. (Act of June 6, 1900, 31 Stat. 321.) Carter Code, sec. 1 — Charlton Code, sec. 5926. A. MINING CLAIMS— LOCATION NOTICE— FILING FOR RECORD. Section 15 requires that notice of the location of a mining claim shall be filed for record within 90 days of the date of discovery, and requires recorders to record affi- davits of annual work done on mining claims, notice of mining locations, and de- claratory statements. Smith V. Cascaden, 148 Fed. 792, p. 793. Sturtevant v. Vogel, 167 Fed. 448, p. 450. Overgard v. Westerberg, 3 Alaska 168, p. 171. Cascaden v. Bortolis, 3 Alaska 200, p. 204. See Charlton v. Kelly, 2 Alaska 532. Under section 15 the location of a mining claim must be recorded by the recorder of the district in which the claim was located. Cook V. Klonos, 164 Fed. 529, p. 535. This statute permits the recording of instruments relating to the location or transfer of mines, but does not provide that the failure to record or to comply with any of the mining rules and regulations shall work a forfeiture of the mining claim. Sturtevant v. Vogel, 167 Fed. 448, p. 451. See Jupiter Min. Co. v. Bodie Consol. Min. Co., 11 Fed. 666. Last Chance Min. Co. v. Bunker Hill, etc., Min., etc., Co., 131 Fed. 579. McGarrity v. Byington, 12 Cal. 426. Bell V. Bed Rock, etc., Min. Co., 36 Cal. 214. King V. Edwards, 1 Mont. 235. The provision giving 90 days within which to record the location notices is reason- able and necessary in Alaska due to the great distances, bad trails, and rigorous climate and this provision of the statute repeals all mining rules in conflict therewith. Butler V. Good Enough Min. Co., 1 Alaska 246, p. 254. The provision of section 15 with reference to the fding for record notices of location of mining claims nullified the provisions of the miners in the Golden Gate mining dis- trict in force prior to June 6, 1900, the date on which the Alaska Code took effect. Butler V. Good Enough Min. Co., 1 Alaska 246, p. 252. The clerks of the courts of Alaska have provided recorders with separate books for recording notices and declarations of water rights and such notices have been generally recorded. ]\TcFarland v. Alaska Perseverance Min. Co., 3 Alaska 308, p. 326. 900 UNITED STATES MINING STATUTES ANNOTATED. Sec. 379. The respective recorders shall, upon the payment of the fees for the same prescribed by the Attorney General, record sepa- rately, in large and well-bound separate books, in fair hand: First. Deeds, grants, transfers, contracts to sell or convey real estate and mortgages of real estate, releases of mortgages, powers of attorney, leases which have been acknowledged or proved, mortgages upon personal property. Second. Certificates of marriage and marriage contracts and births and deaths. Third. Wills devising real estate admitted to probate. Fourth. Official bonds. Fifth. Transcripts of judgments which by law are made liens upon real estate. Sixth. All orders and judgments made by the district court or the commissioners in probate matters affecting real estate which are required to be recorded. Seventh. Notices and declaration of water rights. Eighth. Assignments for the benefit of creditors. Ninth. Affidavits of annual work done on mining claims. Tenth. Notices of mining location and declaratory statements. Eleventh. Such other writings as are required or permitted by law to be recorded, including the liens of mechanics, laborers, and others: Provided, Notices of location of mining claims shall be filed for record within 90 days from the date of the discovery of the claim described in the notice, and all instruments shall be recorded in the recording district in which the property or subject matter affected by the instru- ment is situated, and where the property or subject matter is not situ- ated in any establislied recording district the instrument affecting the same shall be recorded in the office of the clerk of the division of the court having supervision over the recording division in which such property or subject matter is situated. (Act of June 0, 1900, 31 Stat. 321, p. 327, 2 Supp. R. S. 1200.) Carter Code, sec. 15; Charlton Code, sec. 5946. 23 STAT. 24, 1 STTPP. II. S. 430, MAY 17, 1884. ALASKA CIVIL GOVERNMENT ACT. AN ACT Providing a civil government for Alaska. Be it enacted, etc. * * * ******* Sec. 4. That a clerk shall be appointed for said court, who shall be ex officio secretary and treasurer of said District, * * * ^ jj^ shall be ex officio recorder of deeds and mortgages and certificates of location of mining claims and other contracts relating to real estate and register of wills for said District, and shall establish secure offices in the towns of Sitka and Wrangel, in said district, for the safekeeping of all his official records, and of records concerning the reformation and establishment of the present status of titles to lands, as herein- after directed: Provided, That the district court hereby created may direct, if it shall deem it expedient, the establishment of separate offices at the settlements of Wrangel, Oonalashka, and Juneau City, respectively, for the recording of such instruments as may pertain to the several natural divisions of said District most convenient to said ALASKA COMPILED LAWS, PP. 801-913. 901 scttloments, tho limits of whicli sluill, in tlio cvoiit of siicli direction, bo delined by said court; and said olliccs shall be in cliargc of tho com- missioners respectively as hereinafter provided. * * * Section 379 evidently re])eiiLs })y implication .section 4 of the Alaska civil ^^overn- ment act (23 Stat. 24), and the duties devolvin*^ n])on the clerk as ex ollicio recorder of instruments are now required to be performed by recorders. Sec. 380. Any clerk or commissioner authorized to record any instrument who having collected fees for so doing fails to record such uistrument shall account to his successor in office, or to such person as the court may direct, for all tlio fees received by him for recording any instrument on file and unrecorded at the expiration of his official term, or at the time he is required to transfer his records to another officer under the direction of the court. And any clerk or commis- sioner who fails, neglects, or refuses to so account for fees received and not actually earned by the recording of instrument shall be deemed guilty of a misdemeanor, and on conviction thereof shall be foied not less than $100 nor more than $1,000, and imprisoned for not more than one year, or until the fees received and unearned as aforesaid shall have been properly accounted for and paid over b}^ him, as herein- before provided. And in addition such fees may be recovered from such clerk or commissioner or the bondsmen of either, in a civil action which shall be brought by the district attorney, in the name of the United States, to recover the same; and the amount when recovered shall be by the court transferred to the successor in office of such recorder, who shall thereupon proceed to record the unrecorded instru- ments: Provided, Miners in any organized mining district may make rules and regulations governing the recording of notices of location of mining claims, water rights, flumes and ditches, mill sites, and affida- vits of labor, not in conflict with this act or the general laws of the United States; and nothing in this act shall be construed so as to pre- vent the miners in any regularly organized mining district not within any recording district established by the court from electing their own mining recorder to act as such until a recorder therefor is appointed by the court : Provided further. All records heretofore regularly made by the United States commissioner at Dyea, Skagway, and the recorder at Douglas City, not in conflict with any records regularly made with the United States commissioner at Juneau, are hereby legalized. And all records heretofore made in good faith in any regularly organ- ized mining district are hereby made public records, and the same sliall be delivered to the recorder for the recording district including such mining district within six months from the passage of this act. (Act of June 6, 1900, 31 Stat. 321, p. 328; 2 Supp. R. S. 1200.) Carter Code, sec. 16; Charlton Code, sec. 5947. A. MINERS' REGULATIONS— VALIDITY. Section 16 of the original act prohibits the miners in any district from enacting and enforcing rules in conflict with mining statutes and it therefore repeals existing rules of miners in conflict with the provisions of this statute. Butler V. Good Enough Min. Co., 1 Alaska 246, p. 253. This act, supplementing section 2324 R. S., authorizes miners in any organized mining district to make rules and regulations governing the recording of location notices. McFarland v. Alaska Perseverance Min. Co., 3 Alaska 308, p. 320. 902 UNITED STATES MINING STATUTES ANNOTATED. Sec. 416. The legislative power of the Territory shall extend to all rightful subjects of legislation not inconsistent with the Constitution and laws of the United States, but no law shall be passed interfering with the primary disposal of the soil; no tax shall be imposed upon the property of the United States; nor shall the lands or other prop- erty of nonresidents be taxed higher than the lands or other property of residents; nor shall the legislature grant to any corporation, asso- ciation, or individual any special or exclusive privilege, immunity, or franchise without the affirmative approval of Congress; nor shall the legislature pass local or special laws in any of the cases enumerated in the act of July 30, 1886; nor shall it grant private charters or special privileges, but it may, by general act, permit persons to associate themselves together as bodies corporate for manufacturing, mining, agricultural, and other industrial pursuits, and for the conduct of business of insurance, savings banks, banks of discount and deposit (but not of issue), loans, trust, and guaranty associations, for the estabhshment and conduct of cemeteries, and for the construction and operation of railroads, wagon roads, vessels, and irrigating ditches, and the colonization and improvement of lands in connection therewith, or for colleges, seminaries, churches, libraries, or any other benevolent, charitable, or scientific association, but the authority embraced in this section shall only permit the organization of cor- porations or associations whose chief business shall be in the Territory of Alaska. (Act of July 30, 1886, 37 Stat. 512.) Sec. 425. That an officer of the Engineer Corps of the United States Army, a geologist in charge of Alaska surveys, an officer in the Engineer Corps of the United States Navy, and a civil engineer who has had practical experience in railroad construction and has not been connected with any railroad enterprise in said Territory be appointed by the President as a commission hereby authorized and instructed to conduct an examination into transportation ques- tion in the Territory of Alaska; to examine railroad routes from the seaboard to the coal fields and to the interior and navigable water- ways; to secure surveys and other information with respect to rail- roads, including cost of construction and operation; to obtain in- formation in respect to the coal fields and their proximity to railroad routes; and to make report of the facts to Congress on or before the 1st day of December, 1912, or as soon thereafter as may be practicable, together with their conclusions and recommendations in respect to the best and most available routes for railroads in Alaska which will develop the country and the resources thereof for the use of the people of the United States: Provided further. That the sum of $25,000, or so much thereof as may be necessary, is hereby appropriated, out of any money in the Treasury not otherwise appropriated, to defray the expenses of said commission. (Act of July 30, 1886, 37 Stat. 512.) Sec. 633. Subject to the provisions of this chapter, the right of eminent domain may be exercised in behalf of the following public uses: (3) Public buildings and grounds for the use of any precinct, city, town, viUage, school, district or other municipal division, whether incorporated or unincorporated; canals, aqueducts, flumes, ditches, or pipes conducting water, heat, or gas for the use of the inhabitants of any precinct, city, town, or other municipal division, whether incor- ALASKA COMPILED LAWS, PP. HOI -5)L'j. 903 pomtod or unincorporated; raising the banks of streams, removing obstructions therefrom, and widening, deepening, or straightening their channels; roads, streets, and alleys, ajid all other pu])lic uses for the benefit of any precinct, city, town, or other municipal division, whether incorporated or unincorporated, or the inhabitants thereof, which may be authorized by Congress or other legislative authority of the district. (4) Wharves, docks, piers, chutes, booms, ferries, bridges of all kinds, private roads, plank and turn])ike roads, railroads, canals, ditches, flumes, aqueducts, and pipes for public transportation, sup- plying mines and farming neighborhoods with water, and draining and reclaiming lands, and for floating logs and lumber on streams not navigable, and sites for reservoirs necessary for collecting and storingwater. (5) Koads, tunnels, ditches, flumes, pipes, and dumping places for working mines; also outlets, natural or otherwise, for the flow, de- posit, or conduct of tailings or refuse matter from mines; also an occupancy in common by the owners or possessors of different mines of any place for the flow, deposit, or conduct of tailings or refuse matter from their several mines, and sites for reservoirs necessary for collecting and storing water. (6) Private roads leading from highways to residences, mines, or farms. (10) Tramway lines. (Act of June 6, 1900, 31 Stat. 494, p. 522.) Sec. 691. Every mechanic, artisan, machinist, builder, contractor, lumber merchant, laborer, teamster, drayman, and other persons per- forming labor upon or furnishing material, of any kind to be used in the construction, development, alteration, or repair, either in whole or in part, of any building, wharf, bridge, flume, mine, tunnel, fence, machinery, or aqueduct, or any structure or superstructure, shall have a lien upon the same for the work or labor done or material furnished at the mstance of the owner of the building or other improvement or his agent; and every contractor, subcontractor, architect, builder, or other person having charge of the construction, alteration, or repair, in whole or in part, of any building or other improvement as aforesaid shaU be held to be the agent of the owner for the pur- poses of this code. (Act of June 6, 1900, 31 Stat. 494, p. 534.) Carter Code, sec. 262; Charlton Code, sec. 262. Sec. 692. The land upon which any building or other improvement as aforesaid shaU be constructed, together with a convenient space about the same, or so much as may be required for the convenient use and occupation thereof (to be determined by the judgment of the court at the time of the foreclosure of such lien), and the mine on which the labor was performed or for which the material was fur- nished shall also be subject to the liens created by this code if, at the time the work was commenced or the materials for the same had been commenced to be furnished, the land belonged to the person who caused the building or other improvement to be constructed, altered, or repaired; but if such person owned less than a fee-simple estate in such land, then only his interest therein shall be subject to such lien; and in case such interest shall be a leasehold interest, and the holder thereof shall have forfeited his rights thereto, the purchaser of such 904 UNITED STATES MINING STATUTES ANNOTATED. building or improvement and leasehold term, or so much thereof as reniams unexpired at any sale under the provisions of this code, shall be held to be the assignee of such leasehold term, and as such shall be entitled to pay the lessor all arrears of rent or other money and costs due under the lease, unless the lessor shall have regained possession of the land and property, or obtained judgment for the possession thereof, prior to the commencement of the construction, alteration, or repair of the building or other improvement thereof; in which event the purchaser shall have the right only to remove the building or other improvement within 30 days after he shall have purchased the same; and the owner of the land shall receive the rent due him, payable out of the proceeds of the sale, according to the terms of the lease, down to the time of such removal. (Act of June 6, 1900, 31 Stat. 494, p. 534.) Sec. 693. A lien created by this code upon any parcel of land shall be preferred to any lien, mortgage, or other incumbrance which may have attached to the land subsequent to the time when the building or other improvement was commenced, or the materials were commenced to be furnished and placed upon or adjacent to the land; also to any lien, mortgage, or other incumbrance which was unrecorded at the time when the building, structure, or other improvement was com- menced, or other materials for the same were commenced to be fur- nished and placed upon or adjacent to the land; and all liens created by this code upon any building or other improvements shall be pre- ferred to all prior liens, mortgages, or other incumbrances upon the land upon which the building or other improvement shall have been constructed or situated when altered or repaired; and in enforcing such lien, such building or other improvement may be sold separately from the land, and when so sold the purchaser may remove the same, within a reasonable tune thereafter, not to exceed 30 days, upon the payment to the owner of the land of a reasonable rent for its use from the date of its purchase to the time of removal: Provided, If such removal be prevented by legal proceedings, the 30 days shall not begin to run until the final determination of such proceedings in the court of first resort or the appellate court if appeal be taken. (Act of June 6, 1900, 31 Stat. 494, p. 535.) Carter Code, sec. 264; Charlton Code, sec. 264. Sec. 694. Every building or other improvement mentioned in sec- tion 691, constructed upon any lands with the knowledge of the owner or the person having or claiming any interest therein, shall be held to have been constructed at the instance of such owner or person having or claiming any interest therein; and the interest owned or claimed shall be subject to any lien filed in accordance with the pro- visions of this code, unless such owner or person having or claiming an interest therein shall, within three days after he shall have ob- tained knowledge of the construction, alteration, or repair, give notice that he will not be responsible for the same, by posting a notice in writing to that effect in some conspicuous place upon the land, or upon the building or other improvement situated thereon. (Act of June 6, 1900, 31 Stat. 494, p. 535.) Carter Code, sec. 265; Cliarlton Code, sec. 265. Sec. 695. It shall be the duty of every original contractor, within 60 days after the completion of his contract, and of every mechanic. ALASKA C()MPTr,ED T.AWS, PP. 861-913. 905 artisan, machinist, builder, lumber merchant, laborer, or other person, save the original contractor, claiming the benefit of this code, within 30 days after the completion of the alteration or repair thereof, or after he has ceased to labor thereon from any cause, or after he has ceased to furnish materials therefor, to file with the recorder of the precinct in which such building or other improvement, or some part thereof, shall be situated, a claim containing a true statement of his demand, after deducting all just credits and offsets, with the name of the owner or reputed owner, if known, and also the name of the per- son by whom he was employed or to whom he furnished the materials, and also a description of the property to be charged with the lien suf- ficient for identification, whicn claim shall be verified by the oath of himself or of some other person having knowledge of the facts. (Act of June 6, 1900, 31 Stat. 494, p. 535.) Carter Code, sec. 266; Charlton Code, sec. 266. Sec. 696. The recorder shall record the claim in a book kept for that purpose, which records shall be indexed as deeds and other con- veyances are required by law to be indexed, and for which he shall receive the same fees as are allowed by law for recording deeds and other instruments. (Act of June 6, 1900, 31 Stat. 494, p. 536.) Carter Code, sec. 267; Charlton Code, sec. 267. Note. — See sec. 379, Political Code. Sec. 697. No lien provided for in this code shall bind any building, structure, or other improvement for a longer period than six months after the same shall have been filed, unless suit be brought before the proper court within that time to enforce the same, or, if a credit be given, then six months after the expiration of such credit; but no lien shall be continued in force for a longer time than one year from the time the work is completed by any agreement to give credit. (Act of June 6, 1900, 31 Stat. 494, p. 536.) Carter Code, sec. 268; Charlton Code, sec. 268. Sec. 698. Any person who shall, at the request of the owner of any lot in the District, grade, fill in, or otherwise improve the same or the street in front of or adjoining the same, shall have a lien upon such lot for his work done and materials furnished in the grading, filling in, or otherwise improving the same; aad all the provisions of this code respecting the securing and enforcing the mechanic's lien shall apply thereto. (Act of June 6, 1900, 31 Stat. 494, p. 536.) Carter Code, sec. 269; Charlton Code, sec. 269. Sec. 699. Actions to enforce the liens created by this code shall be brought before the district court, and the pleadings, process, practice, and other proceedings shall be the same as in other cases. In case the proceeds of any sale under this code shall be insufficient to pay all lien holders under it, the liens of all persons other than the original contractor (and subcontractors) shall first be paid in full, or pro rata if the proceeds be insufficient to pay them m full; and out of the remainder, if any, the subcontractor shall be paid in full, or pro rata if the remainder be insufficient to pay them in full, and the remainder, if any, shall be paid to the original contractor; and each claimant shall be entitled to execution for any balance due him after such dis- tribution, such execution to be issued by the clerk of the district court, 56974°— Bull. 94, pt 2— 15 6 906 UNITED STATES MINING STATUTES ANNOTATED. upon demand, after the return of the marshal or other officer making the sale showing such balance due. In all actions under this chapter the district court shall, upon enter- ing judgment for the plaintiff, allow as a part of the costs all moneys paid for the filing and recording of the lien, and also a reasonable amount as attorney's fees. All actions to enforre any lien created by this code shall have preference upon the calendar of civil actions brought before the district court and shall be tried without unneces- sary delay. In all actions to enforce any lien created by this chapter all persons personally liable and all lien holders whose claims have been filed for record under the provisions of section 695 shall, and all other persons interested in the matter in controversy or in the property sought to be charged with the lien may, be made parties ; but such as are not made parties shall not be bound by such proceedings. The proceedings upon the foreclosure of the liens created by this code shall be, as nearly as possible, made to conform to the proceedings of a foreclosure of a mortgage lien upon real property. (Act of June 6, 1900, 31 Stat. 494, p. 536.) Sec. 700. No payment by the owner of the building or structure to any original contractor or subcontractor, made before 30 days from the completion of the building, shall be valid for the purpose of defeat- ing or discharging any lien created by this chapter in favor of any workman, laborer, lumber merchant, or material man, unless such payment so made by the owner of the building or structure to such original contractor or subcontractor has been distributed among such workmen, laborers, lumber merchants, or material men, or, if dis- tributed in part only, then the same shall be valid only to the extent the same has been so distributed. (Act of June 6, 1900, 31 Stat. 494, p. 536.) Sec. 701. Any contractor shall be entitled to recover upon a lien filed by him only such amount as may be due to him according to the terms of his contract, after deducting all claims of other parties for work done and materials furnished as aforesaid ; and in all cases where a lien shall be filed under this chapter for work done or materials fur- nished to any contractor he shall defend any action brought thereupon at his own expense, and during the pendency of such action the owner may withhold from the contractor the amount of money for which such lien is filed; and in case of judgment against the owner or his property upon the liens the owner shall be entitled to deduct from any amount due or about to become due by him to the contractor the amount of such judgment and costs; and if the amount of such judg- ment and costs shall exceed the amount due by him to the contractor, or if the owner shall have settled with the contractor in full, he shall be entitled to recover back from the contractor any amount so paid by him, the owner, in excess of the contract price, and for which the contractor was originally the party liable. (Act of June 6, 1900, 31 Stat. 494, p. 537.) Carter Code, sec. 272; Charlton Code, sec. 272. Sec. 702. Whenever any mechanic, artisan, machinist, builder, lumber merchant, contractor, laborer, or other person shall have fur- nished or procured any materials for use in the construction, altera- tion, or repair of any building or other improvement, such materials ALASKA COMPILED LAWS, PP. 861-0L3. 907 shall not be subject to attachment, execution, or other legal process to enforce any debt due by the purchaser of such materials except a debt due for the purchase money thereof, so long as in good faith the same have been or are about to be applied to the construction, alteration, or repair of such building, structure, or other improvement. (Act of June 6, 1900, 31 Stat. 494, p. 537.) Carter Code, sec. 273; Charlton Code, sec. 273. Sec. 703. The words building or other improvement," wherever the same are used in this chapter, shall be held to include and apply to any wharf, bridge, ditch, flume, tunnel, fence, machinery, aque- duct to create hydraulic power, or for mining or other purposes, and all other structures and superstructures, whenever the same can be made applicable thereto; and the words ^'construction, alteration, or repair," wherever the same are used herein, shall be held to include partial construction, and all repairs done in and upon any building or other hnprovement. (Act of June 6, 1900, 31 Stat. 494, p. 537.) Carter Code, sec* 274; Charlton Code, sec. 274. Sec. 704. Nothing contained in this chapter shall affect any lien heretofore acquired, but the same may be enforced by the provisions of this chapter; and where actions are now pending the proceedings, after this chapter goes into effect, may be conducted according to this chapter. (Act of June 6, 1900, 31 Stat. 494, p. 537.) Carter Code, sec. 275; Charlton Code, sec. 275. Sections 691 to 704, inclusive, are sections 262 to 275, inclusive, of the Civil Code for the District of Alaska. See sections 164 and 174. Sec. 798. Three or more adult persons, bona fide residents of the District of Alaska, may form a corporation in the manner and subject to the limitations provided in this chapter for the following purposes, to :wit : ''First. To construct, own, and operate railroads, tramways, street railways, wagon roads, canals, flumes, and telegraph and telephone lines in Alaska. "Second. To acquire, hold, and operate mines in Alaska. "Third. To carry on the fishery industry in all its branches in Alaska and in the waters contiguous and adjacent thereto. "Fourth. To construct and operate smelters, electric and other power and lighting plants, docks, wharves, elevators, warehouses, and hotels in Alaska. "Fifth. To carry on trade, transportation, agriculture, lumbering, and manufacturing in Alaska." (Act of May 2, 1903, 32 Stat. 947.) Charlton Code, sec. 1, page 88. Sec. 836. The periods prescribed in section 835 of this act for the commencement of actions shall be as follows: Within 10 years actions for the recovery of real property, or for the recovery of tne possession thereof ; and no action shall be maintained for such revovery unless it shall appear that the plaintiff, his ancestor, predecessor, or grantor was seized or possessed of the premises in cjuestion within 10 years before the commencement of the action: Provided, In all cases where a cause of action has already accrued, and the period prescribed in this section within which an action may be brought has expired or will expire within one year from the approval 908 UNITED STATES MINING STATUTES ANNOTATED. of this act, an action may be brought on such cause of action within one year from the date of the approval of the act. (Act of June 6, 1900, 31 Stat. 321, p. 334.) Carter Code, sec. 4; Charlton Code, sec. 4. A. RECOVERY OF POSSESSION OF MINING CLAIMS. 1. Time of beginning action. 2. Possession of mining claim for ten years — Effect and RIGHTS. A. RECOVERY OF POSSESSION OF MINING CLAIM. 1. TIME OF beginning ACTION. An action to recover possession of a mining claim in Alaska is not barred by the period of limitation where it is brought within one year from the approval of the act, as provided in section 4, title two of Alaska Civil Government Act. Tyee Consol. Min. Co. v. Langstedt, 1 Alaska 439, 136 Fed. 124, p. 126. Reversing Tyee Consol. Min. Co. v. Langstedt, 121 Fed. 709. See Tyee Consol. Min. Co. v. Jennings, 137 Fed. 863, p. 865. 2. POSSESSION OF MINING CLAIM FOR TEN YEARS EFFECT AND RIGHTS. A person who retains the possession of any part of the surface ground of a mining claim and occupies the same continuously for a period of 10 years or more after the location of the claim and before patent issues may successfully plead the statute of limitations in resisting the mining claimant's action in ejectment or for possession^ and may plead the same after patent has issued, though the 10 years required to be pleaded by the statute have not expired since patent issued, but had in part run before patent and after location, as the statute begins to run from the time of the loca- tion and not from the date of the patent. Tyee Consol. Min. Co. v. Langstedt, 1 Alaska 439, p. 467; 136 Fed. 124. Sec. 867. No action shall abate by the death or disability of a party or by the transfer of any interest therein, if the cause of ac- tion survive or continue. In case of the death or disability of a party, the court may at any time within two years thereafter, on motion, allow the action to be continued by or against his personal representatives or successor in interest. (Act of June 6, 1900, 31 Stat. 321, p. 391.) Carter Code, sec. 35; Charlton Code, sec. 35. A. SURVIVAL OF ACTION TO DETERMINE ADVERSE MINING CLAIM. An action against two defendants to determine an adverse claim to mining prop- erty survives the death of one of such defendants and such action must be continued, tried, and determined as against the surviving defendant. Mackay v. Fox, 121 Fed. 487. Sec. 1133. Any person who has a legal estate in real property, and a present right to the possession thereof, may recover such pos- session, with damages for withholding the same, by an action. Such action shall be commenced against the person in the actual posses- ALASKA COMPILED LAWS, PP. 861-013. 909 sion of the property at the time, or, if the property be not in the actual possession of anyone, then against the person acting as the owner thereof. (Act of June 6, 1900, 31 Stat. 321, p. 383.) Carter Code, sec. 301; Charlton Code, sec. 301. A. ACTION TO MAINTAIN POSSESSORY RIGHT TO MINING CLAIM. Under section 301 Alaska Civil Government Act (31 Stat. 321, p. 383), a person may maintain an action to recover possession of a mining claim. Tyee Consol. Min. Co. v. Langstedt, 1 Alaska 439, p. 452. A locator of a mining claim in Alaska who is living upon the claim in a tent, and who has begun to sink a shaft on such claim as a preliminary step in prospecting or developing the same as a mining claim, is a person in possession under section 475 and may maintain a suit under this statute against an adverse claimant. Lange v. Robinson, 148 Fed. 799, p. 804. See Sepulveda v. Sepulveda, 39 Cal. 13. Durrell v. Abbott, 6 Wyo. 265, 44 Pac. 647. Charlton v. Kelley, 156 Fed. 433, p. 437. Sec. 1184. All other causes of action by one person against an- other, whether arising on contract or otherwise, survive to the per- sonal representatives of the former and against the personal repre- sentatives of the latter. When the cause of action survives, as herein provided, the executors or administrators may maintain an action thereon against the party against whom the cause of action accrued, or, after his death, against his personal representatives. (Act of June 6, 1900, 31 Stat. 321, p. 391.) Carter Code, sec. 352; Charlton Code, sec. 352. Sec. 1307. Any person in possession, by himself or his tenant, of real property, may maintain an action of an equitable nature against another who claims an estate or interest therein adverse to him, for the purpose of determining such claim, estate, or interest. (Act of June 6, 1900, 31 Stat. 410, p. 411.) Carter Code, sec. 475; Charlton Code, sec. 475. Sec. 1946. That if any person shall willfully cut down, destroy, or injure any standing or growing tree upon the lands of another, or shall willfully take or remove from any such lands any timber or wood previously cut or severed from the same, or shall willfully dig, take, quarry, or remove from any such lands any mineral, earth, or stone, such person, upon conviction thereof, shall be punished by imprisonment in the county jail not less than one month nor more than one year, or by fine not less than fifty nor more than one thou- sand dollars. (Act of Mar. 3, 1899, 30 Stat. 1253, p. 1262. See 4 Stat. 472, Timber-cutting acts.) Carter Code, sec 66; Charlton Code, sec. 66. Sec. 1955. That any person who shall break or rob in any manner or who shall attempt to break or rob any flume, rocker, quartz, quartz vein, or lode, bedrock, sluice, sluice box, or mining claim not his own, or who shall trespass upon such mining claim, with the intent to commit a felony, shall, upon conviction thereof, be punished by im- prisonment in the penitentiary not less than one nor more than five 910 UNITED STATES MIKING STATUTES ANNOTATED. years, or by fine not less than one hundred nor more than one thousand dollars, or by both such imprisonment and fine. (Act of Mar. 3, 1899, 30 Stat. 1253, p. 1263.) Carter Code, sec. 75; Charlton Code, sec. 75. Sec. 2569. That any person or persons, corporation, or company prosecuting or attempting to prosecute any of the following lines of business within the District of Alaska shall first apply for and obtain license so to do from a district court or a subdivision thereof in said District, and pay for said license for the respective lines of business and trade as follows, to wit: Mines: Quartz mills, $3 per stamp per year. (Act of June 6, 1900^ 31 Stat. 331, amending 30 Stat. 1336.) 29 STAT. 618, 2 SITPP. R. S. 573, p. 574, MARCH 2, 1897. ALIENS ACQUIRING MINING CLAIMS. AN ACT To better define and regulate the rights of aliens to hold and own real estate in the Territories, etc. Be it enacted, etc. * * *. Sec. 2. That this act shall not apply to land now owned in any of the Territories of the United States by aliens, which was acquired on or before March 3, 1887, so long as it is held by the then owners, their heirs or legal representatives, nor to any alien who shall become a bona fide resident of the United States, and any alien who shall become a bona fide resident of the United States, or shall have de- clared his intention to become a citizen of tlje United States in the manner provided by law, shall have the right to acquire and hold lands in either of the Territories of the United States upon the same terms as citizens of the United States: Provided, That if any such resident alien shall cease to be a bona fide resident of the United States then such alien shall have 10 years from the time he ceases to be such bona fide resident in which to alienate such lands. This act shall not be construed to prevent any persons not citizens of the United States from acquiring or holding lots or parcels of lands in any incorporated or platted city, town, or village, or in any mined or mining claim, in any of the Territories of the United States. A. ALIENS MAY LOCATE MINING CLAIMS IN ALASKA. This statute in its application to Alaska permits aliens or persons who shall become bona fide residents of the United States to acquire title to the lands or mining claims by purchase. Shea V. Nilima, 133 Fed. 209, p. 216. Under this statute a court has no power to inquire into and to determine the question of citizenship of the locator of a mining claim in the District of Alaska. Tornanses v. Nelsing, i09 Fed. 710, p. 712. ALASKA COMPILED LAWS, PP. 861-913. 911 37 STAT. 417, p. 466, AUGUST 24, 1910. MINERAL LANDS— SURVEY. AN ACT Making appropriations for sundry civil expenses of the Government for the fiscal year ending June 13, 1913. Be it enacted, etc., That the following sums be, and the same are hereby, appropriated, for the objects hereinafter expressed, for the fiscal year endmg June 30, 1913: For continuation of the investigation of the mineral resources of Alaska, $90,000; * * *. PROCLAMATIONS BY THE PRESIDENT. Sec. 234. Whereas, it appears that the public good would be pro- moted by excluding certain lands from the Alexander Archipelago National Forest, in the Territory of Alaska, established by procla- mation issued August 20, 1902; :is * * * * * * Excepting from the force and effect of this proclamation all lands which are at this date embraced in any legal entry or covered by any lawful filing or selection duly of record in the proper United States land office, or upon which any vahd settlement has been made pur- suant to law, if the statutory period within which to make entry or filing of record has not expired; and also excepting all lands which at this date are embraced within any withdrawal or reservation for any use or purpose with which this reservation for forest uses is inconsistent: Provided, That these exceptions shall not continue to apply to any particular tract of land unless the entryman, settler, or claimant continues to comply with the law under which the entry, filing, or settlement was made, or unless the reservation or with- drawal with which this reservation is inconsistent continues in force, not excepting from the force and effect of this proclamation, how- ever, any part of the aforesaid national forest which may have been withdrawn to protect the coal therein, but this proclamation does not vacate any such coal land withdrawal: And provided, That these exceptions shall not apply to any land embraced in any selection, entry, or filing, which may have been permitted to remain of record subject to the creation of a permanent reservation. (July 20, 1907, 35 Stat. 2148.) Sec. 235. Whereas, the public lands in the Territory of Alaska, which are hereinafter indicated, are in part covered with timber, and it appears that the public good would be promoted by utilizing said lands as a national forest ; And further excepting from the force and effect of this proclama- tion all lands which are at this date embraced in any legal entry or covered by any lawful filing or selection duly of record in the proper United States land office, or upon which any valid settlement has been made pursuant to law, it the statutory period within which to make entry or filing of record has not expired; and also excepting all lands which at this date are embraced within any withdrawal 912 UNITED STATES MINING STATUTES ANNOTATED. or reservation for any use or purpose with which this reservation for forest uses is mconsistent: Provided, That these exceptions shall not continue to apply to any particular tract of land unless the entryman, settler, or claimant continues to comply with the law under which the entry, filing, or settlement was made, or unless the reservation or withdrawal with which this reservation is incon- sistent continues in force; not excepting from the force and effect of this proclamation, however, any part of the national forest hereby established which may have been withdrawn to protect the coal therein, but this proclamation does not vacate any such coal land withdrawal: And Provided, That these exceptions shall not ap- ply to any land embraced in any selection, entry, or filing, which may have been permitted to remain of record subject to the creation of a permanent reservation. (July 23, 1907, 35 Stat. 2149.) * * * * * Sec. 236. Whereas, the pubhc lands in the Territory of Alaska, which are hereinafter indicated, are in part covered with timber, and it appears that the public good would be promoted by utihzing said lands as a national forest; ***** * Excepting from the force and effect of this proclamation all lands which are at this date embraced in any legal entry or covered by any lawful filing or selection duly of record in the proper United States land office, or upon which any valid settlement has been made pursuant to law, if the statutory period within which to make entry or filing of record has not expired; and also excepting all lands which at this date are embraced within any withdrawal or reservation for any use or purpose with which this reservation for forest uses is inconsistent: Provided, That these exceptions shall not continue to apply to any particular tract of land unless the entry- man, settler, or claimant continues to comply with the law under which the entry, filing, or settlement was made, or unless the reser- vation or withdrawal with which this reservation is inconsistent continues in force; not excepting from the force and effect of this proclamation, however, any part of the national forest hereby established which may have been withdrawn to protect the coal therein, but this proclamation does not vacate any such coal land withdrawal: And provided, That these exceptions shall not apply to any land embraced in any selection, entry, or filing, which may have been permitted to remain of record subject to the creation of a per- manent reservation. (Sept. 10, 1907, 35 Stat. 2152.) ******* Sec. 237. Whereas, it appears that the public good would be pro- moted by excluding certain lands from the Chugach National Forest, in the Territory of Alaska, established by proclamation issued July 23, 1907. 5}C ^ ^ 'l^ And further excepting from the force and effect of this procla- mation all lands which are at this date embraced in any legal entry or covered by any lawful filing or selection duly of record in the proper United States land office, or upon which any valid settle- ALASKA COMPILED LAWS, PP. 861-013. 918 ment has been made ])iiisuant to law, if the staititory period within which to make entry or liling of record has not expired; and also excepting all lands which at this date are embraced within any withdrawal or reservation for any use or purpose with which this reservation for forest uses is mconsistent: Provided, That these exceptions shall not continue to apply to any particular tract of land unless the entryman, settler, or claimant continues to comply with the law under which the entry, filing, or settlement was made, or unless the reservation or withdrawal with which this reservation is inconsistent continues in force; not excepting from the force and effect of this proclamation, however, any part of the aforesaid na- tional forest which may have been withdrawn to protect the coal therein, but this proclamation does not vacate any such coal land withdrawal: And provided, That these exceptions shall not apply to any land embraced in any selection, entry, or filing, which may have been permitted to remain of record subject to the creation of a per- manent reservation. (Sept. 18, 1907, 35 Stat. 2153.) BANKRUPTCY. 30 STAT. 544, p. 547, JULY 1, 1898. BANKRUPTS. AN ACT To establish a uniform system of bankruptcy. Be it enacted, etc. * * * Sec. 4. Who may become bankrupts. — (a) * * *. (b) Any natural person, except a wage earner or a person en- gaged chiefly in farming or the tillage of the soil, any unincorporated company, and any corporation engaged principally in manufac- turing, trading, printing, publishing, or mercantile pursuit, owing debts to the amount of one thousand dollars or over, may be ad- judged an involuntary bankrupt upon default or an impartial trial. * * * A. MINING CORPORATIONS— BANKRUPTCY. A corporation organized for the purpose of manufacturing building stone, orna- mental stone, paving stone, monuments, and other forms of manufactured stone from granite and other kinds of stone, and for that purpose quarrying, cutting, dressing, carving, and otherwise fashioning granite and other kinds of stone, is chiefly engaged in mining and manufacturing within the meaning of this amended section and is subject to involuntary bankruptcy proceedings. Quincy Granite Quarries Co., In re, 147 Fed. 279. 32 STAT. 797, FEBRITARY 5, 1903. BANKRUPT LAW— MINING COMPANIES. AN ACT To amend an act entitled "An act to establish a uniform system of bank- ruptcy throughout the United States," approved July 1, 1898. Be it enacted, etc. * * * Sec. 3. That subdivision b of section 4 of said act be, and the same is hereby, amended so as to read as follows: ''b. Any natural person, except a wage earner, or a person engaged chiefly in farming or the tillage of the soil, any uniacorporated com- pany, and any corporation engaged principally in manufacturing, trading, printing, publishing, mining, or mercantile pursuits, owing debts to the amount of one thousand dollars or over, may be adjudged an involuntary bankrupt upon default or impartial trial, and shall be subject to the provisions and entitled to the benefits of this act." * * * A. BANKRUPT ACT. 1. Application to mining companies. 2. '^Mining" — Meaning as used in this act. 3. Mining and quarrying — Distinction. 4. Mining — Workings above and below ground. 5. Acts of bankruptcy. 914 BANKRUPTCY, PP. 914-915. 915 1. APPLICATION TO MINING COMPANIES. A mining company organized for o])erating a mine and getting precious metals from it can not be said to be engaged in any species of tradii^ and is not a corpora- tion wliich engages in the general business of buying and selUng goods within the meaning of section 4 of the bankruptcy act. Elk Park Min., etc., Co., In re, 101 Fed. 422. Rollins Gold & Silver Min. Co., In re, 102 Fed. 982. Chicago-Joplin Lead & Zinc Co., In re, 104 Fed. 67. Woodside Coal Co., In re, 105 Fed. 56. Keystone Coal Co., In re, 109 Fed. 872. See Quincy Granite Quarries Co., In re, 147 Fed. 279. The fact that a mining corporation buys or sells ore in connection with its business of mining is not sufficient to bring it within section 4 of the bankruptcy act. Chicago-Joplin Lead & Zinc Co., In re, 104 Fed. 67. 2. "mining" MEANING AS USED IN THIS ACT. The word "mining" in this statute is not to be understood in the strict sense, but is intended to include quarrying or surface operations and such operations are prop- erly included in mining. Matthews Consol. Slate Co., In re, 144 Fed. 724, p. 735. Burdick v. Dillon, 144 Fed. 737. See Midland Railway v. Robinson, 15 App. Cas. (D. C.) 19. 3. MINING AND QUARRYING DISTINCTION. For the purpose of this act distinctions between the classes of mines and methods of working are immaterial and an attempt to distinguish between mining and quar- rying would lead to no useful result as to the construction of the statute. Burdick v. Dillon, 144 Fed. 737, p. 741. A corporation engaged in quarrying and preparing slate for commercial use is en- gaged both in mining and manufacturing and comes witliin this section of the bank- ruptcy act. Matthews Consol. Slate Co., In re, 144 Fed. 724, p. 736. 4. MINING WORKINGS ABOVE AND BELOW GROUND. The word "mining" includes placer mines in which the workings are open, and hence the question whether an enterprise is mining or not can not be determined by an inquiry as to whether the workings are open or underground. Burdick v. Dillon, 144 Fed. 737, p. 741. 5. ACTS OF BANKRUPTCY. A resolution adopted by the board of directors of a mining corporation admitting its inability to pay its debts and its willingness to be adjudged a bankrupt is not an act of bankruptcy within the meaning of the bankrupt law unless such authority is expressly conferred by the stockholders upon the board of directors for such purpose. Quartz Gold Min. Co., In re, 157 Fed. 243, p. 245. Cresson & Clearfield Coal Co. v. Stauffer, 148 Fed 981. BUREAU OF MINES. 36 STAT. S69, MAY 16, 1910. ORGANIC ACT. AN ACT To establish in the Department of the Interior a Bureau of Mines. Be it enacted, etc., That there is hereby established in the Depart- ment of the Interior a bureau, to be called the Bureau of Mines, and a director of said bureau, who shall be thoroughly equipped for the duties of said office by technical education and experience and who shall be appointed by the President, by and with the advice and con- sent of the Senate, and who shall receive a salary of $6,000 per annum ; and there shall also be in the said bureau such experts and other employees as may from time to time be authorized by Congress. Sec. 2. That it shall be the province and duty of said bureau and its director, under the direction of the Secretary of the Interior, to make diligent investigation of the methods of mining, especially in relation to the safety of miners, and the appliances best adapted to prevent accidents, the possible improvement of conditions under which mining operations are carried on, the treatment of ores and other min- eral substances, the use of explosives and electricity, the prevention of accidents, and other inquiries and technologic investigations pertinent to said industries, and from time to time make such public reports of the work, investigations, and infomation obtained as the Secretary of said department may direct, with the recommendations of such bureau. Sec. 3. That the Secretary of the Interior shall provide the said bureau with furnished offices in the city of Washington, with such books, records, stationery, and appliances, and such assistants, clerks, stenographers, typewriters, and other employees as may be necessary for the proper discharge of the duties imposed by this act upon such bureau, fixing the compensation of such clerks and employees within appropriations made for that purpose. Sec. 4. That the Secretary of the Interior is hereby authorized to transfer to the Bureau of Mines from the United States Geological Survey the supervision of the investigations of structural materials and the analyzing and testing of coals, lignites, and other mineral fuel sub- stances and the investigation as to the causes of mine explosions; and the appropriations made for such investigations may be expended under the supervision of the Director of the Bureau of Mines in man- ner as if the same were so directed in the appropriations acts; and such investigations shall hereafter be within the province of the Bu- reau of Mines, and shall cease and determine under the organization of the United States Geological Survey; and such experts, employees, property, and equipment as are now employed or used by the Geo- logical Survey in connection with the subjects herewith transferred to the Bureau of Mines are directed to be transferred to said bureau. 916 BUREAU OF MINES, PP. 016-080. 917 Sec. 5. That nothing in this act shall be construed as in any way granting to any oflicer or employee of the Bureau of Mines any right or authority in connection with the inspection or supervision of mines or metallurgical plants in any State. Sec. 6. This act shall take effect and be in force on and after the 1st day of July, 1910. A. BUREAU OF MINE S— ORG ANIC ACT. 1. PURCHASE OF LAND FOR MINE RESCUE CARS. Under the act of June 25, 1910 (36 Stat. 742), making provisions for the maintenance of the Bureau of Mines, the purchase of lands for the use of the bureau or for mine rescue stations was authorized. Mine Rescue Work, In re, 28 Op. Atty. Gen. 413, p. 415. 37 STAT. 681, FEBRUARY 25, 1913. AMENDED ORGANIC ACT. AN ACT To amend an act entitled ' 'An act to establish in the Department of the Interior a Bureau of Mines, " approved May 16, 1910. Be it enacted, etc., That the act to establish in the Department of the Interior a Bureau of Mines, approved May 16, 1910 (36 Stat. 369), be, and the same is hereby, amended to read as follows: * ' That there is hereby established in the Department of the Interior a bureau of mining, metallurgy, and mineral technology, to be desig- nated the Bureau of Mines, and there shall be a director of said bureau, who shall be thoroughly equipped for the duties of said office by tech- nical education and experience and who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall receive a salary of $6,000 per annum; and there shall also be in the said bureau such experts and other employees, to be ap- pointed by the Secretary of the Interior, as may be required to carry out the purposes of this act in accordance with the appropriations made from time to time by Congress for such purposes. ''Sec. 2. That it shall be the province and duty of the Bureau of Mines, subject to the approval of the Secretary of the Interior, to conduct inquiries and scientific and technologic investigations con- cerning mining, and the preparation, treatment, and utilization of mineral substances with a view to improving health conditions, and increasing safety, efficiency, economic development, and conserving resources through the prevention of waste in the mining, quarrying, metallurgical, and other mineral industries; to inquire into the eco- nomic conditions affecting these industries; to investigate explosives and peat; and on behalf of the Government to investigate the mineral fuels and unfinished mineral products belonging to, or for the use of, the United States, with a view to their most efficient mining, prepa- ration, treatment, and use; and to disseminate information concern- ing these subjects in such manner as will best carry out the purposes of this act. ''Sec. 3. That the director of said bureau shall prepare and pub- lish, subject to the direction of the Secretary of the Interior, under the appropriations made from time to time by Congress, reports of inquiries and investigations, with appropriate recommendations of 918 UNITED STATES MINING STATUTES ANNOTATED. the bureau, concerning the nature, causes, and prevention of acci- dents, and the improvement of conditions, methods, and equipment, with special reference to health, safety, and prevention of waste in the mining, quarrying, metallurgical, and other mineral industries; the use of explosives and electricity, safety methods and appliances, and rescue and first-aid work in said industries; the causes and pre- vention of mine fires; and other subjects included under the provi- sions of this act. ^^Sec. 4. In conducting inquiries and investigations authorized by this act neither the director nor any member of the Bureau of Mines shaU have any personal or private interest in any mine or the products of any mine under investigation, or shall accept employment from any private party for services in the examination of any mine or private mineral property, or issue any report as to the valuation or the management of any mine or other private mineral property: Provided, That nothing herein shall be construed as preventing the temporary employment by the Bureau of Mines, at a compensation not to exceed $10 per day, in a consulting capacity or in the investi- gation of special subjects, of any engineer or other expert whose principal professional practice is outside of such employment by said bureau. ^^Sec. 5. That for tests or investigations authorized by the Secre- tary of the Interior under the provisions of this act, other than those performed for the Government of the United States or State govern- ments within the United States, a reasonable fee covering the neces- sary expenses shaU be charged, according to a schedule prepared by the Director of the Bureau of Mines and approved by the Secretary of the Interior, who shall prescribe rules and regulations imder which such tests and investigations may be made. AU moneys received from such sources shall be paid into the Treasury to the credit of mis- cellaneous receipts. *^Sec. 6. That this act shall take efi^ect and be in force on and after its passage." 35 STAT. 556, MAY 30, 1908. COMPENSATION FOR INJURED EMPLOYEES. AN ACT Granting to certain employees of the United States the right to receive from it compensation for injuries sustained in the course of their employment. Be it enacted, etc., That when, on or after August 1, 1908, any person employed by the United States as an artisan or laborer in any of its manufacturing estabhshments, arsenals, or navy yards, or in the construction of river and harbor or fortification work or in hazardous employment on construction work in the reclamation of arid lands or the management and control of the same, or in hazardous employ- ment under the Isthmian Canal Commission, is injured in the course of such employment, such employee shaU be entitled to receive for one year thereafter, unless such employee, in the opinion of the Secretary of Commerce and Labor, be sooner able to resume work, the same pay as if he continued to be employed, such payment to be made under such regulations as the Secretary of Commerce and Labor may pre- scribe : Provided, That no compensation shall be paid under this act where the injury is due to the negligence or misconduct of the employee injured, nor unless said injury shall continue for more than 15 days. BUREAU OF MINES^ PP. 916-930. 919 All questions of negligence or misconduct shall bo determined by the Secretary of Commerce and Jjabor. Sec. 2. That if any artisan or laborer so employed shall die during the said year by reason of such injury received in the course of such emplo3rment, leaving a widow, or a child or children under 16 years of age, or a dependent parent, such widow and child or children and dependent parent shall be entitled to receive, in such portions and under such regulations as the Secretary of Conunerce and Labor may prescribe, the same amount, for the remainder of the said year, that said artisan or laborer would be entitled to receive as pay if such employee were alive and continued to be employed : Provided, That if the widow shall die at any time during the said year her portion of said amount shaU be added to the amount to be paid to the remaining beneficiaries under the provisions of this section, if there be any. Sec. 3. That whenever an accident occurs to any employee embraced within the terms of the first section of this act, and which results in death or a probable incapacity for work, it shall be the duty of the official superior of such employee to at once report such accident and the injury resulting therefrom to the head of his bureau or independent office, and his report shall be immediately communicated through regular official channels to the Secretary of Commerce and Labor. Such report shall state, first, the time, cause, and nature of the acci- dent and injury and the probable duration of the injury resulting therefrom; second, whether the accident arose out of or in the course of the injured person's employment; third, whether the accident was due to negligence or misconduct on the part of the employee injured; fourth, any other matters required by such rules and regulations as the Secretary of Commerce and Labor may prescribe. The head of each department or independent office shall have power, however, to charge a special official with the duty of making such reports. Sec. 4. That in the case of any accident which shall result in death, the persons entitled to compensation under this act or their legal rep- resentatives shall, within 90 days after such death, file with the Sec- retary of Commerce and Labor an affidavit setting forth their relation- ship to the deceased and the ground of their claim for compensation under the provisions of this act. This shall be accompanied by the certificate of the attending physician setting forth the fact and cause of death, or the nonproduction of the certificate shall be satisfactorily accounted for. In the case of incapacity for work lasting more than 15 days, the injured party desiring to take the benefit of this act shaU, within a reasonable period after the expiration of such time, file with his official superior, to be forwarded through regular official channels to the Secretary of Commerce and Labor, an affidavit setting forth the grounds of his claim for compensation, to be accompanied by a certifi- cate of the attending physician as to the cause and nature of the injury and probable duration of the incapacity, or the nonproduction of the certificate shaU be satisfactorily accounted for. If the Secretary of Commerce and Labor shall find from the report and affidavit or other evidence produced by the claimant or his or her legal representatives, or from such additional investigation as the Secretary of Commerce and Labor may direct, that a claim for compensation is estabfished under this act, the compensation to be paid shall be determined as provided under this act and approved for payment by the Secretary of Commerce and Labor. 920 UNITED STATES MINING STATUTES ANNOTATED. Sec. 5. That the employee shall, whenever and as often as required by the Secretary of Commerce and Labor, at least once in six months, submit to medical examination, to be provided and paid for under the direction of the Secretary, and if such employee refuses to submit to or obstructs such examination his or her right to compensation shall be lost for the period covered by the continuance of such refusal or obstruction. Sec. 6. That payments under this act are only to be made to the beneficiaries or their legal representatives other than assignees, and shall not be subject to the claims of creditors. Sec. 7. That the United States shall not exempt itself from liability under this act by any contract, agreement, rule, or regulation, and any such contract, agreement, rule, or regulation shall be pro tanto void. Sec. 8. That all acts or parts of acts in conflict herewith or pro- viding a different scale of compensation or otherwise regulating its payment are hereby repealed. Note.— The duties prescribed herein to be performed by the Secretary of Commerce and Labor are now performed by the Secretary of Labor under the act of March 4, 1913 (37 Stat. 736). 37 STAT. 74, MARCH 11, 1912. INJURED EMPLOYEES OF BUREAU OF MINES. AN ACT To amend an act entitled "An act granting to certain employees of the United States the right to receive from it compensation for injuries sustained in the course of their employment," approved May 30, 1908. Be it enacted, etc., That the provisions of the act approved May 30, 1908, entitled ^'An act granting to certain employees of the United States the right to receive from it compensation for injuries sustained in the course of their employment" (35 Stat. 556) shall, in addition to the classes of persons therein designated, be held to apply to any artisan, laborer^ or other employee engaged in any hazardous work under the Bureau of Mmes or the Forestry Service of the United States: Provided, That this act shall not be held to embrace any case arising prior to its passage. 36 STAT. 676, p. 699, JUNE 25, 1910. PUBLIC BUILDINGS. AN ACT To increase the limit of cost of certain public buildings, to authorize the enlargement, extension, remodeling, or improvement of certain public buildings, to authorize the erection and completion of public buildings, to authorize the purchase of sites for public buildings. Be it enacted, etc.. That to enable the Secretary of the Treasury of the United States to give effect to and execute the provisions of existing legislation authorizing the acquisition of land for sites or the enlargement thereof, and the erection, enlargement, extension, remodeling, or repair of public buildings in the several cities here- inafter enumerated. * * * Sec. 32. That the Secretary of the Treasury be, and he is hereby, authorized and directed to prepare designs and estimates for a fire- proof building of modern office-building type of architecture to be erected on square numbered 143, in the city of Washington, D. C, now owned by the United States, which building, including fireproof BUREAU iW MINES; PP. 910-930. 921 vaults, hoatiug and ventilating apparatus, elevators, and approaches, complete, to cost not exceeding $'J,r)()(),()()(), to he (Unsigned and con- structed of suflicient area and capacity to occupy all of said square as a huiUhng site, aiul to ad'ord, when completed, oflice accommo- dations for the entire organizatioji at Wasliington of the oflice of the Geological Survey, oflice of Inchan Affairs, oflice of the Reclamation Service, the General Land Oflice, and the Bureau of Mines; and such designs and estimates shall be approved by a board consisting of the Secretary of the Interior, the Secretary of the Treasury, and the Superintendent of the Capitol Buildings and Grounds: Provided, That no part of the amount heretofore mentioned as the limit of cost is authorized to be appropriated by this act except for the prepara- tion of designs and estimates. And so much as may be necessary of the unexpended balance of the amount heretofore authorized for the acquisition of said site shall be available for the preparation of designs and estimates: Provided further. That the foregoing author- ization shall be in addition to and independent of the authorizations and appropriations for personal services for the office of the Super- vising Architect otherwise made. 36 STAT. 703, p. 742, JUNE 25, 1910. APPROPRIATIONS. Be it enacted, etc., * * * For the general expenses of the Bureau of Mines, including the pay of the director and the necessary assistants, clerks, and other employees in the office at Washington, D. C, and in the field, and for every other expense requisite for and incident to the general work of the Bureau of Mines in Washington, D. C, and in the field, to be expended under the direction of the Secretary of the Interior, $54,000. For dismantling and removing chemical laboratories, equipment, and office furniture from the office of the Geological Survey, to the office of the Bureau of Mines in Washington, D. C., and reinstalling and equipping the laboratories in the office of the Bureau of Mines with fixtures, including laboratory plumbing, sinks, hoods, coal sam- pling and crushing machinery, $14,700. For rent of offices in the city of Washington, and for furnishing the same, together with such books, records, stationery and appli- ances as the Secretary of the Interior may provide, $10,000. For the investigation as to the causes of mine explosions, methods of mining, especially in relation to the safety of miners, the appli- ances best adapted to prevent accidents, the possible improvement of conditions under which mining operations are carried on, the use of explosives and electricty, the prevention of accidents and other inquiries and technologic investigations pertinent to the mining industry, $310,000. For the analyzing and testing of the coals, lignites, ores, and other mineral fuel substances belonghig to or for the use of the United States, heretofore under the supervision of the United States Geo- logical Survey, $100,000. For making public reports of the work, investigations and infor- mation obtained by said Bureau of Mines, with the recommenda- tions of such bureau, $5,000: Provided, That no part of this sum 56974°— Bull. 94, pt 2—15 7 922 UNITED STATES MINING STATUTES ANNOTATED. shall be expended for printing except at the Government Printing Office. (26 Stat. 110.) For salaries of two mine inspectors, authorized by the act ap- proved March 3, 1891, (26 Stat. 1094), for the protection of the lives of mmers in the Territories, at $2,000 per annum each, $4,000; and said inspectors are hereby authorized to inspect coal and other mines in the District of Alaska, in which District the provisions of said act are hereby extended and made applicable; For per diem, subject to such rules and regulations as the Secre- tary of the Interior may prescribe, in lieu of subsistence at a rate not exceeding $3 per day each while absent from their homes on duty, except in Alaska, when such allowance shall be at the rate of $5 per day, and for actual necessary traveling expenses of said in- spectors, including necessary sleeping-car fares, $4,500; In all for the Bureau of Mines, $502,200. A. BUREAU OF MINES— LEASES FOR MINE RESCUE WORK. Under this appropriation the Bureau of Mines by direction of the Secretary of the Interior, is authorized to accept short term leases of land for the purpose of erecting tempoiary structures thereon for mine rescue work. Mine Rescue Work, In re, 28 Op. Atty. Genl. 413, p. 417. 36 STAT. 1363, p. 1418, MARCH 3, 1911. APPROPRIATIONS. AN ACT Making appropriations for sundry civil expenses of the Government for the fiscal year ending June 30, 1912. Be it enacted, etc.. That the following sums be, and the same are hereby, appropriated, for the objects hereinafter expressed, for the fiscal year ending June 30, 1912, namely: For the general expenses of the Bureau of Mines, including the pay of the director and the necessary assistants, clerks, and other employ- ees in the office at Washington, D. C, and in the field, and for every other expense requisite for and incident to the general work of the Bureau of Mines in Washington, D. C, and in the field, to be expended under the direction of the Secretary of the Interior, $54,000. For the investigation as to the causes of mine explosions, methods of mining, especially in relation to the safety of miners, the appliances best adapted to prevent accidents, the possible improvement of con- ditions under which mining operations are carried on, the use of explosives and electricity, the prevention of accidents and other inquires and technologic investigations pertinent to the mining industry, S310,000. For the analyzing and testing of the coals, lignites, ores and other mineral fuel substances belonging to or for the use of the United States, $135,000. For tests or investigations authorized by the Secretary of the Interior, other than those performed for the Government of the United States, a reasonable fee covering actual necessary expenses shall be charged, according to a schedule submitted by the director .and approved by the Secretary of the Interior, who shall prescribe the rules and regulations under which such tests or investigations shall be made and under which such fees shall be charged and collected. BUREAU OF MTNRS, PP. OlO-OW. 923 All moneys rocoiv(Mi from such foos shall ho paid into the Treasury to the credit of miscellaneous receipts; For salaries of two mme inspectors, authorized by the act approved March 3, 1891, for the protection of the lives of miners in the Terri- tories, $5,000; and saicf mspectors are hereby authorized to inspect coal and other mines in the District of Alaska, to which District the provisions of said act, except so much as recjuires six months' resi- dence in a Territory prior to appointment, are hereby extended and made applicable; For per diem, subject of such rules and regulations as the Secretary of the Interior may prescribe, in lieu of subsistence at a rate not exceeding $3 per day each while absent from their homes on duty, except while in Alaska, when such allowance shall be at the rate of $5 per day, and for actual necessary traveling expenses of said inspectors, including necessary sleeping-car fares, $4,500; For technical and scientific books and publications, $2,000; . In all for the Bureau of Mines, $475,500. 37 STAT. 417, p. 458, AUGUST 24, 1912. APPROPRIATIONS. AN ACT Making appropriations for sundry civil expenses of the Government for the fiscal year ending June 30, 1913. Be it enacted, etc.. That the following sums be and the same are hereby, appropriated, for the objects hereinafter expressed, for the fiscal year ending June 30, 1913, namely: For the general expenses of the Bureau of Mines, including the pay of the director and the necessary assistants, clerks, and other em- ployees in the office at Washington, D. C, and in the field, and for every other expense recpisite for and incident to the general work of the Bureau of Mines in Washington, D. C, and in the field, to be expended under the direction of the Secretary of the Interior, $66,100; For the investigation as to the causes of mine explosions, methods of mining, especially in relation to the safety of miners, the appli- ances best adapted to prevent accidents, the possible improvement of conditions under which mining operations are carried on, the use of explosives and electricity, the prevention of accidents and other inquiries and technologic investigations pertinent to the mining industry, $320,000; For the analyzing and testing of the coals, lignites, ores, and other mineral fuel substances belonging to or for the use of the United States, including personal services in the Bureau of Mines at Wash- ington, D. C, not in excess of the number and total compensation of those so employed during the fiscal year 1912, $135,000; For inquiries and investigations into the mining and treatment of ores and other mineral substances, w^ith special reference to safety and waste, $50,000: Provided, That no part thereof may be used for investigation in behalf of any private party, nor shall any part thereof be used for work authorized or required by law to be done by any other branch of the public service. For one mine inspector for duty in Alaska^ $3,000; 924 UNITED STATES MINING STATUTES ANNOTATED. For per diem, subject to such rules and regulations as the Secre- tary of the Interior may prescribe, in lieu of subsistence at a rate not exceeding $5 per day when absent on official business from his designated headquarters, and for actual necessary traveling expenses of said inspector, including necessary sleeping-car fares, $3,500; For technical and scientific books and publications and books of reference, $1,500; For the purchase or lease of the necessary land, where and under such conditions as the Secretary of the Interior may direct, for the headquarters of five mine-rescue cars and for the construction of the necessary railway sidings on the same, $4,000: Provided, That the Secretary of the Interior is hereby authorized to accept any suitable land or lands that may be donated for said purpose. In all, for the Bureau of Mines, $583,100. 37 STAT. 595, p. 609, AUGUST 26, 1912. APPROPRIATIONS. AN ACT Making appropriations to supply deficiences in appropriations for the fiscal year 1912 and for prior years. Be it enacted, etc.. That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, to supply deficiencies in appropriations for the fiscal year 1912 and for prior years, and for other purposes, namely: ******* The accounting officers of the Treasury Department are authorized and directed to credit in the accounts of George W. Evans, chief disbursing clerk. Department of the Interior, the payments made by him during the quarters ended December 31, 1911, and March 31, 1912, amounting to $254.38 and fully set forth in House Document No. 748 of this session. For investigating mine accidents, $82.10. ******* 37 STAT. 866, p. 886, MARCH 4, 1913. PITTSBURGH STATION. AN ACT To increase the limit of cost of certain public buildings, to authorize the enlargement, extension, remodeling, or improvements of certain public buildings, to authorize the erection and completion of public buildings, to authorize the purchase of sites for public buildings. Be it enacted, etc.. That to enable the Secretary of the Treasury of the United States to give effect to and execute the provisions of existing legislation authorizing the acquisition of land for sites or the enlargement thereof, and the erection, enlargement, extension, remodeling, or repair of public buildings in the several cities herein- after enumerated, the limit of cost heretofore fixed by Congress therefor be, and the same is hereby, increased, respectively, as follows; and the Secretary of the Treasury is hereby authorized to enter into contracts for the completion of each of said buildings within its respective limit of cost, including site: Sec. 26. That the Secretary of the Treasury be, and he is hereby, authorized and directed to enter into a contract or contracts for the BUREAU OF MINES, PP. 916-930. 925 erection and completion of fireproof laboratories and other buildings suitable and necessary for the niv(*stigations of th(^ Bureau of Mines, on a site hereinafter provided, in the city of Pittsburgh, Pa., within the total limit of cost hereinafter fixed. That the said laboratories and other buildings shall be constructed under the direction of and in accordance with plans and estimates to be approved by a board consisting of the Director of the Bureau of Mines, the Chief of Engineers of the Army, and the Supervising Architect of the Treasury, and shall be so constructed as to cost, complete, with the necessary railroad sidings, approaches, plumbing, lighting, heating, ventilating and hoisting apparatus, and other necessary appurtenances, not to exceed the sum of $500,000, of which amount the sum of $250,000 is hereby authorized and shall be immediately available for the preparation of plans for said labora- tories and other buildings and for carrying forward construction work. And the Secretary of the Treasury is hereby authorized to employ, without regard to civil-service laws, rules, or regulations, and to pay for at customary rates of compensation, out of this authorization, such technical and engineering services as may be recommended by the above board, to serve exclusively in the Office of the Supervising Architect of the Treasury Department to aid in the preparation of plans and specifications for and to supervise the construction of the work herein provided for: Provided, That the foregoing authorization for the employment of technical and engineer- ing services shall be in addition to and independent of the authoriza- tions and appropriations for personal services for the Office of the Supervising Architect otherwise made. That the Secretary of War be, and he is hereby, authorized to transfer to the city of Pittsburgh, Pa., or to the board of public education of the said city of Pittsbui^h, for public use, that part of the United States arsenal grounds in the city of Pittsburgh lying between Thirty-ninth and Fortieth Streets and between Butler Street and the tract of land transferred by the Secretary of War to the custody and control of the Treasury Department for a marine-hos- pital site by an instrument dated June 1, 1904, under authority of the sundry civil act of March 3, 1903, the land to be transferred to the said city of Pittsburgh being more particularly described as follows: Beginning at the northwest corner of the said tract of land transferred to the custody and control of the Treasury Department, and running thence along Fortieth Street in a northwesterly direction to the inter- section of said street and Butler Street, 1,1 17| feet, more or less; thence along Butler Street in a southwesterly direction to the inter- section of said street and Thirty-ninth Street, 523 feet, more or less ; thence along Thirty-nmth Street in a southeasterly direction to south- west corner of the said tract of land transferred to the custody and control of the Treasury Department, 1,1 00 J feet, more or less; and thence along the westerly boundary of said tract of land in a north- easterly direction to the place of beginning, 523 feet, more or less; and containing 13i acres, more or less, on the transfer by the board of public education of the city of Pittsburgh, or by the city of Pitts- burgh, to the United States, for the use of the Bureau of Mines, under the Department of the Interior, as a site for the erection of the labo- ratories and other buildings hereinbefore provided for, of the tract 926 UNITED STATES MINING STATUTES ANNOTATED. of land in the said city of Pittsburgh, known as the Magee High School site, and lying on Forbes Street and the Baltimore & Ohio Railroad, and more particularly described as follows: Beginning in the center of Boundary Street at its junction with Forbes Street and running north 87 degrees 36 minutes 45 seconds east parallel to Forbes Street for a distance of 536.2 feet, more or less, to a stone monument; thence running south 2 degrees 23 minutes 15 seconds east for a distance of 150 feet, more or less, to a stone monument; thence north 87 degrees 36 minutes 45 seconds east for a distance of 115 feet, more or less, to a stone monument; thence north 2 degrees 23 minutes 15 seconds west for a distance of 58.89 feet, more or less, to a stone monument; thence south 52 degrees 26 minutes 15 seconds east for a distance of 20.8 feet, more or less, to a pin; thence south 50 degrees 41 minutes 15 seconds east for a distance of 413.8 feet, more or less, to a pin; thence south 15 degrees 28 minutes 45 seconds west for a distance of 326.7 feet, more or less, to a pin; thence north 76 degrees 45 minutes west for a distance of 1,144.75 feet, more or less, to the center of Boundary Street; and thence along the center of Boundary Street north 28 degrees 15 minutes east for a distance of 444.38 feet, more or less, to the starting point, and containing an area of 11 J acres, more or less: Provided, That before the above- described transfer by the Secretary of War to the city of Pittsburgh shall become effective, and as an express further consideration for said transfer, and for the surrender by the United States of a per- petual water supply now obtained from a reservoir located on the lands so to be transferred, the city of Pittsburgh, through its proper officers, shall covenant and agree, at its own expense, and within a reasonable time, to tap, within that part of the Pittsburgh supply depot and reservation between Butler Street and the Allegheny River retained by the United States, the 42-inch water main belonging to the said city which now crosses the said reservation under a revocable license, and thereafter to furnish, in perpetuity, free of charge to the United States, all the water needed of good quality for said purposes, for all purposes upon the said reservation, and shall also agree to keep its own water main, pipes, hydrants, and other necessary appurtenances now located or hereafter to be located upon the same, in good condition and repair at its own expense. In case of failure of the city of Pittsburgh to do any and all things necessary to proper fulfillment of this provision, the reservoir, pipe lines, and so much of the land adjacent thereto on the part of the reservation which is to be transferred to the said city as may be needed for rights of way shall revert to the United States. 39 STAT. 251, DECEMBER 22, 1913 (PUBLIC— NO. 42, 63D CONGRESS). PITTSBURGH STATION— AMENDMENTS. AN ACT Amending an act entitled "An act to increase the limit of cost of certain public buildings, to authorize the enlargement, extension, remodeling, or improve- ment of certain public buildings, to authorize the erection and completion of pub- lic buildings, to authorize the purchase of sites for public buildings, and for other purposes," approved March 4, 1913. Be it enacted, etc.. That section 26 of the act approved March 4, 1913, which authorizes the Secretary of the Treasury to enter into BUREAU OF MINES, PP. 916-030. 927 a contract or contracts for the erection of fireproof laboratories for the Bureau of Mines in the city of Pittsburgh, Pennsylvania, and so forth, is hereby amended so as to authorize the Secretary of the Treasury, in his discretion, to accept and expend, in addition to the limit of cost therein fixed, such funds as may be received by contri- bution from the State of Pennsylvania, or from other sources, for the purpose of enlarging, by purchase, condemnation, or otherwise, and improving the site authorized to be acquired for said Bureau of Mines, or for other work contemplated by said legislation: Provided, That the acceptance of such contributions and the improvements made therewith shall involve the United States in no expenditure in excess of the limit of cost heretofore fixed. 38 STAT. 4, p. 48, JUNE 23, 1913. APPROPRIATIONS. AN ACT Making appropriations for sundry civil expenses of the Government for the fiscal year ending June 30, 1914. Be it enacted, etc.. That the following sums be, and the same are hereby, appropriated, for the objects hereinafter expressed, for the fiscal year ending June 30, 1914, namely: For the general expenses of the Bureau of Mines, including the pay of the director and the necessary assistants, clerks, and other em- ployees in the office at Washington, D. C, and in the field, and for every other expense requisite for and incident to the general work of the Bureau of Mines in Washington, D. C, and in the field, to be expended under the direction of the Secretary of the Interior, $70,000; For the investigation as to the causes of mine explosions, methods of mining, especially in relation to the safety of miners, the appli- ances best adapted to prevent accidents, the possible improvement of conditions under which mining operations are carried on, the use of explosives and electricity, the prevention of accidents, and other inquiries and technologic investigations pertinent to the mining industry, $347,000; For the analyzing and testing of the coals, lignites, ores, and other mineral fuel substances belonging to or for the use of the United States, including personal services in the Bureau of Mines at Wash- ington, D. C, not in excess of the number and total compensation of those so employed during the fiscal year 1912, $135,000; For inquiries and investigations into the mining and treatment of ores and other mineral substances, with special reference to safety and waste, $100,000: Provided, That no part thereof may be used for investigation in behalf of any private party, nor shall any part thereof be used for work authorized or required by law to be done by any other branch of the public service ; For one mine inspector for duty in Alaska, $3,000; For per diem, subject to such rules and regulations as the Secretary of the Interior may prescribe, in lieu of subsistence at a rate not exceeding $5 per day when absent on official business from his desig- nated headquarters, and for actual necessary traveling expenses of said inspector, $3,500; 928 UNITED STATES MINING STATUTES ANNOTATED. For technical and scientific books and publications and books of reference, including payment in advance for subscriptions to publica- tions, $1,500; For the purchase or lease of the necessary land, where and under such conditions as the Secretary of the Interior may direct, for the headquarters of five mine-rescue cars and for the construction of the necessary railway sidings on the same, $2,000: Provided, That the Secretary of the Interior is hereby authorized to accept any suitable land or lands that may be donated for said purpose; In all, for the Bureau of Mines, $662,000. ******* 39 STAT. 609, p. 646.— AUGUST 1, 1914 (PUBLIC— NO. 161— 63D CONGRESS). APPROPRIATIONS— BUREAU OF MINES. AN ACT Making appropriations for sundry civil expenses of the Government for the fiscal year ending June 30, 1915, and for other purposes. Be it enacted, etc.. That the following sums be, and the same are hereby, appropriated, for the objects hereinafter expressed, for the fiscal year ending June 30, 1915. ******* For general expenses, including pay of the director and necessary assistants, clerks, and other employees in the office at Washington, District of Columbia, and in the field, and every other expense requi- site for and incident to the general work of the bureau in Washington, District of Columbia, and in the field, to be expended under the direction of the Secretary of the Interior, $70,000; For investigation as to the causes of mine explosions, methods of mining, especially in relation to the safety of miners, the appliances best adapted to prevent accidents, the possible improvement of con- ditions under which mining operations are carried on, the use of explo- sives and electricity, the prevention of accidents, and other inquiries and technologic investigations pertinent to the mining industry, $347,000; For purchase of mine-rescue, first-aid, and fire-fighting equipment and supplies for use in the operation of mine-rescue cars and stations, $30,000; For purchase of steam and electric equipment for supplying light and power to the testing plant of the Bureau of Mines at Pittsburgh, Pennsylvania, $10,000; For investigation of mineral fuels and unfinished mineral products belonging to or for the use of the United States, with a view to their most efficient mining, preparation, treatment, and use, including personal services in the bureau at Washington, District of Columbia, not in excess of the number and total compensation of those so employed during the fiscal year 1913, $135,000; For inquiries and scientific and technologic investigations concern- ing the mining, preparation, treatment, and utilization of ores and other mineral substances, with a view to improving health conditions and increasing safety, efficiency, economic development, and con- serving resources through the prevention of waste in the mining, quarrying, metallurgical, and other mineral industries ; to inquire into BUREAU OF MTNKS, PP. 016-030. 929 the economic conditions affecting these industries: Provided, That no part thereof may be used for investigation in behalf of any private party, nor shall any part thereof be used for work authorized or required by law to be done by any other branch of the public service, $100,000. Not exceeding 20 per centum of the foregoing sum and not exceed- ing 10 per centum of the sum for investigation as to causes of mine explosions may be used durmg the fiscal year 1915 for personal services in the District of Columbia; and for the fiscal year 1916, and annually thereafter estimates shall be submitted specifically for aU personal services required permanently and entirely in the Bureau of Mines at Washington, District of Columbia, and previously paid from lump sum or general appropriations. For inquiries and investigations concerning the mining, preparation, treatment, and utilization of petroleum and natural gas, with a view to economic development, and conserving resources through the pre- vention of w^aste; to inquire into the economic conditions affecting the industry, $25,000; For one mine inspector for duty in Alaska, $3,000 ; For per diem, subject to such rules and regulations as the Secretary of the Interior may prescribe, in lieu of subsistence at a rate not ex- ceeding $5 per day when absent on official business from his desig- nated headquarters, and for actual necessary traveling expenses of said inspector, $2,500; For technical and scientific books and publications and books of reference, including payment in advance for subscriptions to publica- tions, $1,500; For purchase or lease of the necessary land, where and under such conditions as the Secretary of the Interior may direct, for the head- quarters of five mine rescue cars and for the construction of the necessary railway sidings on the same, $1,000: Provided, That the Secretary of the Interior is authorized to accept any suitable land or lands that may be donated for said purpose; In all, for the Bureau of Mines, $725,000. Persons employed during the fiscal year nineteen hundred and fifteen in field work, outside of the District of Columbia, under the Bureau of Mines, may be detailed temporarily for service at Washing- ton, District of Columbia, for purposes only of consultation or in con- nection with the preparation of results of their field work ; all persons so detailed shall be paid in addition to their regular compensation only their actual traveling expenses in going to and returning there- from; and all details made hereunder, and the purposes of each, dur- ing the fiscal year shall be reported, in the annual estimates of appro- priations, to the Sixty-fourth Congress at its first regular session. ******* Washington, District of Columbia, Interior Department Offices: Not exceeding $40,000 or the unexpended balance of the appropria- tion for the acquisition of square numbered 143 in Washington, District of Columbia, is reappropriated and made available toward the purposes and within the limit named in section 9 of the public buildings act of March 4, 1913, providing for a building for the Geological Survey and other offices of the Department of the Interior. 930 UNITED STATES MINING STATUTES ANNOTATED. 39 STAT. 510, JULY 17, 1914 (PUBLIC— NO. 130— 63D CONGRESS). MINE-RESCUE STATION— McALESTER, OKLA. AN ACT For the purchase of a building and lot as a mine-rescue station at McAlester, Okla. Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, authorized and directed to purchase, for and on behalf of the United States, the following-described real estate in the city of McAlester, county of Pittsburg, State of Oklahoma, to wit, the north 50 feet of lot numbered 2, in block numbered 487, in the original town site of South McAlester, the dimensions of said lot being 50 feet by 165 feet, with 50 feet front on South Third Street, in said city of McAlester, together with the two-story brick building and all other improvements thereon, for the use of the Bureau of Mines for a mine- rescue station and for such other purposes as the Bureau of Mines may from time to time desire to use the same, at and for the sum of $5,500, which said sum is hereby appropriated for such purpose out of any money in the Treasury not otherwise appropriated. CENSUS. 36 STAT. 1, p. 4, JULY 2, 1909. MINERAL SCHEDULES. AN ACT To provide for the Thirteenth and subsequent decennial censuses. Be it enacted, etc., That a census of the population, agriculture, manufactures, and mines and quarries of the United States shall be taken by the Director of the Census in the year 1910, and every 10 years therafter. Sec. 8. * * * The schedules of inquiries relating to manufac- tures and to mines and quarries shall include the name and location of each establishment; character of organization, whether individual, cooperative, or other form; character of business or kind of goods manufactured; amount of capital actually invested; number of pro- prietors, firm members, copartners, stockholders, and officers and the amount of their salaries; number of employees and the amount of their wages; quantity and cost of materials used in manufactures; amount of miscellaneous expenses; quantity and value of products; time in operation during the census year; character and quantity of power used, and character and number of machines employed. The census of manufactures and of mines and quarries shall relate to the year ending December 31 next preceding the enumeration of population and shall be confined to mines and quarries and manufac- turing establishments which were in active operation during all or a portion of that year. (Amended 36 Stat. 227.) Sec. 24. And it shall be the duty of every owner, president, treas- urer, secretary, director, or other officer or agent of any manufacturing establishment, mine, quarry, or other establishment of productive industry, whether conducted as a corporation, firm, Hmited-liability company, or by private individuals, when requested by the Director of the Census or by any supervisor, enumerator, special agent, or other employee of the Census Office acting under the instructions of the said director, to answer completely and correctly to the best of his knowl- edge all questions on any census schedule applying to such establish- ment. (Uemainder of section imposes penalty.) 36 STAT. 227, FEBRUARY 25. 1910. CENSUS REPORTS— AMENDMENT. AN ACT To amend section 8 of an act to provide for the Thirteenth and subsequent decennial censuses, approved July 2, 1909. * * * He Hi * * Sec. 8. * * * f^^Q schedules of inquiries relating to manufac- tures and to mines and quarries shall include the name and location of 931 932 UNITED STATES MINING STATUTES ANNOTATED. each establishment; character of organization, whether individual, cooperative, or other form; character of business or kind of goods manufactured; amount of capital actually invested; number oi pro- prietoi*s, firm members, copartners, stockholders, and officers, and the amount of their salaries; number of employees and the amount of their wages; quantity and cost of materials used in manufactures; amount of miscellaneous expenses; quantity and value of products; * time in operation during the census year; character and quantity of power used, and character and number of machines employed. * * * The census of manufactures and of mines and quarries shall relate to the year ending December 31 next preceding the enumeration of population and shall be confined to mines and quarries and manu- facturing estabfishments which were in active operation during all or a portion of that year. DEBRIS DEPOSITS. 24 STAT. 310, p. 329, AUGUST 5, 1886. MINES AND STAMP WORKS. AN ACT Making an appropriation for the construction, repair, and preservation of cer- tain public works on rivers and harbors, etc. Be it enacted, etc., * * * Sec. 2. That in places where harbor lines iiave not been established, and where deposits of debris of mines or stamp works can be made without injury to navigation, within lines to be established by the Secretary of War, said officer may, and is hereby authorized to, cause such lines to be established; and within such lines such deposits may be made, under regulations to be from time to time prescribed by him. 25 STAT. 498, OCTOBER 1, 1888. DEBRIS DEPOSITS COMMISSION— CALIFORNIA. AN ACT For the investigation of the mining-debris question in California. Be it enacted, etc.. That the Secretary of War is hereby authorized and directed to detail three officers from the Engineers Corps of the United States Army as a commission for the purpose of making a thorough examination and investigation of the mining-debris question in the State of California, for the purpose of ascertaining whether some plan can be devised whereby the present conflict between the mining and farming sections may be adjusted and the mining industry rehabilitated; and for a complete examination of the injured navi- gable river channels, their tributaries and lands adjacent thereto, with a view to the improvement and rectification of said rivers. And that the sum of $10,000, or so much thereof as may be necessary, is hereby appropriated, out of any money in the Treasury not otherwise appro- priated, for the purpose of carrying into effect the provisions oi this act, said sum to be expended at the discretion of the Secretary of War; the said commission to report as early as practicable to the Secretary of War the result of their investigation, and the Secretary of W ar shall make report thereof to Congress. 27 STAT. 393, FEBRUARY 25, 1892. DEBRIS DEPOSITS— CALIFORNIA. JOINT RESOLUTION Investigating mining d6bris in California. Resolved, etc., That the Secretary of War be, and he is hereby, requested to submit for the consideration of Congress what amounts can be profitably expended during the coming year to carry out the 933 934 UNITED STATES MINING STATUTES ANNOTATED. recommendations made by the commission of engineers, United States Army, appointed under the provisions of an act of Congress approved October 1, 1888, entitled "An act to investigate mining debris in California/' for ''restriction works, dams, and wingdams, to restrain the mining debris where now situated, and prevent its lodgment in the rivers of California, to the injury of navigation and commerce." 27 STAT. 507, MARCH 1, 1893. CALIFORNIA DEBRIS COMMISSION— HYDRAULIC MINING. AN ACT To create the California Debris Commission and regulate hydraulic mining in the State of California. Be it enacted, etc., That a commission is hereby created, to be known as the California Debris Commission, consisting of three members. The President of the United States shall, by and with the advice and consent of the Senate, appoint the commission from officers of the Corps of Engineers, United States Army. Vacancies occurring therein shall be filled in like manner. It shall have the authority, and exercise the powers hereinafter set forth, under the supervision of the Chief of Engineers and direction of the Secretary of War. Sec. 2. That said commission shall organize within 30 days after its appointment by the selection of such officers as may be required in the performance of its duties, the same to be selected from the members thereof. The members of said commission shall receive no greater compensation than is now allowed by law to each, re- spectively, as an officer of said corps of engineers. It shall also adopt rules and regulations, not inconsistent with law, to govern its deliberations and prescribe the methods of procedure under the provisions of this act. Sec. 3. That the jurisdiction of said commission, in so far as the same affects mining carried on by the hydraulic process, shall extend to all such mining in the territory drained by the Sacramento and San Joaquin River systems in the State of California. Hy- draulic mining, as defined in section 8 hereof, du'ectly or indi- rectly injuring the navigability of said river systems, carried on in said territory other than as permitted under the provisions of this act is hereby prohibited and declared unlawful. Sec. 4. That it shall be the duty of said commission to mature and adopt such plan or plans, from examinations and surveys al- ready made and from such additional examinations and surveys as it may deem necessary, as wiU improve the navigability of all the rivers comprising said systems, deepen their channels, and protect their banks. Such plan or plans shall be matured with a view of making the same effective as against the encroachment of and dam- age from debris resulting from mining operations, natural erosion, or other causes, with a view of restoring, as near as practicable and the necessities of commerce and navigation demand, the naviga- bility of said rivers to the condition existing in 1860, and permit- ting mining by the hydraulic process, as the term is understood in said State, to be carried on, provided the same can be accomplished, without injury to the navigability of said rivers or the land adjacent thereto. DEBRIS DEPOSITS^ PP. '.);{;{-i)4r). 935 Sec. 5. That it sliall further examine, survey, and determine the utility and practicability, for the purposes hereinafter indicated, of storage sites in the tributaries of said rivers and in the respective branches of said tributaries, or in tlie plains, basins, sloughs, and tule and swamp lands adjacent to or along the course of said rivers, for the storage of debris or water or as settling reservoirs, with the ob- ject of using the same by either or all of these methods to aid in the improvement and piotection of said navigable rivers by preventing deposits therein of debris resulting from mining operations, natural erosion, or otlier causes, or for affording relief thereto in flood time and providing sufficient w^ater to maintain scouring force therein in the summer season; and in connection therewith to investigate such hydraulic and other mines as are now or may have been worked by methods intended to restrain the debris and material moved in operating such mines by impounding dams, settling reservoirs, or otherwise, and in general to make such study of and researches in the hydraulic mining industry as science, experience, and engi- neering skill may suggest as practicable and useful in devising a method or methods whereby such mining may be carried on as aforesaid. Sec. 6. That the said commission shall from time to time note the conditions of the navigable channels of said river systems, by cross- section surveys or otherwise, in order to ascertain the efl^ect therein of such hydraulic mining operations as may be permitted by its orders and such as is caused by erosion, natural or otherwise. Sec. 7. That said commission shall submit to the Chief of En- gineers, for the information of the Secretary of War, on or before the 15th day of November of each year, a report of its labors and transactions, with plans for the construction, completion, and pres- ervation of the public works outlined in this act, together with es- timates of the cost thereof, stating what amounts can be profitably expended thereon each year. The Secretary of War shall thereupon submit same to Congress on or before the meeting thereof. Sec. 8. That for the purposes of this act '^hydraulic mining" and '^mining by the hydraulic process," are hereby declared to have the meaning and application given to said terms in said State. Sec. 9. That the individual proprietor or proprietors, or in case of a corporation its manager or agent appointed for that purpose, owning mining ground in the territory in the State of California mentioned in section 3 hereof, which it is desired to work by the hydraulic process, must file with said commission a verified petition, setting forth such facts as will comply with law and the rules pre- scribed by said commission. Sec. 10. That said petition shall be accompanied by an instru- ment duly executed and acknowledged-, as required by the law of the said State, whereby the owner or owners of such mine or mines surrender to the United States the right and privilege to regulate by law, as provided in this act, or any law that may hereafter be enacted, or by such rules and regulations as may be prescribed by virtue thereof, the manner and method in which the debris resulting from the working of said mine or mines shall be restrained, and what amount shall be produced therefrom; it being understood that the surrender aforesaid shall not be construed as in any way affecting 936 UNITED STATES MINING STATUTES ANNOTATED. the right of such owner or owners to operate said mine or mines by any other process or method now in use in said State: Provided, That they shall not interfere with the navigability of the aforesaid rivers. Sec. 11. That the owners of several mining claims situated so as to require a common dumping ground or dam or other restraining works for the debris issuing therefrom in one or more sites may file a joint petition setting forth such facts m addition to the requirements of section 9 hereof ; and where the owner of a hydraulic mine or owners of several such mines have and use common dumping sites for impound- ing debris or as settling reservoirs, which sites are located below the mine of an appHcant not entitled to use same, such fact shall also be stated in said petition. Thereupon the same proceedings shall be had as provided for herein. Sec. 12. A notice specifying briefly the contents of said petition and fixing a time previous to which all proofs are to be submitted shall be pubhshed by said commission in some newspaper or newspapers of general circulation in the community m teres ted in the matter set forth therein. If pubhshed in a daily paper such pubhcation shall continue for at least 10 days; if in a weekly paper, in at least three issues of the same. Pendmg publication thereof said commission, or a committee thereof, shall examine the mine and premises described in such peti- tion. On or before the time so fixed all parties interested, either as petitioners or contestants, whether miners or agriculturists, may file affidavits, plans, and maps in support of their respective claims. Further hearing, upon notice to all parties of record, may be granted by the commission when necessary. Sec. 13. That in case the majority of the members of said commis- sion, within 30 days after the time so fixed, concur in a decision in favor of the petitioner or petitioners, the said commission shall there- upon make an order directing the methods and specifying in detail the manner in which operations shall proceed in such mme or mines; what restraining or impounding works, if facilities therefor can be found, shall be built, and maintained; how and of what material; where to be located; and in general set forth such further require- ments and safeguards as will protect the public interests and will pre- vent injury to the said navigable rivers, and the lands adjacent thereto,, with such further conditions and limitations as will observe all the provisions of this act in relation to the working thereof and the pay- ment of taxes on the gi'oss proceeds of the same: Provided, That all expense incurred in complying with said order shall be borne by the owner or owners of such mine or mines. (Amended, 34 Stat. 1001, p. 944.*) Sec. 14. That such petitioner or petitioners must within a reason- able time present plans and specifications of all works required to be built in pursuance of said order for examination, correction, and approval by said commission ; and thereupon work may immediately commence thereon under the supervision of said commission or repre- sentative thereof attached thereto from said corps of engineers, who shall inspect same from time to time. Upon completion thereof, if found in every respect to meet the requirements of the said order and said approved plans and specifications, permission shall thereupon be DEBRIS DEPOSITS, PP. 033-045. 987 granted to the owner or owners of siicJi mine or mines to commiMice mining operations, subject to the conditions of said order and the pro- visions 01 this act. Sec. 15. That no pennission granted to a mine owner or owners \mder this act shall take effect, so far as regards the working of a mine, until all impounding dams or other restraining works, if any are pre- scribed by the order granting such pennission, have been completed and until the impounding dams or otlier restraining works or settling reservoirs provid[ed by said commission have reached such a stage as, in the opinion of said commission, it is safe to use the same : Provided, however, That if said commission shall be of the opinion that the restraining and other works already constructed at the mine or mines shall be sufficient to protect the navigable rivers of said systems and the work of said commission, then the owner or owners oi such mine or mines may be permitted to commence operations. Sec. 16. That in case the joint petition referred to in section 11 hereof is granted, the commission shall fix the respective amounts to be paid by each owner of such mines toward providing and building necessary impounding dams or other restraining works. In the event of a petition being filed after the entry of such order, or in case the im- pounding dam or dams or other restraining works have already been constructed and accepted by said commission, the commission shall fix such amount as may be reasonable for the privilege of dumping there- in, which amount shall be divided between the original owners of such impounding dams or other restraining works in proportion to the amount respectively paid by each party owning same. The expense of maintaining and protecting such joint dam or works shall be di- vided among mine owners using the same in such proportions as the commission shall detemiine. In all cases where it is practicable, re- straining and impounding works are to be provided, constructed, and maintained by mine owners near or below the mine or mines before reaching the main tributaries of said navigable waters. Sec. 17. That at no time shall any more debris be permitted to be washed away from any hydrauHc mine or mines situated on the tribu- " taries of said, rivers and the respective branches of each, worked under the provisions of this act, than can be impounded within the restrain- ing works erected. Sec. 18. That the said commission may at any time, when the con- dition of the navigable rivers or when the capacities of all the impound- ing and settling facilities erected by the mine owners or such as may be provided by government authority require same, modify the order granting the privilege to mine by the hydrauHc mining process so as to reduce amount thereof to meet the capacities of the facilities then in use, or actually required in order to protect the navigable rivers from damage, may revoke same until the further notice of the commission. Sec. 19. That an intentional violation on the part of a mine owner or owners, company, or corporation, or the agents or employees of either, of the conditions of the order granted pursuant to section 13, or such modifications thereof as may have been made by said commission, shall work a forfeiture of the privileges thereby conferred, and upon notice being served by the order of said commission upon such owner or owners, company, or corporation, or agent in charge, 56974°— Bull. 94, pt 2—15 8 938 UNITED STATES MINING STATUTES ANNOTATED. work shall immediately cease. Said commission shall take necessary steps to enforce its orders in case of the failure, neglect, or refusal of such owner or owners, company, or corporation, or agent thereof, to comply therewith, or in the event of any person or persons, company, or corporation working by said process in said territory contrary to law. Sec. 20. That said commission, or a committee therefrom, or officer of said corps assigned to duty under its orders, shall, whenever deemed necessary, visit said territory and all mines operating under the provisions of this act. A report of such examination shall be placed on file. Sec. 21. That the said commission is hereby granted the right to use any of the pubHc lands of the United States, or any rock, stone, timber, trees, brush, or material thereon or therein, for any of the purposes of this act ; and the Secretary of the Interior is hereby author- ized and requested, after notice has been filed with the Commissioner of the General Land Office by said commission, setting forth what pubUc lands are required by it under the authority of this section, that such land or lands shall be withdrawn from sale and entry under the laws of the United States. Sec. 22. That any person or persons who willfully or maliciously injure, damage, or destroy, or attempt to injure, damage, or destroy any dam or other work erected under the provisions of this act for restraining, impounding, or setthng purposes, or for use in connection therewith, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not to exceed the sum of $5,000 or be impris- oned not to exceed five years, or by both such fine and imprisonment, in the discretion of the court. And any person or persons, company, or corporation, their agents or employees, who shall mine by the hydraufic process directly or indirectly injuring the navigable waters of the United States, in violation of the provisions of this act shall be guilty of a misdemeanor, and upon conviction thereof shall be pun- ished by a fine not exceeding $5,000, or by imprisonment not exceeding one year, or by both such fine and imprisonment, in the discretion of the court: Provided, That this section shall take effect on the 1st day of May, 1893. Sec. 23. That upon the construction by the said commission of dams or other works for the detention of debris from hydraulic mines and the issuing of the order provided for by this act to any individual, company, or corporation to work any mine or mines by hydraufic process, the individual, company, or corporation operating thereunder working any mine or mines by hydraulic process, the debris from which fiows into or is in whole or in part restrained by such dams or other works erected by said commission, shall pay a tax of 3 per centum on the gross proceeds of his, their, or its mine so worked; which tax of 3 per centum shall be ascertained and paid in accordance with regula- tions to be adopted by the Secretary of the Treasury, and the Treas- urer of the United States is hereby authorized to receive the same. All sums of money paid into the Treasury under this section shaU be set apart and credited to a fund to be known as the '^debris fund," and shall be expended by said commission under the supervision of the Chief of Engineers and direction of the Secretary of War, in addition DEBRIS DEPOSITS, PP. 033-945. 939 to the appropriations made by law in the construction and maintenance of such restraining works and sotthng reservoirs as may bo })roper and necessary: Provided, that said commission is hereby authorized to receive and pay into the Treasury from the owner or owners of mines worked by the hydraulic process, to whom permission may have been granted so to work under the provisions hereof, such money advances as may be offered to aid in the construction of such im])ounding dams or other restraining works, or settling reservoirs, or sites therefor, as may be deemed necessary by said commission to protect the navigable channels of said river systems, on condition that all moneys so ad- vanced shall be refunded as the said tax is paid into the said debris fund; And provided further, That in no event shall the Government of the United States be liable to refund same except as directed by this section. Sec. 24. That for the purpose of securing harmony of action and economy in expenditures in the work to be done by the United States and the State of Cahfornia, respectively, the former in its plans for the improvement and protection of the navigable streams and to prevent the depositing of mining debris or other minerals within the same, and the latter in its plans authorized by law for the reclamation, drainage, and protection of its lands, or relating to the working of hydraulic mines, the said commission is empowered to consult thereon with a commission of engineers of said State, if authorized by said Sate for said purpose, the result of such conference to be re- Eorted to the Chief of Engineers of the United States Army, and if y him approved shall be followed by said commission. Sec. 25. That said commission, in order that such material as is now or may hereafter be lodged in the tributaries of the Sacramento and San -Joaquin River systems resulting from mining operations, natural erosion, or other causes shall be prevented from injuring the said navigable rivers or such of the tributaries of either as may be navi- gable and the land adjacent thereto, is hereby directed and empowered, when appropriations are made therefor by law, or sufficient money is deposited for that purpose in said debris fund, to build at such points above the head of navigation in said rivers and on the main tribu- taries thereof, or branches of such tributaries, or at any place adja- cent to the same, which in the judgment of said commission, will effect said object (the same to be of such material as will insure safety and permanency), such restraining or impounding dams and settling re- servoirs, with such canals, locks, or other works adapted and required to complete same. The recommendations contained in Executive Document No. 267, Fifty-first Congress, second session, and Executive Document No. 98, Forty -seventh Congress, first session, as far as they refer to impounding dams, or other restraining works, are hereby adopted, and the same are directed to be made the basis of operations. The sum of $15,000 is hereby appropriated, from moneys in the Treasury not otherwise appropriated, to be immediately available to defray the expenses of said commission. 940 UNITED STATES MINING STATUTES ANNOTATED. A. MINING DEBRIS ACT. B. STATE COTJIITS, p. 943. A. MINING DEBRIS ACT. Purpose of act. Power of Congress over mining operations. Jurisdiction of commission. Duty of commission. Hydraulic mining. a. Prohibited when injurious to streams. b. Permit from commission necessary. c. Conditions on which permits granted — Proce- ' DURE. 1. PURPOSE OF ACT. The purpose of this statute is to provide a means by which hydraulic mining can be can-ied on in the territory named without directly or indirectly injuring the naviga- bility of the river systems mentioned. United States v. North Bloomfield Gravel Min. Co., 81 Fed. 243, p. 250. See North Bloomfield Gravel Min. Co. v. United States, 88 Fed. 664. While it was the purpose of this act to prevent injuries if possible to the navigable rivers and to lower landowners, yet the act was not intended to exonerate a miner from liability, or in any respect to limit or restrict the powers of the State courts, but pro- tected private property from threatened injury and to redress inflicted wrongs thereto caused by the operation of a hydraulic mine, though carried on under a permit and in strict compliance with the plans and directions of the commission. County of Sutter v. Nicols, 152 Cal. 688, p. 696. It is the intent and meaning of tliis statute to prohibit and make unlawful any and all hydraulic mining in the territory drained by the Sacramento and San Joaquin River systems which directly or indirectly injures the navigability of such system and to permit it in all cases where the work can be done without such injury to such river systems or other lands adjacent thereto. United States v. North Bloomfield Gravel Min. Co., 81 Fed. 243, p. 251. This act is intended to promote the navigability of the rivers named by providing for the regulation, restriction, and supervision of hydraulic mining upon headwaters or other rivers, but it does not purport to make the miners the agents of the United States to preserve the rivers below any other present state or restore them to a former condition, but is intended to so control and restrict the operation of such mines as to prevent the further clogging of these streams by mining debris and at the same time to devise plans whereby hydraulic mining can be carried on without injury to other persons. County of Sutter v. Nicols, 152 Cal. 688, p. 695. As to the circumstances and conditions leading to the enactment and on the inter- pretation of tliis statute, see : United States v. North Bloomfield Gravel Min. Co., 81 Fed. 243, p. 248. North Bloomfield Gravel Min. Co. v. United States, 88 Fed. 664, p. 672. Hobbs V. Amador, etc.. Canal Co., 66 Cal. 161. Salstrom v. Orleans Bar Gold Min. Co., 153 Cal. 551. Good V. West Min. Co., 154 Mo. App. 591; 136 S. W. 241. Nelson v. O'Neal, 1 Mont. 284. Fitzpatrick v. Montgomery, 20 Mont, 181 ; 51 Pac. 416. York v. Davidson, 39 Oreg. 81 ; 65 Pac. 819. Carson v. Hayes, 39 Oreg. 97; 65 Pac. 814. DEBIUS DEPOSITS, PP. 933-945. 941 2. POWER OF CONGRESS OVER MINING OPERATIONS. Congress has the power lo put a stop to tho workings of all mines that contribute in any degree to obstruct the navigable waters either between the States or connecting with the ocean and to prescribe the conditions upon which any work so contributing might be prosecuted. United States v. North Bloomfield Gravel Min. Co., 81 Fed. 243, p. 252. North Bloomfield Gravel Min. Co. v. United States, 88 Fed. 664, p. 674. Congress intended to make the provisions of this act mandatory. North Bloomfield Gravel Min. Co. v. United States, 88 Fed. 664, pp. 672, 677. 3. JURISDICTION OF COMMISSION. The jurisdiction of the California Debris Commission extends to all hydraulic mining in the territory drained by the Sacramento and San Joaquin River systems in California. United States v. North Bloomfield Gravel Min. Co., 81 Fed. 243, p. 249. North Bloomfield Gravel Min. Co. v. United States, 88 Fed. 664, p. 674. The jurisdiction of the California Debris Commission, so far as it affects hydraulic mining, extends to the territory drained by the Sacramento and San Joaquin Rivers, and any such mining directly or indirectly injuring the navigability of these river systems is prohibited unless authorized by the commission. County of Sutter v. Nicols, 152 Cal. 688, p. 692. 4. DUTY OF COMMISSION. It is made the duty of the commission to mature and adopt such plan or plans as will improve the navigability of the rivers comprising the system named, with a view of making the same effective as against danger from debris resulting from mining operations. United States v. North Bloomfield Gravel Min. Co., 81 Fed. 243, p. 250. It is made the duty of the commission to determine the utility and practicability of storage sites in the tributaries of the rivers mentioned and other places for the storage of debris, or settling reservoirs, and by other methods to prevent deposits of debris in such rivers resulting from mining operations. United States v. North Bloomfield Gravel Min. Co., 81 Fed. 243, p. 250. North Bloomfield Gravel Min. Co. v. United States, 88 Fed. 664, p. 673. The commission is authorized to adopt plans to prevent damage from debris result- ing from mining operations, with a view of restoring the navigability of the Sacra- mento and San Joaquin Rivers to the condition existing in 1860. County of Sutter v. Nicols, 152 Cal. 688, p. 692. 5. HYDRAULIC MINING. a. PROHIBITED WHEN INJURIOUS TO STREAMS. Hydraulic mining is unlawful and is prohibited when it directly or indirectly in- jures the navigability of the river systems mentioned in this section. United States v. North Bloomfield Gravel Min. Co., 81 Fed. 243, p. 249. North Bloomfield Gravel Min. Co. v. United States, 88 Fed. 664, p. 672. The statute proceeds upon the theory that injury must necessarily result from hydraulic mining unless conducted in the manner permit^ted by the statute. North Bloomfield Gravel Min. Co. v. United States, 88 Fed. 664, p. 677. 942 UNITED STATES MINING STATUTES ANNOTATED. The act prohibits all hydraulic mining unless the provisions of the act are first complied with. North Bloomfield Gravel Min. Co. v. United States, 88 Fed. 664, p. 677. Hydraulic mining under this statute and mining by the hydraulic process as pro- vided for in this statute is intended to have the meaning and application given to these terms in the State of California, United States v. North Bloomfield Gravel Min. Co., 81 Fed. 243, p. 249. The plain meaning of sections 4 and 5 is that mine owners within the territory drained by the rivers mentioned shall not work their mines by the hydraulic proc- ess unless they file with the commission a certain described petition. -United States v. North Bloomfield Gravel Min. Co., 81 Fed. 243, p. 252. North Bloomfield Gravel Min. Co. v. United States, 88 Fed. 664, p. 673. Neither Congress nor the Legislature of California has authorized the use of the na\igable rivers in the State of California for the flow and deposit of mining debris to the extent that such rivers are thereby obstructed, navigation impeded or pre- vented, and the lands adjacent covered and injured by such mining debris. Woodruff V. North Bloomfield Gravel Min. Co., 18 Fed. 753, p. 770. No statute of the State of California in express terms authorizes the miners to fill up the channels of the waters of the State with mining debris to such an extent as to injure na\igation, or to bury and destroy the lands of riparian proprietors; and such right can not be inferred from legislation recognizing and encouraging mining as in itself a lawful pursuit. Woodruff V. North Bloomfield Gravel Min. Co., 18 Fed. 753, p. 774. The prohibitory effect of sections 4 and 5 is confirmed by the provisions of section 17. United States v. North Bloomfield Gravel Min. Co., 81 Fed. 243, p. 252. b. PERMIT FROM COMMISSION NECESSARY. Under this statute mine owners engaged in hydraulic mining in the district named have no right to use the streams Avithout the permission of the commissioners. North Bloomfield Gravel Min. Co. v. United States, 88 Fed. 664, p. 677. No permit can be issued until the provisions of the act have been complied with, and hydraulic mining is prohibited unless and until such permit is issued. North Bloomfield Gravel Min. Co. v. United States, 88 Fed. 664, p. 673. This section means that the things prescribed shall be done before any permit is issued. North Bloomfield Gravel Min. Co. v. United States, 88 Fed. 664, p. 673. Sections 9 and 10 prescribe methods by which the owners of mineral lands may- operate the same by hydraulic mining and provide the manner and method by which the debris resulting from the working of such land shall be restrained and what amount shall be produced therefrom. United States v. North Bloomfield Gravel Min. Co., 81 Fed. 243, p. 250. C. CONDITIONS ON WHICH PERMITS GRANTED — PROCEDURE. The commission may grant permission to owners of mineral lands to carry on min- ing operations subject to the conditions of the statute and the rules and regulations of the commission. United States v. North Bloomfield Gravel Min. Co., 81 Fed. 243, p. 251. North Bloomfield Gravel Min. Co. v. United States, 88 Fed. 664, p. 673. DEBRIS DEPOSITS, PP. 933-945. 943 Persons desiring to operate by hydraulic process must present their verified petition as required by tliis section and must ollierwise comply with the statute, and must construct tlie prescribed works under the supervision of the commission before permission is granted to operate their mine by the hydraulic method. County of Sutter v. Nicols, 152 Cal. 688, p. 692. Mine owners shall not begin operations under permission of the commission until impounding dams, restraining works, or settling reservoirs are in such condition as the commission may deem safe. United States v. North Bloomfield Gravel Min. Co., 81 Fed. 243, p. 251. North Bloomfield Gravel Mn. Co. v. United States, 88 Fed. 664, p. 673. The provisions directing notice to be given and authorizing a hearing were intended to conclude and estop the lower landowners with respect to subsequent injuries that might be inflicted, but were. only designed to enable the commission to obtain all aid which it could derive from the suggestions of all persons whose property was believed to be in danger, in order that the commission could better advise as to the means and plans necessary to prevent such injury. County of Sutter v. Nicols, 152 Cal. 688, p. 696. No more mining debris shall be permitted to be washed from any hydraulic mine than can be cared for within the restraining works erected. United States v. North Bloomfield Gravel Min. Co., 81 Fed. 243, p. 251. b. state courts. 1. Jurisdiction to prevent injury from hydraulic MINING. 2. Injuries from hydraulic mining — Injunction. 1. jurisdiction to prevent injury from hydraulic mining. The State courts have jurisdiction and power to prevent actual or threatened injury caused by hydraulic mine operations, though such operations are carried on strictly in accordance with the permission given by the debris commission. County of Sutter v. Nicols, 152 Cal. 688, p. 691. The mining debris commission authorized by this act is not a judicial tribunal and its findings and the permission granted by it to operate a hydraulic mine are not conclusive upon the State courts, and a person whose property is in fact injured may have relief in the State courts, though the mining is carried on pursuant to permis- sion granted by the commission and in strict compliance with its directions and supervision. County of Sutter v. Nicols, 152 Cal. 688, p. 693. 2. INJURIES FROM HYDRAULIC MINING INJUNCTION. A mining company may be enjoined from working a placer mine by the use of hydraulic pressure thereby washing out the gravel, sand, and debris, and causing the same to accumulate in a natural watercourse to the extent that such watercourse is obstructed and such gravel, sand, and debris are thereby deposited upon the lands of the riparian owners to their permanent injury. Woodruff V. North Bloomfield Gravel Min. Co., 18 Fed. 753. Hardt v. Liberty Hill Consol., Min., etc., Co., 27 Fed. 788. United Sates v. North Bloomfield Gravel Min. Co., 53 Fed. 625. See United States v. North Bloomfield Gravel Min. Co., 81 Fed. 243, pp. 248, 252. North Bloomfield Gravel Min. Co. v. United States, 88 Fed. 664, pp. 671, 676. McCann v. Wallace, 117 Fed. 936. People V. Gold Run, etc., mn. Co., 66 Cal. 138. 944 UNITED STATES MINING STATUTES ANNOTATED. The fact that parties violating the provisions of this act subject themselves to penal- ties does not prevent the issuance of an injunction. North Blojmfield Gravel Min. Co. v. United States, 88 Fed. 664, p. 677. A mining corporation enjoined from operating its mine by the hydraulic process because of obstruction to navigation and injury to adjoining proprietors will not on mere intimation be enjoined a second time wliere, on permission from the court, it has erected proper impounding reservoirs by means of which it impounded upon its own land and within its own mines all material likely to obstruct navigation or injure adjoining landowners. United States v. North Bloomfield Gravel Min. Co., 53 Fed. 625, p. 629. North Bloomfield Gravel Min. Co. v. United States, 88 Fed. 664, p. 671. See Woodruff v. North Bloomfield Gravel Min. Co., 45 Fed. 129. 34 STAT. 1001, FEBRUARY 27, 1907. California Debris Commission — Amendment. AN ACT To amend section 13 of an act of March 1, 1893, entitled "An act to create the California Debris Commission, etc." Be it enacted, etc.. That section 13 of an act of March 1, 1893, entitled ''An act to create the California Debris Commission and regulate mining in the State of California," is hereby amended so as to read as follows: ''Sec. 13. That in case a majority of the members of said commis- sion, within 30 days after the time so fixed, concur in the decision in favor of the petitioner or petitioners, the said commission shall thereupon make an order directing the methods and specifying in detail the manner in which operations shall proceed in such mine or mines; what restraining or impounding works, if any, if facihties therefor can be found, shall be built and maintained; how and of what material; where to be located; and in general set forth such further requirements and safeguards as will protect the pubhc interests and prevent injury to the said navigable rivers and the lands adjacent thereto, with such further conditions and limitations as will observe all the provisions of this act in relation to the working thereof and the payment of taxes on the gross proceeds of the same: Provided, That aU expense incurred in complying with said order shall be borne by the owner or owners of such mine or mines : And provided further, That where it shall appear to said commission that hydrauhc mining may be carried on without injury to the navigation of said navigable rivers and the lands adjacent thereto, an order may be made author- izing such mining to be carried on without requiring the construction of any restraining or impounding works or any settling reservoirs: And provided also. That where such an order is made a license to mine, no taxes provided for herein on the gross proceeds of such mining operations shaU be collected." 30 STAT. 1121, p. 1152, MARCH 3, 1899. DEPOSITING REFUSE IN NAVIGABLE WATERS. AN ACT Making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, etc. Be it enacted, etc.. That the following sums of money be, and are hereby, appropriated, to be paid out oi any money in the Treasury DEBRIS DEPOSITS, PP. 933-945. 945 not otherwise appropriated, to be immediately available, and to bo expended under the direction of the Secretary of War and the super- vision of the Chief of Engineers, for the construction, completion, repair, and preservation of the pubUc works hereinafter named: ******* Sec. 13. That it shall not be lawful to throw, discharge, or deposit, or cause, suffer, or procure to be thrown, discharged, or deposited either from or out of any ship, barge, or other floating craft of any kind, or from the shore, whari, manufacturing establishment, or mill of any kind, any refuse matter of any kind or description whatever other than that flowing from streets and sewers and passing there- from in a Uquid state, into any navigable water of the United States, or into any tributary of any navigable water from which the same shall float or be washed into such navigable water; and it shall not be lawful to deposit, or cause, suffer, or procure to be deposited material of any kind in any place on the bank of any navigable water, or on the bank of any tributary of any navigable water, where the same shall be hable to be washed into such navigable water, either by ordinary or high tides, or by storms or floods, or otherwise, whereby navigation shall or may be impeded or obstructed : Provided, That nothing herein contained shall extend to, apply to, or prohibit the operations in connection with the improvement of navigable waters or construction of public works, considered necessary and proper by the United States officers supervising such improvement or pubhc work: And provided further, That the Secretary of War, whenever in the judgment of the Chief of Engineers anchorage and navigation will not be injured thereby, may permit the deposit of any material above mentioned in navigable waters, within limits to be defined and under conditions to be prescribed by him, provided appUcation is made to him prior to depositing such material; and whenever any permit is so granted the conditions thereof shall be strictly comphed with, and any violation thereof shall be unlawful. DESERT LANDS. 19 STAT. 377, Chap. 107, MARCH 3, 1877. WATER RIGHTS. AN ACT To provide for the sale of desert lands in certain States and Territories. Be it enacted, etc., That it shall be lawful for any citizen of the United States, or any person of requisite age ''who may be entitled to become a citizen, and who has filed his declaration to become such'* and upon payment of 25 cents per acre, to file a declaration under oath with the register and the receiver of the land district in which any desert land is situated, that he intends to reclaim a tract of desert land not exceedmg 1 section, by conducting water upon same, within the period of three years thereafter: Provided, however. That the right to the use of water by the person so conducting the same, on or to any tract of desert land of 640 acres shall depend upon bona fide prior appropriation; and such right shall not exceed the amount of water actually appropriated, and necessarily used for the purpose of irriga- tion and reclamation; and all surplus water over and above such actual appropriation and use, together with the water of all lakes, rivers, and other sources of water supply upon the public lands and not navigable, shall remain and be held tree for the appropriation and use of the public for irrigation, mining, and manufacturing purposes sub- ject to existing rights. Said declaration shall describe particularly said section of land if surveyed, and, if unsurveyed, shall describe the same as nearly as possible without a survey. At any time within the period of three years after filing said declaration, upon making satis- factory proof to the register and receiver of the reclamation of said tract of land in the manner aforesaid, and upon the payment to the receiver of the additional sum of $1 per acre for a tract of land not exceeding 640 acres to any one person, a patent for the same shall be issued to him. Provided, That no person shall be permitted to enter more than one tract of land and not to exceed 640 acres which shall be in compact form. Sec. 2. That all lands exclusive of timber lands and mineral lands which will not, without irrigation, produce some agricultural crop, shall be deemed desert lands, within the meaning of this act, which fact shall be ascertained by proof of two or more credible witnesses under oath, whose affidavits shall be filed in the land office in wnich said tract of land may be situated. Sec. 3. That this act shall only apply to and take effect in the States of California, Oregon, and Nevada, and the Territories of Wash- ington, Idaho, Montana, Utah, Wyoming, Arizona, New Mexico, and Dakota, and the determination of what may be considered desert land shall be subject to the decision and regulation of the Commissioner of the General Land Office. 946 DESERT LANDS, PP. 946-0r)1 . 947 A. SURFACE WATER— APPROPRIATION FOR MINING, ETC. See sec. 2339, p. 609. This act by declaring that surface water on the public domain shall remain and be held free for the appropriation and use of the public for mining and other purposes subject to existing rights does not limit the right of appropriation by the owners of land upon which a beneficial use of the water is to be made, nor prevent a local legislature from empowering a water company to become an intermediary for furnishing water for such purposes to the lands of third persons not bordering upon the stream. Gutierres v. Albuquerque Land, etc., Co., 188 U. S. 545, p. 555. The water which may be appropriated under this statute is limited to the "surplus " water of a stream over and above any water already appropriated and which shall remain and be held free for the appropriation and use of the public for irrigation, min- ing, and manufacturing purposes subject to existing rights. Gutierres v. Albuquerque Land, etc., Co., 188 U. S. 545, pp. 553, 555. 26 STAT. 1095, p. 109G, MARCH 3, 1891. Amendment. AN ACT To repeal timber-culture laws, and for other purposes. Be it enacted, etc., * * *^ Sec. 2. That an act to provide for the sale of desert lands in cer- tain States and Territories, approved March 3, 1877 (19 Stat. 377, chap. 107), is hereby amended by adding thereto the following sections : Sec. 4. That at the time of filing the declaration hereinbefore required the party shall also file a map of said land, which shall exhibit a plan showing the mode of contemplated irrigation, and which plan shall be sufficient to thoroughly irrigate and reclaim said land, and prepare it to raise ordinary agricultural crops, and shall also show the source of the water to be used for irrigation and reclamation. Per- sons entering or proposing to enter separate sections, or fractional parts of sections, of desert lands may associate together in the con- struction of canals and ditches for irrigating and reclaiming all of said tracts, and may file a joint map or maps showing their plan of internal improvements. Sec. 5. That no land shall be patented to any person under this act unless he or his assignors shall have expended in the necessary irrigation, reclamation, and cultivation thereof, by means of main canals and branch ditches, and in permanent improvements upon the land, and in the purchase of water rights for the irrigation of the same, at least $3 per acre of whole tract reclaimed and patented in the man- ner following: Within one year after making entry for such tract of desert land as aforesaid the party so entering shall expend not less than $1 per acre for the piu-pose, aforesaid; and he shall in like manner expend the sum of $1 per acre during the second and also dur- ing the third year thereafter, until the full sum of $3 per acre is so expended. Said party shall file during each year with the register proof, by the affidavits of two or more credible witnesses, that the full sum of $1 per acre has been expended in such necessary improvements during such year, and the manner in which expended, and at the expir- tion of the third year a map or plan showing the character and extent of such improvements. If any party who has made such application shall fail during any year to file the testimony aforesaid the lands shall 948 UNITED STATES MINING STATUTES ANNOTATED. revert to the United States, and the 25 cents advanced payment shall be forfeited to the United States, and the entry shall be canceled. Nothing herein contained shall prevent a claimant from making his final entry and receiving his patent at an earlier date than hereinbefore prescribed, provided that he then makes the required proof of reclama- tion to the aggregate extent of $3 per acre: Provided, That proof be further required of the cultivation of one-eighth of the land. Sec. 6. That this act shall not affect any valid rights heretofore accrued under said act of March 3, 1877 (19 Stat. 377), but all bona fide claims heretofore lawfully initiated may be perfected, upon due compliance with the provisions of said act, in the same manner, upon the same terms and conditions, and subject to the same limitations, forfeitures, and contests as if this act had not been passed ; or said claims, at the option of the claimant, may be perfected and pat- ented under the provisions of said act, as amended by this act, so far as applicable; and all acts and parts of acts in conflict with this act are hereby repealed. Sec. 7. That at any time after filing the declaration, and within the period of four years thereafter, upon making satisfactory proof to the register and the receiver of the reclamation and cultivation of said land to the extent and cost and in the manner aforesaid, and substantially in accordance with the plans herein provided for, and that he or she is a citizen of the United States, and upon payment to the receiver of the additional sum of $1 per acre for said land, a patent shall issue therefor to the applicant or his assigns; but no person or association of persons shall hold by assignment or other- wise prior to the issue of patent, more than 320 acres of such arid or desert lands but this section shall not apply to entries made or ini- tiated prior to the approval of this act. Provided, however. That additional proofs may be required at any time within the period prescribed by law, and that the claims or entries made under this or any preceding act shall be subject to contest, as provided by the law, relating to homestead cases, for illegal inception, abandon- ment, or failure to comply with the requirements of law, and upon satisfactory proof thereof shall be canceled, and the lands, and moneys paid therefor, shall be forfeited to the United States. Sec. 8. That the provisions of the act to which this is an amend- ment, and the amendments thereto, shall apply to and be in force in the State of Colorado, as well as the States named in the original act; and no person shall be entitled to make entry of desert land except he be a resident citizen of the State or Territory in which the land sought to be entered is located. 28 STAT. 372, p. 422, AUGUST 18, 1894. CAREY ACT. AN ACT Making appropriations for sundry civil expenses of the Government for the fiscal year ending June 30, 1895. Be it enacted, etc. That the following sums be, and the same are hereby, appropriated, for the objects hereinafter expressed, for the fiscal year ending June 30, 1895, namely: ^'1* l|» 5jc ^ *}* ^ J Sec. 4. That to aid the public-land States in the reclamation of the esert lands therein, and the settlement, cultivation, and sale thereof DESERT LANDS, PP. 946-951. 949 ill sniall tracts to actual settlers, the wSecretary of the Interior, with the ai)i)roval of the President, be, and hereby is, authorized and empowered, upon proper ajndication of the State to contract and agree, from time to time, witli each of the States in which there may be situated desert lands as defined by the act entitled *^An act to provide for the sale of desert land in certain States and Territories," approved March 3, 1877 (19 Stat. 377), and the act amendatory thereof, approved March 3, 1891 (26 Stat. 1095), binding the United States to donate, grant, and patent to the State free of cost for sur- vey or price such desert lands, not exceeding 1 ,000,000 acres in each State, as the State may cause to be irrigated, reclaimed, occupied and not less than 20 acres of each 1 60 acre tract cultivated by actual settlers, witliin 10 years next after the passage of this act, as thor- oughly as is required of citizens who may enter under the said desert land law. Before the application of any vState is allowed or any contract or agreement is executed or any segregation of any of the land from the public domain is ordered by the Secretary of the Interior, the State shall file a map of the said land proposed to be irrigated which shall exhibit a plan showing the mode of the contemplated irrigation and which plan shall be sufficient to thoroughly irrigate and reclaim said land and prepare it to raise ordinary agricultural crops and shall also show the source of the water to be used for irrigation and reclamation, and the Secretary of the Interior may make necessary regulations for the reservation of the lands applied for by the States to date from the date of the filing of the map and plan of irrigation, but such reservation shall be of no force whatever if such map and plan of irrigation shall not be approved. That any State contract- ing under this section is hereby authorized to make all necessary contracts to cause the said lands to be reclaimed, and to induce their settlement and cultivation in accordance with and subject to the provisions of this section; but the State shall not be authorized to lease any of said lands or to use or dispose of the same in any way whatever, except to secure their reclamation, cultivation and set- tlement. As fast as any State may furnish satisfactory proof according to such rules and regulations as may be prescribed by the Secretary of the Interior, that any of said lands are irrigated, reclaimed and occupied by actual settlers, patents shall be issued to the State or its assigns for said lands so reclaimed and settled: Provided, That said States shall not sell or dispose of more than 160 acres of said lands to any one person, and any surplus of money derived by any State from the sale of said lands in excess of the cost of their rec- lamation, shall be held as a trust fund for and be apphed to the reclamation of other desert lands in such State. That to enable the Secretary of the Interior to examine any of the lands that may be selected under the provisions of this section, there is hereby appro- priated out of any moneys in the Treasury not otherwise appro- priated, $1,000. 950 UNITED STATES MINING STATUTES ANNOTATED. A. DESERT LAND ACT. 1. Coal lands not subject to patent. 2. ^ilneral character of land determination. 3. State lands must be nonmineral. A. DESERT LAND ACT. 1. COAL LANDS NOT SUBJECT TO PATENT. Where lands in the segregation list provided for in this act are classified as coal the department has no authority to patent the same to the State where there has been no approval of the patent list except under the provisions of the act of March 3, 1909 (35 Stat. 844). Wyoming, In re, 38 L. D. 508, p. 512. See Martin v. Gilbert, 38 L. D. 536, p. 537. The Land Department has no authority to approve or patent to the State any known valuable deposits of coal or other minerals, and where lands sought by the State are actually coal lands, in the absence of the remedial legislation contained in the act of March 3, 1909 (35 Stat. 844), the listed tracts must be canceled, but that act saves to the claimant under the nonmineral laws who has initiated his claim in good faith the right to obtain patent to the surface, though it be shown that the land contains valuable deposits of coal. Wyoming, In re, 38 L. D. 508, p. 512. See Martin v. Gilbert, 38 L. D. 536, p. 537. 2. MINERAL CHARACTER OF LAND — DETERMINATION. The character of the lands for which patent is sought, whether mineral or otherwise, is an open question subject to investigation and adjudication up to the time of final departmental approval of the patent list which then becomes the basis of the issuance of a patent to the State. Wyoming, In re, 38 L. D. 508, p. 512. 3. STATE LANDS MUST BE NONMINERAL. This act contemplates that the lands which are subject to listing for patent and for which patent is to issue to the State must be nonmineral in character and the acquire- ment of minerals by the State is expressly inhibited. Wyoming, In re, 38 L. D. 508, p. 510. 29 STAT. 413, p. 434, JUNE 11, 1896. LIEN OF STATE FOR COST OF RECLAMATION. AN ACT Making appropriations for sundry civil expenses of the Government for the fiscal year ending June 30, 1897, and for other purposes. Be it enacted, etc., That the following sums be, and the same are hereby, appropriated, for the objects hereinafter expressed, for the fiscal year ending June 30, 1897: 5|» ^ 5jC jjC 5jC That under any law heretofore or hereafter enacted by any State, providing for the reclamation of arid lands, in pursuance and accept- ance of the terms of the grant made in section 4 of an act entitled DESERT LANDS, PP. 946-951. 951 "An act making api)ropriations for the siuulry civil expenses of the Government for the fiscal year ending June 30, 1895," approved Au- gust 18, 1894 (28 Stat. 422), a lien or liens is hereby authorized to be created by the State to which such lands are granted and by no other authority whatever, and when created shall be valid on and against the separate legal subdivisions of land reclaimed, for the actual cost and necessary expenses of reclamation and reasonable interest thereon from the date of reclamation until disposed of to actual settlers ; and when an ample supply of water is actually furnished in a substantial ditch or canal, or by artesian wells or reservoirs, to reclaim a particular tract or tracts of such lands, then patents shall issue for the same to such State without regard to settlement or cultivation: Provided, That in no event, in no contingency, and under no circumstances shall the United States be in any manner directly or indirectly liable for any amount of any such lien or liablility, in whole or in part. A. MINERAL LANDS NOT SUBJECT TO LIEN FOR RECLAMATION EXPENSES. Mineral lands not being within the purview of the grant provided in this act, the State can create no lien against the same. Wyoming, In re, 38 L. D. 508, p. 512. INDIAN LANDS. I. MINERALS— RESERVATIONS— ALLOTMENTS— CLASSIFICA- TIONS. ETC. II. COAL, OIL, AND ASPHALTUM LANDS— LEASES, page 989. 1. MINERALS— RESERVATIONS— ALLOTMENTS— CLASSIFI- CATIONS, ETC. 13 STAT. 673, OCTOBER 7, 1863. TREATY— MINING RIGHTS RESERVED. Treaty between United States and the Tabeguache Band of Utah Indians, etc. Whereas a treaty was made and concluded at the Tabeguache Agency at Conejos, Colorado Territory, October 7, 1863, etc. ******* Art. 3. * * * The right of any citizen of the United States to mine without interference or molestation in any part of the country hereby retained by said Indians, where gold or other metals or min- erals may be found, is herebjr also conferred and guaranteed. And for all other purposes, excepting as herein stipulated, settlement by other persons than Indians is hereby prohibited. 13 STAT. 681, OCTOBER 12, 1863. TREATY— MINING RIGHTS RESERVED. Treaty between United States and the Shoshonee-Goship Bands of Indians. Whereas a treaty was made and concluded at TuiUa Valley, in the Territory of Utah, on October 12, 1863, etc. * * * Art. 4. It is further agreed by the parties hereto that the country of the Goship tribe may be explored and prospected for gold and silver, or other minerals and metals; and when mines are discov- ered they may be worked, and mining and agricultural settlements formed, and ranchos established wherever they may be required. Mills may be erected and timber taken for their use, as also for build- ing and other purposes, in any part of said country. 14 STAT. 799, JULY 19, 1866. TREATY. Treaty between the United States of America and the Cherokee Nation of Indians; concluded July 19, 1866. Whereas a treaty was made and concluded at the city of Wash- ington, in the District of Columbia, on the 19th day of July, in the year of our Lord 1866, by and between Dennis N. Cooley and Elijah 952 INDIAN T,ANnS, TP. !)r)2-10:n. 953 Sells, Commissioners, on tJie ])ai (. of tlie United States, and (eertain persons named) delegates of the Cherokee Nation, aj)pointe(l l)y resolution of tlie national council, on the part of said Cherokee Na- tion. * * * Art. 17. * * * And the Secretary of tlie Interior shall from time to time, as such surveys and a]:)praisements are approved by him, after due advertisements for sealed bids, sell such lands to the highest bidders for cash in parcels not exceeding 160 acres, and at not less than the appraised value: Provided, Tliat whenever there are improvements of the value of $50 made on the lands not being mineral, and owned and personally occupied by any person for agri- cultural purposes at the date of the signing thereof, such person so owning, and in person residing on such improvements, shall, after due proof, made under such regulations as the Secretary of the Interior may prescribe, be entitled to buy, at the appraised value, the smallest quantity of land in legal subdivisions which will include his improvements, not exceeding in the aggregate 160 acres; the expenses of survey and appraisement to be paid by the Secretary out of the proceeds of sale of said land: Hi ***** * Art. 26. The United States guarantee to the people of the Cher- okee Nation the quiet and peaceable possession of tlieir country and protection against domestic feuds and insurrections and against hos- tilities of otlier tribes. They shall also be protected against inter- ruptions or intrusion from all unauthorized citizens of the United States who may attempt to settle on their lands or reside in thek territory. In case of hostilities among the Indian tribes, the United States agree that the party or parties commencing the same shall, so far as practicable, make reparation for the damages done. A. INDIANS— CHEROKEE S. 1. RIGHT TO BUY COMPLETE TRANSFER. See 22 Stat., 349. Where the right of the actual owner and occupier at the date of the ratification of the treaty to buy the land is complete he may transfer to another such right and neither the right to buy nor the power to assign this right is limited or affected by reason of a coal deposit underlying a portion of the land where the land was used for agricultural purposes and was not known or recognized as mineral land as the term mineral land was used in the treaty with reference to other lands containing lead and zinc and perhaps other mineral deposits which were known to exist. Stroud V. Missouri River, etc., K. Co., 23 Fed. Cas. 257, p. 260. 15 STAT. 619, MARCH 2, 1868. TREATY. Treaty between the United States of America and the Tabeguache, Muache, Capote, Weeminuche, Yampa, Grand River, and Uintah Bands of Ute Indians; concluded March 2, 1868. Whereas a treaty was made and concluded at the city of Wash- ington, in the District of Columbia, on the 2d day of March, in the year of our Lord 1868, by and between (certain persons for the United States and certain Indians here named) * * * 56974°— Bull. 94, pt 2— 15 9 954 UNITED STATES MINING STATUTES ANNOTATED. Art. 2. The United States agree that the following district of country, to wit, (here described) and the United States now sol- emnly agree that no persons, except those herein authorized so to do, and except such officers, agents, and employees of the Govern- ment as may be authorized to enter upon Indian reservations in discharge of duties enjoined by law shall ever be permitted to pass over, settle upon, or reside in the territory described in this ai'ticle except as herein otherwise provided. A. INDIAN LANDS. 1. Effect to exclude mining prospectors. 2. Mining locations after withdrawal — ^Priority. 1. effect to exclude mining prospectors. The effect of this treaty was to exclude all intrusion for mining or other pursuits upon the territory reserved and it prohibited any entry for mining purposes upon the premises and not until the withdrawal of the land from this reservation by a new convention with the Indians, and one which would throw the lands open, could a mining location thereon be initiated and a location made while the treaty was in force was inoperative to confer any rights upon the locator. Kendall v. San Juan Min. Co., 144 U. S. 658, p. 663. Jones V. Wild Goose Min., etc., Co., 177 Fed. 95, p. 98. On the withdrawal of this reservation by force of the act of April 29, 1874 (18 Stat. 36), the discovery of minerals by the locator of a mining claim must within three months thereafter under the statute of Colorado, February 13, 1874, record a certificate of his location as required by the Colorado statute in order to protect and preserve his rights in the claim, and a wrongful entry of the locator upon the premises during the existence of the Indian reservation is not effective as against a claimant who entered upon the premises immediately after withdrawal of the reservation and made a proper location certificate and caused the same to be recorded in compliance with the Colorado statute. Kendall v. San Juan Min. Co., 144 U. S. 658, p. 665. 2. MINING LOCATIONS AFTER WITHDRAWAL— PRIORITY. The location of a mining claim on an Indian reservation must date from the time of the withdrawal of the reservation, and a claim located after the date of such with- drawal will be prior and superior to a claim located previous to such time and not relocated until after such second location. Kendall v. San Juan Min. Co., 144 U. S. 658, p. 663. See Jones v. Wild Goose Min., etc., Co., 177 Fed. 95. A mining location made while this treaty was in force was inoperative to confer any rights upon a locator; and a new location of the same claim made more than two years after the withdrawal of the reservation by the act of April 29, 1874 (18 Stat. 36), must yield to a prior withdrawal of such reservation. Kendall v. San Juan Min. Co., 144 U. S. 658, p. 663. See Noonan v. Caledonia Min. Co., 121 U. S. 393. 15 STAT. 635, APRIL 29, 1868. BLACK HILLS— SIOUX TREATY. Treaty between the United States of America and different tribes of Sioux Indians; concluded April 29, 1868. Whereas a treaty was made and concluded at Fort Laramie in the Territory of Dakota (now in the Territory of Wyoming), on INDIAN LANDS, PP. 952-1037. 955 April 29, and afterwards, in 1868, by and botwoon (certain named persons) commissioners, on the part of the United States, and (certain named Indians) and other chiefs and hejuhnen of diircr(Hit tribes of Sioux Indians, on the part of said Indians and duly author- ized thereto by them, which treaty is in the words and figures follow- ing, to wit: Art. 2. The United States agrees that the following district of country, to wit, viz: Commencing on the east bank of the Missouri River where the forty-sixth parallel of north latitude crosses the same, thence along low-water mark down said east bank to a point opposite where the northern line of Nebraska stril^es the river, thence west across said river, and along the northern line of Nebraska to the one hundred and fourth degree of longitude west from Green- wich, thence north on said meridian to a point where the forty-sixth parallel of north latitude intercepts the same, thence due east along said parallel to the place of beginning; and in addition thereto, all existmg reservations on the east bank of said river shall be, and the same is set apart for the absolute and undisturbed use and occupa- tion of the Indians herein named, and for such other friendly tribes or individual Indians as from time to time they may be willing, with the consent of the United States, to admit amongst them; and the United States now solemnly agrees that no persons except those herein designated and authorized so to do, and except such officers, agents, and employees of the Government as may be authorized to enter upon Indian reservations in discharge of duties enjoined bylaw, shall ever be permitted to pass over, settle upon, or reside in the ter- ritor}^ described in this article, or in such territory as may be added to this reservation for the use of said Indians, and henceforth they will and do hereby relinquish all claims or right in and to any por- tion of the United States or Territories, except such as is embraced within the limits aforesaid, and except as hereinafter provided. Note. — This description includes the Black Hills. 18 STAT. 36, APRIL 29, 1874. UTE NATION. AN ACT To ratify an agreement with certain Ute Indians in Colorado, and to make an appropriation for carrying out the same. Be it enacted, etc., That a certain agreement made by Felix R. Brunot, commissioner on the part of the United States, with certain Ute Indians in Colorado, be, and the same is hereby, ratified and confirmed. * * * Article 1. The confederated band of the Ute Nation hereby relinquish to the United States all right, title, and claim and interest in and to the following-described portion of the reservation hereto- fore conveyed to them by the United States, viz: [Here describ- ing]. * * * Art. 5. All the provisions of the treaty of 1868 not altered by this agreement shall continue in force; and the following words, from article 2 of said treaty, viz: ''The United States now solemnly agrees that no persons except those herein authorized to do so, and except such officers, agents, and employees of the Government as 956 UNITED STATES MINING STATUTES ANNOTATED. may be authorized to enter upon Indian reservations in discharge of duties enjoined by law, shall ever be permitted to pass over, settle upon, or reside in the territory described in this article, except as herein otherwise provided," are hereby expressly reaffirmed, except so far as they applied to the country herein relinquished. A. INDIAN LANDS— WITHDRAWAL. The effect of this treaty was to withdraw all the land embraced within the reserva- tion from private entry and did not authorize a person to enter thereon and discover and locate a mining claim, but the Government was obliged to prevent its citizens from entering upon this reservation for any such purpose. Kendall v. San Juan Silver Min. Co., 9 Colo. 349, p. 357. A valid mining location can not be made upon a portion of the public domain with- drawn from entry for all purposes under an Indian treaty. Kendall v. San Juan Silver Min. Co., 9 Colo. 349, p. 355. 19 STAT. 176, P. 192. AUGUST 15. 1876. BLACK HILLS WITHDRAWAL. AN ACT Making appropriations for the current and contingent expenses of the Indian Department, and for fulfilling treaty stipulations with various Indian tribes, for the year ending June 30, 1877. Be it enacted, etc., That the following sums be, and they are hereby, appropriated, out of any money in the Treasury not other- wise appropriated, for the purpose of paying the current and contin- gent expenses of the Indian Department, and fulfilling treaty stipu- lations with the various Indian tribes, * * * Provided, That none of said sums appropriated for said Sioux Indians shall be paid to any band thereof while said band is engaged in hostilities against the white people; and hereafter there shall be no appropriation made for the subsistence of said Indians, unless they shall first agree to relinquish all right and claim to any country outside the bound- aries of the permanent reservation established by the treaty of 1868 for said Indians; and also so much of their said permanent reservation as lies west of the one hundred and third meridian of longitude (Black Hills), and shall also grant right of way over said reservation to the country thus ceded for wagon or other roads, from convenient and accessible points on the Missouri River, in all not more than three in number; and unless they will receive all such supplies herein provided for, and provided for by said treaty of 1868, at such points and places on their said reservation, and in the vicinity of the Missouri River, as the President may designate; and the fur- ther sum of $20,000 is hereby appropriated to be expended under the direction of the President of the United States for the purpose of carrying into effect the foregoing provision: And provided also, That no further appropriation for said Sioux Indians for subsistence shall hereafter be made until some stipulation, agreement, or arrangement shall have been entered into by said Indians with the President of the United States, which is calculated and designed to enable said Indians to become self-supporting: * * * INDIAN LANDS, PP. 952-1037. 957 A. INDIAN LANDS. 1. Withdrawal of Black Hills. a. Protection to mineral claimants. b. Rights of mineral claimants — Compliance with laws. 1. withdrawal of black hills. a. PROTECTION TO MINERAL CLAIMANTS. After an unsuccessful attempt to secure to the citizens of the United States the right to mine in the coimtiy known as the Black Hills, this act provided that thereafter there should be no appropriation made for the subsistence of the Sioux Indians unless they should first agree to relinquish all right and claim to all that part of their perma- nent reservation lying west of the one hundred and third meridian of longitude, and under a supplemental agreement concluded February 28, 1877 (19 Stat. 254), these Indians ceded and relinquished that portion of their reservation to the United States. Noonan v. Caledonia Min. Co., 121 U. S. 393, p. 402. The presence of miners on the Indian reservation known as the Black Hills prior to the adoption of this act and prior to the relinquishment and cession of the reserva- vation by the Indians to the United States February 28, 1877 (19 Stat. 254), was illegal; but from that time it was legal and persons in possession of mining claims taken up and developed in accordance with the rules of miners in mining districts were entitled to protection of their possessory claims as against intruders. Noonan v. Caledonia Min. Co., 121 U. S. 393, p. 402. b. RIGHTS OP MINERAL CLAIMANTS — COMPLIANCE WITH LAWS. The effect of the withdrawal of the Black Hills district from the Indian reservation and the consequent end of the prohibition against intrusion thereon was to leave per- sons in possession of mining claims exempt from liability to be disturbed from their unlawful entry on the land, and free to take measures under the mining laws for the protection of their claims. Noonan v. Caledonia Min. Co., 121 U. S. 393, p. 402. A person in possession of a mining claim, on the withdrawal of a reservation under an Indian treaty, who has the requisite discovery, with surface boundaries marked, and notice of location posted, can, by adopting what has been done and causing a proper record to be made, and performing the assessment work, hold the claim and date his rights from the day of such withdrawal. Noonan v. Caledonia Min. Co., 121 U. S. 393, p. 403. See Kendall v. San Juan Min. Co., 144 U. S. 658, p. 664. Jones V. Wild Goose Min., etc., Co., 177 Fed. 95, p. 98. All persons who made locations upon the Indian reservation prior to its cession could give evidence of what had been done by them, and show the locations of their claims, the extent and the amount of work done in development, not as creating an absolute right to the property, but as showing the existence and condition of the prop- erty when their possession became lawful under the new treaty with the Indians; and whether such persons should be protected in the possession of such claims depended upon their future compliance with the laws, statutory and mining, governing the possession and use of mineral lands in Dakota. Noonan v. Caledonia Min. Co., 121 U. S. 393, p. 403. 958 UNITED STATES MINING STATUTES ANNOTATED. 39 STAT. 704, Chap. 269, AUGUST 22, 1914 (PUBLIC— NO. 182— 63D CONGRESS). QUINAIELT RESERVATION— MINERALS RESERVED IN LIGHTHOUSE GRANT. AN ACT To authorize the withdrawal of lands on the Quinaielt Reservation, in the State of Washington, for lighthouse purposes. Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, authorized to set aside not exceeding 206.75 acres of land at or near Cape Ehzabeth, on the Quinaielt Indian Reservation, in the State of Washington, for lighthouse purposes * * *^ Sec. 2. That there is hereby reserved for the use and benefit of the Indians of the Quinaielt Reservation in common aU oil, gas, coal, and other minerals in the lands set aside hereunder for lighthouse purposes, and the right to prospect for and mine these commodities under such rules and regulations as may be agreed upon by the Secre- tary of the Interior and the Secretary of Commerce. 19 STAT. 254, FEBRUARY 28, 1877. SIOUX NATION— BLACK HILLS. AN ACT To ratify an agreement with certain bands of the Sioux Nation of Indians and also with the Northern Arapaho and Cheyenne Indians. Be it enacted, etc.. That a certain agreement made by * * * commissioners on the part of the United States, with the different bands of the Sioux Nation of Indians, and also the Northern Arapaho and Cheyenne Indians, be, and the same is hereby, ratified and con- firmed. * * * Article 1. The said parties hereby agree that the northern and western boundaries of the reservation defined by article 2 of the treaty between the United States and different tribes of Sioux Indians, concluded April 29, 1868, and proclaimed February 24, 1869, shall be as follows : The western boundaries shall commence at the intersection of the one hundred and third meridian of longitude with the northern boundary of the State of Nebraska; thence north along said meridian to its intersection with the South Fork of the Cheyenne River; thence down said stream to its junction with the North Fork; thence up the North Fork of said Cheyenne River to the said one hundred and third meridian; thence north along said meridian to the South Branch of Cannon Ball River or Cedar Creek; and the northern boundary of their said reservation shall follow the said South Branch to its intersection with the main Cannon Ball River, and thence down the said main Cannon Ball River to the Missouri River; and the said Indians do hereby relinquish and cede to the United States all the territory lying outside the said reservation, as herein modified and described, including all privileges of hunting; and article 16 of said treaty is hereby abrogated. Note. — The part of the reservation relinquished and ceded to the United States includes the Black Hills. INDIAN LANDS, PP. 952-1037. 959 21 STAT. 199, JUNE 15, 1880. UTE TKIBE— COLORADO LANDS. AN ACT Ratifying tho agreement with the Ute Indians in Colorado for the sale of their reservation therein. Whereas certain of the chiefs and head men of the confederated bands of the Ute tribe of Indians, now present in the city of Wash- ington, have agreed upon and submitted to the Secretary of the In- terior an agreement for the sale to the United States of their present reservation in the State of Colorado, their settlement upon lands in severalty, and for other purposes; and Whereas the President of the United States has submitted said agreement, with his approval of the same, to the Congress of the United States for acceptance and ratification, and for the necessary legislation to carry the same into effect: Therefore Be it enacted, etc. * * * Sec. 3. That the Secretary of the Interior be, and he is hereby, authorized to cause to be surveyed, under the direction of said com- missioners, a sufficient quantity of land in the vicinities named in said agreement, to secure the settlement in severalty of said Indians as therein provided. And upon the completion of said survey and enumeration herein required, the said commissioners shall cause allotments of lands to be made to each and all of the said Indians, in quantity and character as set forth in the agreement above men- tioned, and whenever the report and proceedings of said commis- sioners, as required by this act, are approved by the President of the United States, he shall cause patents to issue to each and every al- lottee for the lands so allotted, with the same conditions, restrictions, and limitations mentioned therein as are provided in said agreement; and all the lands not so allotted, the title to which is, by the said agreement of the confederated bands of the Ute Indians, and this acceptance by the United States, released- and conveyed to the United States, shall be held and deemed to be public lands of the United States and subject to disposal under the laws providing for the disposal of the public lands, at the same price and on the same terms as other lands of like character, except as provided in this act, Provided, That none of said lands, whether mineral or otherwise, shall be liable to entry and settlement under the provisions of the homestead law; but shall be subject to cash entry only in accordance with existing law; and when sold the proceeds of said sale shall be first sacredly applied to reimbursing the United States for all sums paid out or set apart under this act by the Government for the bene- fit of said Indians, and then to be applied in payment for the lands at $1.25 per acre which may be ceded to them by the United States outside of their reservation, in pursuance of this agreement. And the remainder, if any, shall be deposited in the Treasury as now pro- vided by law for the benefit of the said Indians, in the proportion as hereinbefore stated, and the interest thereon shall be distributed annually to them in the same manner as the funds provided for in this act: Provided further. That the subdivisions upon which are located improvements to be appraised as provided for in section 2 of this act, shall be offered to the highest bidder at public sale, after 960 UNITED STATES MINING STATUTES ANNOTATED. published notice of at least 30 days by the Secretary of the Interior, and the same shall be absolutely reserved from occupation or claim imtil so sold. 25 STAT. 35, FEBRUARY 18, 1888. RAILROAD THROUGH INDIAN TERRITORY. AN ACT To authorize the Choctaw Coal & Railway Company to construct and operate a railway through the Indian Territory. Be it enacted, etc., That the Choctaw Coal & Railway Co., a cor- poration created under and by virtue of the laws of the State of Minnesota, be, and the same is hereby, invested and empowered with the right of locating, constructing, owning, equipping, operating, using, and maintaining a railway and telegraph and telephone line through the Indian Territory, beginning at a point on Red River (the southern boundary line), at the bluff known as Rocky Cliff in the Indian Territory, and running thence by the most feasible and practical route through the said Indian Territory to a point on the east boundary line, immediately contiguous to the west boundary line of Polk or Sevier Counties in the State of Arkansas; also, a branch line of railway to be constructed from the most suitable point on said main line for obtaining a feasible and practicable route in a northwesterly direction to the leased coal veins of the said Choctaw Coal & Railway Co. in Tobucksey County, Choctaw Nation; with the right to construct, use, and maintain such tracks, turnouts, branches, and sidings and extensions as said company may deem it in their interest to construct along and upon the right of way and depot grounds herein provided for. * * * 25 STAT. 668, FEBRUARY 13, 1889. Amendment. AN ACT To amend an act entitled "An act to authorize the Choctaw Coal & Railway Company to construct and operate a railway through the Indian Territory, and for other purposes, " approved February 18, 1888. Be it enacted, etc., That section 1 of the act entitled ^^An act to authorize the Choctaw Coal & Railway Co. to construct a railway through the Indian Territory, and for other purposes,'^ approved February 18, 1888, be, and hereby is, amended to read as follows: Section 1. That the Choctaw Coal & Railway Co., a corporation created under and by virtue of the laws of the State of Minnesota, be, and the same is hereby, invested and empowered with the right of locating, constructing, owning, equipping, operating, using, and maintaining a railway and telegraph and telephone line through the Indian Territory, beginning at a point on Red River (the southern boundary line), at the bluff known as Rocky Cliff in the Indian Territory, and running thence by the most feasible and practicable route through the said Indian Territory to a point on the east bound- ary line, immediately contiguous to the west boundary line of the State of Arkansas; also, a branch line of railway to be constructed from the most suitable point on said main line for obtaining a feasible and practicable route in a westerly or northwesterly direction to the leased coal veins of said Choctaw Coal & Railway Co., in Tobucksey INDIAN LANDS, PP. 952-103^. 961 County, Choctaw Nation, and thence by the most feasil)le and practi- cable route to an intersection with the Atchison, T()])oka & Santa Fe Railway at the most convenient pohit between Halifax station and Ear Creek, otherwise known as the North Fork of the Canadian River; with the right to construct, use, and maintain such tracks, turnouts, branches, and sidings and extensions as said company may deem it hi their interest to construct along and upon the right of way and depot groimds herein provided for. " 25 STAT. 113, p. 133, MAY 1, 1888. MONTANA INDIANS. AN ACT Ratifying an agreement with five Indian tribes in Montana. Sec. 3. That lands to which the right of the Indians is extinguished under the foregoing agreement are a part of the public domain of the United States and are open to the operation of the laws regulat- ing homestead entry, except section 2301 of the Revised Statutes, and to entry under the town-site laws and the laws governing the disposal of coal lands, desert lands, and mineral lands; bpt are not open to entry under any other laws regulating the sale or disposal of the public domain. A. INDIAN LANDS. 1. Mode of disposal. 2. Railroad — Indemnity selections. 3. Location — Soldiers' additional rights. 1. mode of disposal. The modes of disposal specifically indicated are exclusive of any other manner of disposal and while the appropriation made by this act does not place the lands beyond the power of Congress so long as the laws remain unaltered, yet it controls the action of the Secretary of the Interior, under whose direction the selections must be made. Bradley v. Northern Pac. R. Co., 36 L. D. 7, p. 8. See Bradley v. Northern Pac. R. Co., 37 L. D. 410. Congress specifically provides by this act under what law the lands should be dis- posed of and prohibits their disposal under any other, and these modes are necessarily exclusive of any other mode of appropriation, and the subsequent act of 1897 does not take away this inhibition or operate upon lands for the disposition of which specific provision had been made. Bradley v. Northern Pac. R. Co., 36 L. D. 7, p. 8. White, In re, 30 L. D. 536. See Bradley v. Northern Pac. R. Co., 37 L. D. 410. 2. RAILROAD INDEMNITY SELECTIONS. The railroad company is not entitled under section 3 of this act to select, as indem- nity lands, lands which are open to entry under the town-site laws and the laws gov- erning the disposal of coal or mineral lands. Bradley v. Northern Pac. R. Co., 36 L. D. 7. Bradley v. Northern Pac. R. Co., 37 L. D. 410. 962 UNITED STATES MINING STATUTES ANNOTATED. This act did not operate to reserve the lands restored by it to the public domain from selection by the railroad company. Northern Pac. R. Co., In re, 37 L. D. 408, p. 409. See Bradley v. Northern Pac. R. Co., 36 L. D. 7. 3. LOCATION soldiers' ADDITIONAL RIGHTS. Lands in the former Indian reservations mentioned in this act are subject to appro- priation under 2306 R. S. by location of soldiers' additional right. Gunn, In re, 39 L. D. 561. See Collins, In re, 39 L. D. 603. 36 STAT. 1080. MARCH 3, 1911. MONTANA INDIANS— AMENDMENT. AN ACT To amend section 3 of the act of Congress of May 1, 1888, and extend the provisions of section 2301 R. S. of the United States to certain lands in the State of Montana embraced within the provisions of said act, etc. Be it enacted, etc., That section 3 of the act of May 1, 1888 (25 Stat. 113), ratifying and confirming an agreement with the various tribes or bands of Indians residing upon the Gros Ventre, Piegan, Blood, Blackfoot, and River Crow Reservations, in Montana Terri- tory, be, and the same is hereby, amended so as to read as follows: '^Sec. 3. That lands to which the right of the Indians is extin- guished under the foregoing agreement are a part of the public do- main of the United States and are open to the operation of laws regu- lating the entry, sale, or disposal of the same: Provided, That no patent shall be denied to entries heretofore made in good faith under any of the laws regulating entry, sale, or disposal of public lands, if said entries are in other respects regular and the laws relating thereto have been complied with." A. AMENDMENT— EFFECT ON SOLDIERS' ADDITIONAL RIGHTS. This amendment of section 3 of the act of May 1, 1888 (25 Stat. 133), removes any possible objection made under the former act to the location of soldiers' additional rights as such upon lands within such former Indian reservation, and any withdrawal or reservation made since extinguishment of the title of the Indians remains undis- turbed by this act. Gunn, In re, 39 L. D. 561, p. 564. 25 STAT. 157, MAY 24, 1888. LANDS RESTORED TO PUBLIC DOMAIN— UINTAH VALLEY. AN ACT To restore to the public domain a part of the Uintah Valley Indian Reser- vation, in the Territory of Utah, and for other purposes. Beit enacted, etc., That so much of the Uintah Valley Indian Reser- vation, in the Territory of Utah, established by proclamation of the President, of date of October 3, 1861, as lies within the following boundary, namely: Beginning at milepost No. 19, Du Bois's survey, from the initial point, established in township 8 south, range 20 east, Salt Lake meridian; thence southerly to the northeast corner of township 2 south, range 1 east, Uintah special meridian; thence south along the east boundary of township 2 south, range 1 east, INDIAN LANDS, PP. 952-1037. 963 Uintah special ineridiaii, to the southeast corner of township 2 south, range 1 east, Uintah special meridian; thence east along the north boundary of township 'A south, range 2 east, Uintah special meridian, to its hitersection with tlu^ east boundary of the Uintah Indian Reser- vation, thence in a nortliwest direction with the eastern boundary line of said reservation to the beginning, be, and the same is hereby, declared to be public lands of the United States and restored to the public domain. Sec. 2. That said lands shall be disposed of at public or private sale, in the discretion of the Secretary of the Interior, and upon his order in quantities not exceeding one-quarter of a section to any one purchaser, the nonmineral lands for not less than $1.25 per acre, and not otherwise than for cash: Provided, That any location, entry, or entries, mineral or nonmineral, heretofore made or attempted to be made on said lands, or any part thereof, by any qualified person, shall bear date and be allowed the same as if said lands had been public lands at the time of said attempted location or institution of said pro- ceedings, but said mineral entries shaU not be completed except upon the payment of $20 an acre, or at that rate for the amount taken up by the claim: And provided further, That all moneys arismg from the sales of this land shall belong to said Indians and be paid into the Treasury of the United States and held or added to any trust funds of said tribes now there. 25 STAT. 980, p. 1002, MARCH 2, 1889. CCEUR D'ALENE TRIBE— MINERALS. AN ACT Making appropriations for the current and contingent expenses of the Indian Department for the year ending June 30, 1890. Be it enacted, etc., * * * Sec. 4. That the Secretary of the Interior be, and he is hereby, authorized and directed to negotiate with the Coeu^ d'Alene Tribe of Indians for the purchase and release by the said tribe of such por- tions of its reservation, not agricultural and valuable chiefly for min- erals and timber, as such tribe shaU consent to seU, on such terms and conditions as shaU be considered just and equitable between the United States and said tribe of Indians, which purchase shaU not be complete until ratified by Congress; and for the purpose of such nego- tiation, the sum of $2,000, or so much thereof as may be necessary, is hereby appropriated out of any money in the Treasury not other- wise appropriated; the action of the Secretary of the Interior here- under to be reported to Congress at the earliest practicable time. 5jC 5}C ^ 5|j 5^ ^ Sec. 13. That the lands acquired by the United States under said agreement shall be a part of the public domain, to be disposed of only as herein provided, and sections 16 and 36 of each township, whether surveyed or unsurveyed, are hereby reserved for the use and benefit of the public schools, to be established within the limits of said lands under such conditions and regulations as may be hereafter enacted by Congress. That the lands acquired by conveyance from the Seminole Indians hereunder, except the sixteenth and thirty-sixth sections shall be disposed of to actual settlers under the homestead laws only, except 964 UNITED STATES MINING STATUTES ANNOTATED. as herein otherwise provided (except that section 2301, E,. S., shall not apply): And provided further, That any person who, having at- tempted to, but for any cause, failed to secure a title in fee to a home- stead under existing law, or who made entry under what is known as the commuted provision of the homestead law, shaU be qualified to make a homestead entry upon said lands. * * * A. INDIAN LANDS. 1. RELEASE BY CCEUR d'aLENE TRIBE. Section 13 of this act is not in conflict with the provisions of the act of March 3, 1893 (27 Stat. 612, p. 642), and is extended by the latter act, and provides that the lands therein mentioned shall be a part of the public domain, to be disposed of only as herein provided, and no provision has been made in any other acts referred to in the act of March 3, 1893, for the disposition of such lands under the mining law. Shirley, In re, 35 L. D. 113, p. 114. 25 STAT. 1013, p. 1015, MARCH 2, 1889. PEORIAS AND MIAMIES. AN ACT To provide for allotment of land to United (Peorias and Miamies in Indian Territory. Be it enacted, etc., * * * Sec. 2. That in making allotments under this act no more in the aggregate than 17,083 acres of said reservation shaU be allotted to the Miami Indians, nor more than 33,218 acres in the aggregate to the United Peoria Indians; and said amounts shall be treated in making said allotments in all respects as the extent of the reservation of each of said tribes, respectively. If, in making said allotments, any dif- ference shall arise between said tribes, all such matters of difference shall be determined by the Secretary of the Interior. After the allotments herein provided for shall have been completed, the residue of the lands, if any, not allotted, shall be held in common under present title by said United Peorias and Miamies in the pro- portion that the residue, if any, of each of said allotments shall bear to the other. And said United Peorias and Miamies shall have power, subject to the approval of the Secretary of the Interior, to lease for grazing, agricultural, or mining purposes from time to time and for any period not exceeding 10 years at any one time, all of said residue, or any part thereof, the proceeds or rental to be divided between said tribes in proportion to their respective interests in said residue. And after said allotments are completed each allottee may lease or rent his or her individual allotment for any period not exceeding three years, the father acting for his minor children, and in case of no father then the mother, the chief acting for orphans of the tribe to which said orphans may belong. 26 STAT. 81, p. 95, 1 SUPP. R. S. 720, p. 734, MAY 2. 1890. OKLAHOMA GOVERNMENT. AN ACT To provide a temporary government for the Territory of Oklahoma, to enlarge the jurisdiction of the United States court in the Indian Territory. -X- ***** * Sec. 31. * * * That no attachment shall issue against im- provements on real estate while the title to the land is vested in any INDIAN LANDS, PP. a52-103'7. 965 Indian nation, except where sucli iinprovemeiits have been made ])y persons, companies, or corporations operating coal or other mines, railroads, or other inchistries imder lease or permission of law of an Indian national council, or charter, or law of the United vStates. A. INDIAN LANDS. 1. ATTACHMENT OF IMPROVEMENTS PROHIBITED. The proliibition contained in tliis act against attacliing iniprovementa on Indian lands except such as are stated therein places such improvements beyond the reach of judicial process except such process as is issued on judgments obtained in the Indian courts. Daugherty v. Bogy, 104 Fed. 938, p. 943. 26 STAT. 712, JANUARY 12, 1891. MINERAL LANDS EXCEPTED. AN ACT For the relief of the Mission Indians in the State of California. Be it enacted, etc., That immediately after the passage of this act the Secretary of the Interior shall appoint three disinterested persons as commissioners to arrange a just and satisfactory settle- ment of the Mission Indians residing in the State of California, upon reserT'ations which shaU be secured to them as hereinafter provided. Sec. 2. That it shall be the duty of said commissioners to select a reservation for each band or village of the Mission Indians residing within said State, which reservation shall include, as far as prac- ticable, the lands and villages which have been in the actual occu- pation and possession of said Indians, and which shall be sufficient in extent to meet their just requirements, which selection shall be valid when approved by the President and Secretary of the Interior. * * * Sec 3. That the commissioners, upon the completion of their duties, shall report the result to the Secretary of the Interior, who, if no valid objection exists, shall cause a patent to issue for each of the reservations selected by the commission and approved by him in favor of each band or village of Indians occupying any such reservation, which patents shall be of the legal effect, and declare that the United States does and will hold the land thus patented, subject to the provisions of section 4 of this act, for the period of 25 years, in trust, for the sole use and benfit of the band or village, to which it is issued, and that at the expiration of said period the United States will convey the same or the remaining portion not previously patented in severalty by patent to said band or village discharged of said trust, and free of all charge or incumbrance whatsoever: Provided, That no patent shall embrace any tract or tracts to which existing valid rights have attached in favor of any person under any of the United States laws providing for the dispo- sition of the public domain, unless such person shall acquiesce in and accept the appraisal provided for in the preceding section in all respects and shall thereafter, upon demand and payment of said appraised value, execute a release of all title and claim thereto; and a separate patent, in similar form, may be issued for any such tract or tracts, at any time thereafter. Any such person shall be 966 UNITED STATES MINING STATUTES ANNOTATED. permitted to exercise the same right to take land under the public- land laws of the United States as though he had not made settlement on the lands embraced in said reservation; and a separate patent, in similar form, may be issued for any tract or tracts at any time after the appraised value of the improvements thereon shall have been paid : And provided further, That in case any land shall be selected under this act to which any railroad company is or shall hereafter be entitled to receive a patent, such railroad company shall, upon releasing all claim and title thereto, and on the approval of the Presi- dent and Secretary of the Interior, be allowed to select an equal quantity of other land of like value in lieu thereof, at such place as the Secretary of the Interior shall determine : * * * Sec. 8. That previous to the issuance of a patent for any reserva- tion as provided in section 3 of this act the Secretary of the Interior may authorize any citizen of the United States, firm, or corporation to construct a flume, ditch, canal, pipe, or other apphances for the conveyance of water over, across, or through such reservation for agricultural, manufacturing, or other purposes, upon condition that the Indians owning or occupying such reservation or reservations shall, at aU times during such ownership or occupation, be supphed with sufhcient quantity of water for irrigating and domestic purposes upon such terms as shaU be prescribed in writing by the Secretary of the Interior, and upon such other terms as he may prescribe, and may grant a right of way for rail or other roads through such reser- vation: Provided, That any individual, firm, or corporation desiring such privilege shall first give bond to the United States, in such sum as may be required by the Secretary of the Interior, with good and sufficient sureties, for the performance of such conditions and stipu- lations as said Secretary may require as a condition precedent to the granting of such authority: And provided further. That this act shall not authorize the Secretary of the Interior to grant a right of way to any railroad company through any reservation for a longer distance than 10 miles. And any patent issued for any reservation upon which such privilege has been granted, or for any allotment therein, shall be subject to such privilege, right of way, or ease- ment. * * * A. SELECTION BY COMMISSIONERS— MINERAL LANDS EXCLUDED. Under the regulations made pursuant to tliis statute the commissioners can not select lands that have been returned as mineral in character and within 6 miles of mineral lands, and the regulations in this respect made for the protection of miners can not be disregarded. Southern Pac. R. Co., In re, 25 L. D. 368, p. 370. The railroad company under its grant is not entitled to receive a patent for tracts selected by the commissioners under this act where such tracts were at the time of the Government survey actually returned as mineral lands. Southern Pac. R. Co., In re, 25 L. D. 368, p. 369. 27 STAT. 62, JULY 1, 1892. COLVILLE RESERVATION. AN ACT To provide for the opening of a part of the Colville Reservation, in the State of Washington, and for other purposes. Be it enacted, etc.. That subject to the reservations and allotment of lands in severalty to the individual members of the Indians of INDIAN LANDS, PP. 952-1037. 967 the Colvillo Rosorvatioii in the State of Washington herein provided for, all the following ck^serihed tract or portion of said (^olvilie Reser- vation, namely: (Here follows descri])tion of land) * * * be, and is hereby, vacated and restored to the pubhc domain, notwith- standing any Executive order or other proceeding whereby the same was set apart as a reservation for any Indians or bands of Indians, and the same shall be open to settlement and entry by the proclamation of the President of the United States and shall be disposed of under the general laws applicable to the disposition of public lands in the State of Washington. A. INDIAN LANDS— COL VILLE RESERVATION. 1. Effect of act opening Colville Reservation. 2. Preemption entry — Application to preference rights. 3. Selection by Indians — Mineral lands exempted. 4. Mining claims — Right to locate on reservation. 5. Colville Reservation not subject to mineral laws. 6. Opening of Colville reservation — Proclamation neces- sary. 1. effect of act opening colville reservation. The fact that Congress by special act extended the mineral land laws so as to apply to this part of the Colville Reservation restored to the public domain by this act is not of sufficient argumentative force to deny this effect to this act where it appeared that the executive branch of the Government had denied the right of prospectors and miners and railroad builders to enter upon this part of the vacated reservation, but rather the subsequent act shows a continuity of purpose to remove the barriers in the way of mining operations and the construction of highways. McFadden v. Mountain View Min., etc., Co., 87 Fed. 154, p. 156. This act by mandatory words annuls the Executive order creating the former reser- vation and restores the part described to the public domain subject only to the right of the Indians to make selections of lands to be alloted to them, but does not permit the selection of lands for such purpose which are valuable for minerals, as it is the intention of the act to award to each Indian agricultural land, and accordingly pros- pectors and miners are not required to wait for the proclamation to open the tract for exploration for minerals. Collins V. Bubb, 73 Fed. 735, p. 739. 2. PREEMPTION ENTRY APPLICATION TO PREFERENCE RIGHTS. ' 'Preemption entry, " when used in a statute relating to public lands, is to be under- stood in a restricted sense rather than comprehensively as being applicable to all cases in which a particular person may have a right to be preferred to others in the acquisition or purcliase of public lands. McFadden v. Mountain View Min., etc., Co., 87 Fed. 154, p. 156. Hartman v. Warren, 76 Fed. 157. 3. SELECTION BY INDIANS — MINERAL LANDS EXEMPTED. By this act Congress intended to secure to the Indians the right of first possession of such part of the tract as they were entitled to have allotted to them in severalty, and to avoid conflicting claims and disputes between them and white settlers, the power to fix a date in the future when the tracts should be open to such settlement 968 UNITED STATES MINING STATUTES ANNOTATED. and entry was vested in the President, so that the Indians might have time to make their allotments before white settlers should come upon the tract, but there can be no such conflicting claims as to lands containing valuable deposits of mineral, as such lands are not subject to allotment by the Indians, McFadden v. Mountain View Min., etc., Co., 87 Fed. 154, p. 155. McFadden v. Mountain View Min., etc., Co., 97 Fed. 670, p. 673. See Kendall v. San Juan Min. Co., 144 U. S. 658, p. 663. Hartman v. Warren, 76 Fed. 157. 4. MINING CLAIMS — RIGHT TO LOCATE ON RESERVATION. This statute does not authorize citizens of the United States to go upon that part of the Colville Reservation vacated and restored to the public domain by the act for the purpose of prospecting for minerals and locating mining claims thereon, without authorization or permission, and in advance of the Executive proclamation, McFadden v. Mountain View Min., etc., Co., 97 Fed. 670, p. 678. Overruling McFadden v. Mountain View Min., etc., Co., 87 Fed. 154, Collins V. Bubb, 73 Fed. 735. The fact that this statute restores to the public domain certain portions of the Col- ville Indian Reservation therein described does not of itself make it subject to entry and disposal under the mining or other general laws of the United States, as all of the public domain is not subject to entry and disposal under the mining and other general laws. McFadden v. Mountain View Min., etc., Co., 97 Fed. 670, p. 679. This act annulled from its date the former Executive order creating the reservation, and restored the lands described to the public domain, but did not of itself make the mineral lands therein open to location either by the Indians or citizens of the United States. Collins V. Bubb, 73 Fed. 735, p. 738. 5. COLVILLE RESERVATION NOT SUBJECT TO MINERAL LAWS. The fact that Congress did not intend by this act to open that portion of the Colville Indian Reservation thereby restored to the public domain to the operation of the mineral laws in advance of the proclamation of the President as provided for therein, is shown by the subsequent act of February 20, 1896 (29 Stat. 9), in which it expressly declared that the mineral laws of the United States are ' 'hereby extended " so as to apply to this particular part of the Colville Reservation. McFadden v. Mountain View Min.;' etc., Co., 97 Fed. 670, p. 678, See Northern Pac, R. Co. v. Soderberg, 99 Fed. 506, p. 509. Gibson v. Anderson, 131 Fed. 39, p. 41. It can not be true that a portion of the Colville Reservation restored to the public domain by this act is any more open to the public in the exploration of minerals and the location of mining claims in advance of the President 's proclamation than it is to any other kind of entry or settlement or disposition, McFadden v. Mountain View Min., etc., Co., 97 Fed. 670, p, 680. Overruling McFadden v. Mountain View Min., etc., Co., 87 Fed, 154, See United States v. Blendauer, 128 Fed. 910. 6, OPENING OF COLVILLE RESERVATION — PROCLAMATION NECESSARY. The restoration of this part of the Colville Reservation is accompanied with the express statutory declaration that it shall be open to settlement and entry by procla- mation of the President of the United States and shall be disposed of under the general laws applicable to the disposal of public lands in the State of Washington, and it is INDIAN LANDS, PP. 952-1037. 969 therefore apparent that the "opeuiiig" to be effected by such proclamation is as broad as was the "disposition" provided for by the act, and the lands authorized to be dis- posed of under general laws applicable to the disposal of the public lands are the same lands and none other tliat the President by his proclamation is authorized to open to settlement and entry McFadden v. Mountain View Min., etc., Co., 97 Fed. 670, p. 680. Overruling McFadden v. Mountain View Min., etc., Co., 87 Fed. 154. See United States v. Blendauer, 128 Fed. 910. 29 STAT. 9, FEBRUARY 20, 1896. MINERAL-LAND LAWS EXTENDED— COLVILLE RESERVATION. AN ACT To extend the mineral-land laws of the United States to lands embraced in the north half of the Colville Indian Reservation. Be it enacted, etc., That the mineral-land laws of the United States be, and are hereby, extended so as to apply to all lands em- braced within the Colville Indian Reservation, namely: (Here fol- lows description.) * * * Provided, That the land used and occupied for school purposes at what is known as Tonasket School, on Bonapart Creek, and the site of the sawmill, gristmill, and other mill property on said reservation, is hereby reserved from the opera- tion of this act, unless other lands are selected in lieu thereof as pro- vided in section 6 of the act which became a law, without the ap- proval of the President, July 1, 1892, entitled ^^An act to provide for the opening of a part of the Colville Reservation in the State of Wash- ington, and for other purposes." A. MINING LAWS EXTENDED TO INDIAN LANDS. 1. PROCLAMATION OF PRESIDENT. This act extending the mineral-land laws to the Colville Indian Reservation indi- cates that Congress did not intend to subject the vacated portion of this reservation to the operation of the mineral law in advance of the proclamation of the President provided for therein . McFadden v. Mountain View Min., etc., Co., 97 Fed. 670, p. 678. See Gibson v. Anderson, 131 Fed. 39, p. 41. 30 STAT. 571, p. 593, JULY 1, 1898. MINERAL ENTRY— COLVILLE RESERVATION. AN ACT Making appropriations for the current and contingent expenses of the Indian Department and for fulfilling treaty stipulations with various Indian tribes for the fiscal year ending June 30, 1899. Be it enacted, etc. * * * That the mineral lands only in the Colville Indian Reservation, in the State of Washington, shall be subject to entry under ttie laws of the United States in relation to the entry of mineral lands: Provided, That lands allotted to the Indians or used by the Government for any purpose or by any school shall not be subject to entry under this provision. The right is hereby granted to cut timber for mining and domestic purposes, at such prices and subject to such regulations as may be prescribed by the Secretary of the Interior, from that portion of the Colville Indian Reservation in the State of Washington, which was vacated and restored to the pubUc domain by the act of July 1, 1892, 56974°— Bull. 94, pt 2—15 10 970 UNITED STATES MINING STATUTES ANNOTATED. entitled ^^An act to provide for tiie opening of a part of the Colville Keservation in the State of Washington and for other purposes" (27 Stat. 62), and the net proceeds arising from the disposition of said timber shall be set apart and disposed of according to the provisions of section 2 of said act of July 1, 1892, but primarily the expense incident to disposing of said timber, including compensation of such special agent as the Secretary of the Interior shall appoint, shall be paid out of any existing appropriation for the survey and allotment of said lands and shall be reimbursed and replaced from the proceeds arising from the disposition of the timber. The Indian allotments in severalty provided for in said act shall be selected and completed at the earliest practicable time and not later than six months after the proclamation of the President opening the vacated portion of said reservation to settlement and entry, which proclamation may be issued mthout awaiting the survey of the unsurveyed lands therein. Said allotments shall be made from lands which shall at the time of the selection thereof be surveyed, excepting that any Indian entitled to allotment under said act who has improvements upon unsurveyed land may select the same for his allotment, whereupon the Secretary of the Interior shall cause the same to be surveyed and allotted to him. At the expiration of six months from the date of the procla- mation by the President, and not before, the nonmineral lands within the vacated portion of said reservation which shall not have been allotted to Indians as aforesaid, shall be subject to settlement, entry and disposition under said act of July 1, 1892. * * * 34 STAT. 80, MARCH 22, 1906. SALE OF UNALLOTTED LANDS— COLVILLE RESERVATION. AN ACT To authorize the sale and disposition of surplus or unallotted lands of the diminished Colville Indian Reservation, in Washington. Be it enacted, etc. * * * Sec. 3. That upon the completion of said allotments to said Indians the residue or surplus lands — that is, lands not allotted or reserved for Indian school, agency, or other purposes — of the said diminished Colville Indian Reservation shall be classified under the direction of the Secretary of the Interior as irrigable lands, grazing lands, timber- lands, mineral lands, or arid lands, and shall be appraised under their appropriate classes by legal subdivisions, with the exception of the lands classed as mineral lands, which need not be appraised, and which shall be disposed of under the general mining laws of the United States, and, upon completion of the classification and appraisement, such surplus lands shall be open to settlement and entry under the provisions of the homestead laws at not less than their appraised value in addition to the fees and commissions now prescribed bylaw for the disposition of lands of the value of $1.25 per acre by procla- mation of the President, which proclamation shall prescribe the man- ner in which these lands shall be settled upon, occupied, and entered by persons entitled to make entry thereof. * * * * * * * ' * * * Sec. 6. That the proceeds not including fees and commissions arising from the sale and disposition of the lands aforesaid, including INDIAN LANDS, PP. 952-1037. 971 the sums paid for jnineral and town-site lands shall be, after de- (hictinj^ the expenses incurred from time to time in connection with the allotment, appraisement, and sales, and surveys, herein provided, deposited in the Treasury of the United States to the credit of the Colville and confederated tribes of Indians belonging and having tribal rights on the (-olville Indian Keservation, in the State of Wash- ington, and shall be expended for their benefit, under the direction of the Secretary of the Interior. * * * A. INDIAN LANDS— COLVILLE RESERVATION. 1. REPORT OF COMMISSIONERS SHOWS MINERALS. The commissioners report that much of the territory ceded under the act of July 1, 1892 (27 Stat. G2), abounds in rich mineral deposits. Collins V. Bubb, 73 Fed. 735, p. 737. 27 STAT. 120, p. 126, July 13, 1892. MINING CLAIMS ON INDIAN LANDS. AN ACT Making appropriations for the current and contingent expenses of the Indian Department, and for fulfilling treaty stipulations with the various Indian tribes, for the year ending June 30, 1893. Be it enacted, etc. * * * "No right of selection by, or allottment to the Crow Indians of Montana secured by the provisions of section 34 of the Indian appro- priation act, approved March 3, 1891, shall be so used as to include mining claims nor shall they include lands settled upon, or improve- ments made by, qualified preemptors or homesteaders who were mis- led to settle OQ said reservation by reason of an erroneous survey by deputy United States surveyors of the public lands, or of said Crow Reservation, and who at the time they so settled there believed their said settlement was not on the said reserv ation : Provided, That nothing herein contained shall be construed to impair any rights acquired under any contract with the Crow Indians heretofore ratified by Congress. 27 STAT. 612, pp. 633, 640, MARCH 3, 1893. SALINES RESERVED. AN ACT Making appropriations for current and contingent expenses, and fulfilling treaty stipulations with Indian tribes, for fiscal year ending June 30, 1894. Be it enacted, etc.. That the following sums be, and they are here- by, appropriated, out of any money in the Treasury not otherwise appropriated, for the purpose of paying the current and contingent expenses of the Indian Department for the year ending June 30, 1894, and fulfilling treaty stipulations with the various Indian tribes, namely: * * * It shall be the duty of said commission, or a majority of them, to superintend the sale of said lands, ascertain who are the true owners of the allotted lands, have guardians duly appointed for the minor heirs of any deceased allottees, make deeds of the lands to the pur- chasers thereof, subject to the approval of the Secretary of the In- terior, which deed shall operate as a complete conveyance of the land upon the full payment of the purchase money; and the whole amount 972 UNITED STATES MINII^G STATUTES ANNOTATED. received for allotted lands shall be placed in the Treasury to the credit of the Indian entitled thereto and the same shall be paid to him in such sums ajid at such times as the Commissioner of Indian Affairs, with the approval of the Secretary of the Interior, shall direct: * * * Ajid provided further, That the Indian allottees shall not have pov^er of alienation of the allotted lands not selected for sale by said commission for a period of 10 years from the date of the passage of this act, and no part of the allotted land shall be offered for sale until the Indian or Indians entitled to the same shall have signed a written agreement consenting to the sale thereof. * * * Sec. 10. That the sum of $295,736, payable as hereinafter pro- vided, is hereby appropriated out of any money in the Treasury not otherwise appropriated, and the Secretary of the Interior is hereby authorized and directed to contract to pay $8,300,000, or so much thereof as may be necessary in addition, to pay the Cherokee Nation of Indians for all the right, title, interest, and claims which the said nation of Indiajis may have in and to certain lands described and specified in an agreement concluded between (certain named persons), duly appointed commissioners on the part of the United States, and (certain named persons), duly appointed commissioners on the part of tlie Cherokee Nation of Indians in the Indian Territory, on De- cember 19, 1891, bounded (here describing and known as the Cherokee Outlet). A. INDIAN LANDS— SALINES EXCEPTED. B. INDIAN ALLOTTEES— POWER OF ALIENATION, p. — . A. INDIAN LANDS— SALINES EXCEPTED. Lands ceded by the Indians and made open for settlement by this act expressly excepted certain saline lands known as the Eastern, Middle, and Western Saline Reserves, under the authority of the act of Congress of August 7, 1882 (22 Stat. 349). Oklahoma v. Brooks, 29 L. D. 533, p. 534. B. INDIAN ALLOTTEES— POWER OF ALIENATION. This act deprived Indian allottees of the power of alienation for a period of 10 years after its passage, and after the expiration of such 10 years all restrictions were re- moved, leaving the land subject not only to voluntary but involuntary alienation. Neilson v. Alberty, 36 Okla. 490, p. 496. An affidavit of an applicant to enter a tract of land under this act, which states that the land does not contain any visible or known salt springs, salt rock, or other saline deposits, and is suitable for agricultural purposes, does not determine the character of the land, though it may justify an inquiry or an examination into the question, as all these lands should be treated as presumptively of saline character; but when it is ascertained that any of them are not saline, then disposition thereof can be made under the laws relating to public lands in the Cherokee Outlet. Oklahoma v. Brooks, 29 L. D. 533, p. 535. 30 STAT. 1779, JULY 27, 1898. PHOCLAMATION— CHEROKEE OUTLET. Whereas, in the opening of the Cherokee Outlet, pursuant to section 10 of the act of Congress approved March 3, 1893 (27 Stat. 612, p. INDIAN LANDS, PP. 952-1037. 973 640), the lands known as the Eastern, Middk>, and Western Saline Reserves were excepted from settlement in view of three hnises made by the Cherokee Nation prior to March 3, 1(S9.3, under authority of the act of Congress approved August 7, 1882 (22 Stat. 349); And whereas, it appears that said leases were never approved as provided by law; Now, therefore, I, William McKinley, President of the United States, by virtue of the power in me vested by section 10 of said act of March 3, 1893, do hereby declare and make known that all the lands in said saline reserves, as described in a proclamation dated August 19, 1893 (28 Stat. 1227), are hereby restored to the public domain and will be disposed of under the laws of the United States relating to public lands in said Cherokee Outlet, subject to the policy of the Government in disposing of saline lands. A. SALINES IN CHEROKEE OUTLET— RESTORED TO PUBLIC DOMAIN. By this proclamation all the lands in the Cherokee Nation saline reserves were re- stored to the public domain for disposition under United States laws, subject to the policy of the Government in disposing of saline lands Oklahoma v. Brooks, 29 L. D. 533, p. 534. 28 STAT. 1222, AUGUST 19, 1893. PROCLAMATION— SALINES RESERVED. Whereas, pursuant to section 10 of the act of Congress approved March 3, 1893 (27 Stat. 61), entitled, * * * the Cherokee Nation of Indians, by a written agreement made on May 17, 1893, has ratified the agreement for the cession of certain lands, hereinafter described, as amended by said act of March 3, 1893, and thereby ceded, conveyed, transferred, relinquished, and surrendered all its title, claim, and interest of every kind and character in and to that part of the Indian Territory (described), excepting also the saline lands covered by three leases made by the Cherokee Nation prior to March 3, 1893, known as the Eastern, Middle, and Western Saline Reserves, under authority of the act of Congress of August 7, 1882 (22 Stat. 349), said lands being described and identified as follows: The Eastern Saline Reserve embracing all (described), the Middle Saline Reserve embracing all (described), and the Western Saline Reserve embracing all (described). 29 STAT. 321, pp. 353, 357, 360, JUNE 10, 1896. OCCUPATION AND PURCHASE. AN ACT Making appropriations for current and contingent expenses of the Indian Department and fulfilling treaty stipulations with various Indian tribes for the fiscal year ending June 30, 1897, and for other purposes. Be it enacted, etc., * * * Sec. 8. * * * That upon the filing in the United States local land office for the district in which the lands surrendered by article 1 of the foregoing agreement are situated, of the approved plat of survey authorized by this section, the lands so surrendered shall be open to occupation, location, and purchase, under the provisions of 974 UNITED STATES MINING STATUTES ANNOTATED. the mineral-land laws only, subject to the several articles of the fore- going agreement: Provided, That said lands shall be sold at $10 per acre: And provided further, That the terms of this section shall not be construed to authorize the occupancy of said lands for mining purposes prior to the date of filing said approved plat of survey: Provided, however. That any person who in good faith prior to the passage of this act had discovered and opened, or located, a mine of coal or other mineral, shall have a preference right of pur- chase for 90 days from and after the official filing in the local land office of the approved plat of survey provided for by this section. Note. — The last proviso of this section is stricken out by an amendment. (See 30 Stat. 62, p. 93, sec. 10, p. 1001. Sec. 9. * * * That upon the filing in the United States local land office for the district in which the lands surrendered by article 1 of the foregoing agreement are situated, of the approved plat of survey authorized by this section, the lands so surrendered shall be opened to occupation, location, and purchase under the provisions of the mineral-land laws only, subject to the several articles of the foregoing agreement: Provided, That the terms of this section shall not be construed to authorize occupancy of said lands for mining- purposes prior to the date of filing said approved plat of survey. Sec. 10. * * * That upon the filing in the United States local land office for the district in which the lands surrendered by article 1 of the foregoing agreement are situated, of the approved plat of survey authorized by this section, the lands so surrendered shall be opened to occupation, location, and purchase under the provisions of the mineral-land laws only, subject to the several articles of the foregoing agreement: Provided, That the terms of this section shall not be construed to authorize occupancy of said lands for minmg purposes prior to the date of filing said approved plat of survey: Provided, however, That any person who in good faith prior to the passage of this act had discovered and opened, or located, a mine of coal or other mineral, shall have a preference right of purchase for 90 days from and after the official filing in the local land office of the approved plat of survey provided for by this section. A. INDIAN LANDS SURRENDERED— LOCATION OF MINING CLAIMS. This statute expressly excepts mining locations or coal mines in the lands reserved by the act. Eureka and Try Again Lode Claims, In re, 29 L. D. 158. In an application for the location of a mine upon any of the lands contemplated in this act, the applicant must show that he has complied with other sections of the statute, and especially with the provisions of sections 2325 and 2326 of the Revised Statutes. Eureka and Try Again Lode Claims, In re, 29 L. D. 158, p. 159. 31 STAT. 952, MARCH 2, 1901. SALE UNDER MINING LAWS. AN ACT To restore to the public domain a small tract of the White Mountain Apache Indian Reservation, in the Territory of Arizona. Be it enacted, etc., That a small tract of the White Mountain Apache Indian Reservation, in the Territory of Arizona, established INDIAN LANDS, PP. 952-1037. 975 by Executive orders dated (giving dates and descriptions) ; contain- ing about 231 acres, be, and tiie same is hereby, restored to the public domain and declared to be open and subject to entry, location, and occupation under the mining laws of the United States: Provided, That said lands shall be sold under the provisions of the mining laws of the United States, and that all moneys accruing from the sale of the lands hereby restored, except the fees allowed by law to the register and receiver, shall be ])aid into the Treasury of the United States and applied solely as follows: etc. 31 STAT. 1093, MARCH 3, 1901. DISPOSITION OF MINERAL LANDS. AN ACT To supplement existing laws relating to the disposition of lands, etc. Be it enacted, etc.. That before the time for opening to settlement or entry of any of the lands in the Territor}^^ of Oldahoma, respectively ceded to the United States by the Wichita and afhliated bands of Indians, and the Comanche, Kiowa, and Apache tribes of Indians, under agreements respectively ratified by the acts of March 2, 1895 (28 Stat. 876, p. 894), and June 6, 1900 (31 Stat. 672, p. 676), it shall 'be the duty of the Secretary of the Interior to subdivide the same into such number of counties as will, for the time being, best sub- serve the public interests, and to designate the place for the county seat of each county, and to set aside and reserve at such county seat, for disposition as herein provided, 320 acres of land: Provided, That the Secretary of the Interior may attach any part of said lands to any adjoining county in said Territory. The lands to be opened to settlement and entry under the acts of Congress ratifying said agreements respectively shall be so opened by proclamation of the President, and to avoid the contests and conflicting claims which have heretofore resulted from opening similar public lands to settlement and entry, the President's proclamation shall prescribe the manner in which these lands may be settled upon, occupied and entered by persons entitled thereto under the acts ratifying said agreements, respectively; and no person shall be per- mitted to settle upon, occupy, or enter any of said lands except as prescribed in such proclamation until after the expiration of 60 days irom the time when the same are opened to settlement and entry. A. ACT APPLIES TO MINEHAL AND HOMESTEAD CLAIMANTS. B. PROCLAMATION OPENING SETTLEMENT. A. ACT APPLIES TO MINERAL AND HOMESTEAD CLAIMANTS. This act, as well as the proclamation of the President issued July 4, 1901 (32 Stat. 1975), applied to mineral claimants as well as to homestead claimants, and Congress did not intend to discriminate in favor of mineral claimants and against the homestead claimants. Bay V. Oklahoma Southern Gas, etc., Min. Co., 13 Okla. 425, p. 432. B. PROCLAMATION OPENING SETTLEMENT. Congress left the manner of the opening of these lands allotted to the Indians to settlement and entry to the determination of the President, and required him to incor- 976 UNITED STATES MINING STATUTES ANNOTATED. porate the rules and regulations in his proclamation announcing the opening, and persons seeking to discover minerals and acquire homesteads were prohibited from entering upon the land until 60 days after the expiration of the time stated in the proclamation. Bay V. Oklahoma Southern Gas, etc., Min. Co., 13 Okla. 425, p. 432. See 32 Stat. 1975. 32 STAT. 744, JUNE 19, 1902. ALLOTMENTS— SPOKANE RESERVATION. JOINT RESOLUTION Supplementing and modifying certain provisions of the Indian appropriation Act for the year ending June 30, 1903. ^ Eesolved, etc., That the provisions of the act "Making appropria- tions for the current and contingent expenses of the Indian Depart- ment, arid for fuMling treaty stipulations with various Indian tribes for tlie fiscal year ending June 30, 1903, and for other purposes," are hereby supplemented and modified as follows : The Secretary of the Interior is directed to make allotments in severalty to the Indians of the Spokane Indian Reservation in the State of Washington, and upon the completion of such allotments the President shall by proclamation give public notice thereof, where- upon the lands in said reservation not allotted the Indians or used or reserved by the Government, or occupied for school purposes, shall be opened to exploration, location, occupation, and purchase under the mining laws. 32 STAT. 982, p. 998, MARCH 3, 1903. MINING CLAIMS— UTAH. AN ACT Making appropriations for the current and contingent expenses of the Indian Department and for fulfilling treaty stipulations with various Indian tribes for the fiscal year ending June 30, 1904, and for other purposes. Be it enacted, etc., * * * That in the lands within former Uncompahgre Indian Reservation, in the State of Utah, containing gilsonite, asphaltum, elaterite, or other like substances, which were reserved from location and entry by provision in the act of Congress entitled ^^An act making appro- priations for the current and contingent expenses of the Indian De- partment, and for fulfilling treaty stipulations with various Indian tribes for the fiscal year ending June 30, 1898 (30 Stat., 87), approved June 7, 1897, all discoveries and locations of any such mineral lands by qualified persons prior to January 1, 1891, not previously dis- covered and located, who recorded notices of such discoveries and locations prior to January 1, 1891, either in the State of Colorado, or in the office of the county recorder of Uintah County, Utah, shall have all the force and effect accorded by law to locations of mining claims upon the public domain. All such locations may hereafter be perfected, and patents shall be issued therefor upon compliance with the requirements of the mineral-land laws, provided that the owners of such locations shall relocate their respective claims and record the same in the office of the county recorder of Uintah County, Utah, within 90 days after the passage of this act. All locations of any such mineral lands made and recorded on or subsequent to January 1, 1891, are hereby declared to be null and void; and the remainder of the lands heretofore reserved as aforesaid because of INDIAN LANDS, PP. 952-1037. 977 the mineral substances contained in them, in so far as the same may- be within ovcn-numbored sections, shall be sold and disposed of in tracts not excecdhig 40 acres, or a quarter of a jquarter of a section, in such a manner and upon such terms and with such restrictions as may be prescribed in a proclamation of the President of the United States issued for that purpose not less than 120 days after the passage of this act, and not less than 90 days before the time of sale or disposal, and the balance of said lands and also all the mineral therein are hereby specifically reserved for future action of Congress. ******* 33 STAT. 15i, MARCH 25, 1904. PATENTS VALIDATED— BITTER ROOT VALLEY. AN ACT To confirm and validate patents to certain lands situated in the Bitter Root Valley, State of Montana, above the mouth of the Lo Lo Fork of the Bitter Root River. Be it enacted, etc., * * * That all patents heretofore issued for lands in the Bitter Root Valley, State of Montana, above the mouth of the Lo Lo Fork of the Bitter Root River, designated in the act of June 5, 1872 (17 Stat., 226), in desert entries, preemption entries, mining entries, entries under the act of June 3, 1878 (20 Stat., 89), as extended to all the public land States by the act of August 4, 1892 (27 Stat., 348), com- mpnly known as the timber and stone law, and for lands selected for the benefit of the University of the State of Montana prior to the passage of the act of August 3, 1894 (28 Stat., 222, Ch. 196), are hereby confirmed and said patents validated, to all intents and purposes the same as if the law under which said patents were issued was applicable to said lands. 33 STAT. 302, p. 303, APRIL 23, 1904. SURVEY AND ALLOTMENT. AN ACT For the survey and allotment of lands now embraced within the limits of the Flathead Indian Reservation, in the State of Montana, and the sale and disposal of all surplus lands after allotment. Be it enacted, etc., * * * Sec. 5. That said commissioners shall then proceed to personally inspect and classify and appraise, by the smallest legal subdivisions of 40 acres each, all of the remaining lands embraced within said reservation. In making such classification and appraisement said lands shall be divided into the following classes: First, agricultural land of the first class; second, agricultural land of the second class; third, timber lands, the same to be lands more valuable for their timber than for any other purpose; fourth, mineral lands; and fifth, grazing lands. Sec. 6. That said commission shall in their report of lands of the third class determine as nearly as possible the amount of standing saw timber on legal subdivisions thereof and fix a minimum price for the value thereof, and in determining the amounts of merchant- able timbers growing thereon they shall be empowered to employ a timber cruiser, at a salary of not more than $8 per day while so 978 UNITED STATES MINING STATUTES ANNOTATED. actually employed, with such assistants as may be necessary, at a salary not to exceed $6 per day while so actually employed. Mineral lands shall not be appraised as to value. ******* Sec. 8. That when said commission shall have completed the classification and appraisement of all of said lands and the same shall have been approved by the Secretary of the Interior, the land shall be disposed of under the general provisions of the homestead, mineral, and town-site laws of the United States, except such of said lands as shall have been classified as timber lands, and excepting sections 16 and 36 of each township, which are hereby granted to the State of Montana for school purposes. * * * Sec. 10. That only mineral entry may be made on such of said lands as said commission shall designate and classify as mineral under the general provisions of the mining laws of the United States, and mineral entry may also be made on any of said lands whether desig- nated by said commission as mineral lands or otherwise, such classi- fication by said commission being only prima facie evidence of the mineral or nonmineral character of the same: Provided, That no such mineral locations shall be permitted upon any lands allotted in severalty to an Indian. 33 STAT. 352, p. 360, APRIL 27, 1904. MINERALS UNDER TOWN SITES. AN ACT To ratify and amend an agreement with the Indians of the Crow Reserva- tion in Montana, and making appropriation to carry the same into effect. Be it enacted, etc., * * * Sec. 5. * * * And provided further, That the price of said lands shall be $4 per acre, when entered under the homestead laws. * * * Lands entered under the town-site and mineral-land laws shall be paid for in amount and manner as provided by said laws, but in no event at a less price than that fixed herein for such lands, if entered under the homestead laws. * * * 33 STAT. 595, p. 596, DECEMBER 21, 1904. MINERAL LANDS— DISPOSAL. AN ACT To authorize the sale and disposition of surplus or unallotted lands of the Yakima Indian Reservation, in the State of Washington. Be it enacted, etc., * * * Sec. 3. That the residue of the lands of said reservation — that is, the lands not allotted and not reserved — shall be classified under the direction of the Secretary of the Interior as irrigable lands, grazing lands, timber lands, mineral lands, or arid lands, and shall be ap- praised under their appropriate classes by legal subdivisions, with the exception of the mineral lands, which need not be appraised, and the timber on the lands classified as timber lands shall be appraised separately from the land. The basis for the appraisal of the timber shall be the amount of standing merchantable timber thereon, which shall be ascertained and reported. * * * The lands classified as mineral lands shall be subject to location and disposal under the mineral-land laws of the United States: Pro INDIAN LANDS, PP. 952-1037. 979 vided, That lands not chxssiiicd as mineral may also bo located and entered as mineral lands, subject to approval by the Secretary of the Interior and conditioned upon the payment, within one year from the date when located, of the appraised value of the land per acre fixed prior to the Okla. 772. Frank Oil Co. v. Belleview Co., 29 Okla. 719. O'Neil V. Sun Co. (Tex. Civ. App.), 123 S. W. 172. Smith V. Root, 66 W. Va. 633. 6. SUBLETTING OR TRANSFER OF LEASE PROHIBITED. Under the regulations adopted by the Secretary of the Interior, as authorized by this act, oil and gas leases by an Indian allottee can not be sublet, transferred, or assigned without the consent and approval of the Secretary, and an applicant for the approval of such a lease is required to state under oath that he is not directly or indirectly interested in leases of similar character embracing more than 4,800 acres. Barnsdall v. Owen, 200 Fed. 519, p. 520. A contract by which the lessee of an Indian oil and gas lease executed by authority of this act, by which the charge of the operations for oil and gas are given to a third person and by which such third person has the same privileges and is subjected to the same restrictions as were imposed upon the lessee by the lease, with the right to terminate the contract as to the lease after exploration, and requiring the operations to be carried on at the sole expense of such third person, subject to reimbursement from the proceeds of oil if found, such third person to have the benefit of any gas- producing land, excepted under the terms of the lease, the contracting parties to share equally in the net profits, is not a mere working agreement or employment of such third person for the development of the leased lands, but is a transfer of an interest in the lease, which is expressly prohibited by the regulations of the Secretary of the Interior. Barnsdall v. Owen, 200 Fed. 519, p. 521. A contract by which a lessee of an Indian oil and gas lease under this act parts with the management and control of the operations to another, and gives the latter a beneficial interest in the fruits of the lease, is within the regulations of the Secretary of the Interior against subletting, transferring, or assigning any such lease without the consent and approval of the Secretary. Barnsdall v. Owen, 200 Fed. 519, p. 521. 7. LEASE BY MINOR — VALIDITY — APPROVAL BY SECRETARY — EFFECT. A lease of land for five years or more for mineral purposes by a Cherokee citizen who was a minor and incompetent to execute such lease is not validated by the approval of the Secretary of the Interior, as provided for in this section; but the incompetency of the lessor and the validity of the lease must be determined as if no such approval was provided for. Jennings v. Wood, 192 Fed. 507, p. 508. The approval of the lease by the Secretary as contemplated by this section does not reach back and supply or confirm all the essential, legal prerequisites of a valid contract and is not a conclusive determination that the lessor, if a minor, was in fact an adult, or that he was sound mentally, or that he belonged to the class or his land was of the character covered by the statute, if in fact these conditions were actually wanting. Jennings v. Wood, 192 U. S. 507, p. 508. 56974°— Bull. 94, pt 2—15 13 1018 UNITED STATES MINING STATUTES ANNOTATED. The approval of the Secretary of the Interior of a lease of Indian lands for five years for mineral purposes is not required where such lease was executed by a minor and approved by the proper local court under section 20 of the act of April 26, 1906 (34 Stat. 137). Jennings v. Wood, 192 Fed. 507, p. 509. See Morrison v. Burnette, 154 Fed. 617. 8. FRAUDULENT CONTRACT RELATING TO LEASE NOT ENFORCED. A contract in relation to an oil and gas lease executed by an Indian allottee under this act, made for the sole purpose of deceiving a public officer in the performance of his duty, is contrary to public policy and void, and a court of equity will neither enforce each a contract nor aid either of the parties to regain his prior status, Barnsdall v. Owen, 200 Fed. 519, p. 522. 33 STAT. 189, p. 208, APRIL 21, 1904. COAL AND ASPHALT LEASES. AN ACT Making appropriations for the current and contingent expenses of the Indian Department and for fulfilling treaty stipulations with various Indian tribes for the fiscal year ending June 30, 1905, and for other purposes. Be it enacted, etc., * * * And provided further, That the Secretary of the Interior is hereby granted authority to sell at public sale in tracts not exceeding 160 acres to any one purchaser, under rules and regulations to be made by the Secretary of the Interior, the residue of land in the Creek Nation belonging to the Creek Tribe of Indians, consisting of about 500,000 acres, and being the residue of lands left over after allot- ments of 160 acres to each of said tribe. And all the restrictions upon the alienation of lands of all allottees of either of the Five Civilized Tribes of Indians who are not of Indian blood, except minors, are, except as to homesteads, hereby removed, and all restrictions upon the alienation of all other allottees of said tribes, except minors, and except as to homesteads, may, with the approval of the Secretary of the Interior, be removed under such rules and regulations as the Secretary of the Interior may prescribe, upon application to the United States Indian agent at the Union Agency in charge of the Five Civilized Tribes, if said agent is satisfied upon a full investigation of each individual case that such removal of restrictions is for the best interest of said allottee. * * * That the Secretary of the Interior be, and he is hereby, authorized and directed, upon the sale of lands in Indian Territory covered by coal and asphalt leases, to sell such lands subject to the right of the lessee to use so much of the surface as may be needed for coke ovens, miners' houses, store and supply buildings, and such other structures as are generally used in the production and shipment of coal and coke. Lessees may use the tipples and under ground work- ings located on any lease in the production of coal and coke from adjoining leases, and are hereby authorized to surrender leased premises to the owner thereof on giving 60 days' notice in writing to such owner and paying all charges and royalties due to the date of surrender: Provided, however. That nothing^ herein contained shall release the lessee from the payment of the stipulated royalty so long INDIAN LANDS; IT. 052-1037. 1010 as such lessee remains in ])ossession of any of tiio surface of the hinds inchukMl in liis k^ase for any purpose whatever: And provided, That any lessee may remove or dispose of any machinery, tools or equip- ment the lessee may have upon the leased lands. H: ^ ^ ^ ^ 4c All unleased lands which are by section 59 of an act entitled ''An act to ratify and confirm an agreement with the Choctaw and Chicka- saw Tribes of Indians, and for other purposes," approved July 1, 1902 (32 Stat. 654), directed to ''be sold at public auction for cash,'' and all other unleased lands and deposits of like character in said nations segregated under any act of Congress, shall, instead, be sold under direction of the Secretary of the Interior in tracts not exceeding 960 acres to each person, after due advertisement, upon sealed pro- posals, under regulations to be prescribed by the Secretary of the Interior and approved by the President, with authority to reject any or all proposals: Provided, That the President shall appoint a com- mission of three persons, one on the recommendation of the principal chief of the Choctaw Nation, who shaU be a Choctaw by blood, and one upon the recommendation of the governor of the Chickasaw Nation, who shall be a Chickasaw by blood, which commission shaU have a right to be present at the time of the opening of bids and be heard in relation to the acceptance or rejection thereof. All expenses, inclusive of necessary clerical help in the Depart- ment of the Interior, connected with and incident to such sale shall be paid from the funds of the Choctaw and Chickasaw Tribes on deposit in the Treasury of the United States: Provided, That aU leased lands shall be withheld from sale until the further direction of Congress. * * * That any private land over which an Indian reservation has been extended by Executive order, may be exchanged, at the discretion of the Secretary of the Interior and at the expense of the owner thereof and under such rules and regulations as maybe prescribed by the Secre- tary of the Interior, for vacant, nonmineral, nontimbered, surveyed public lands of equal area and value and situated in the same State or Territory. A. ALIENATION BY INDIAN ALLOTTEES. 1. Restrictions on alienation by allottees removed. 2. Oil leases subject to secretary's approval. 1. restrictions on alienation by allottees removed. This statute removed restrictions on the alienation of certain lands theretofore allotted to the members of the Five Civilized Tribes of Indians. Neilson v. Alberty, 36 Okla. 490, p. 497. 2. OIL leases subject to secretary's approval. A valid oil lease of a homestead of an allottee of Indian lands can not be made with- out the approval of the Secretary of the Interior, as this is the express exception in this act. Moore v. Sawyer, 167 Fed. 826, p. 837. 1020 UNITED STATES MINING STATUTES ANNOTATED. 33 STAT. 544, APRIL 28, 1904. COAL AND ASPHALT. An ACT To authorize the Secretary of the Interior to add to the segregation of coal and asphalt lands in the Choctaw and Chickasaw Nations, Indian Territory, and for other purposes. Be it enacted, etc., That the Secretary of the Interior is hereby authorized and empowered to segregate and reserve from allotment, and to cancel any filings or applications that may heretofore have been made with a view to allotting the following-described lands, situate in the Choctaw Nation, to wit: The north half of the south half of the southeast quarter, and the northeast quarter of the southeast quarter of the southwest quarter of section 9; the north half of the south half of the south half of section 10; the north half of the south half of the south half of section 11, and the north half of the south half of the southwest quarter of section 12, all in town- ship 5 north, range 19 east, containing 250 acres, more or less; and the northwest quarter of the southwest quarter of section 8, town- ship 5 north, range 19 east, and the southwest quarter of the north- east quarter of section 7, township 5 north, range 19 east, containing 80 acres, more or less. Sec. 2. That the provisions of sections 56 to 63, inclusive, of the act of Congress approved July 1, 1902, entitled '^An act to ratify and confirm an agreement with the Choctaw and Chickasaw Tribes, etc.'' (32 Stat. 653, p. 655), be, and the same are hereby, made applicable to the lands above described, the same as if the said described lands had been made a part of the segregation, as contemplated by said sections 56 to 63, inclusive, of said above act approved July 1, 1902: Provided, That the Secretary of the Interior may, in his discretion, add said lands to and make them a part of the coal and asphalt min- ing leases now in effect, and to which said lands above described are contiguous, the lands in each case to be added to and made a part of the lease to which they are adjacent and which they join. Govern- ment subdivisions being followed as nearly as possible: Provided further. That the holder or holders of the lease or leases to which such lands shall be added, shall, before the same are added, pay the Indian or Indians who have filed upon or applied for such lands as their allotments, or who are in possession thereof, the value of the improvements placed on the land, by said Indian or Indians, such value to be determined under the direction of the Secretary of the Interior: And provided further. That said lands shaU be sold as other leased coal and asphalt lands in the Choctaw and Chickasaw Nations, in the Indian Territory are sold. Sec. 3. That the Choctaw, Oklahoma & Gulf Railroad Co. is hereby authorized and empowered to sublet, assign, transfer, and set over the leases which it now has upon coal lands in Choctaw Nation, Ind. T., or any of them. The assignees or sublessees of said Choctaw, Oklahoma & Gulf Railroad Co. shall file good and sufficient bonds for the faithful performance of the terms of the original leases, to be approved by the Secretary of the Interior. INDIAN LANDS, PP. 952-103*7. 1021 33 STAT. 1048, p. 1061, MARCH 3, 1905. OIL LEASES. AN ACT Making appropriations for the current and contingent expenses of the Indian Department and for fulfilling treaty stipulations with various Indian tribes for the fiscal year ending June 30, 1906, and for other purposes. Be it enacted, etc., * * * For survey and subdivision of Indian reservations and of lands to be allotted to Indians, and to make allotments in severalty, to be expended by the Commissioner of Indian Affairs, under the direction of the Secretary of the Interior, $25,000. And the President is hereby authorized, in his discretion, to allot the lands of any tribes of In- dians to the individual members thereof whenever, in his judgment, it is advantageous for such Indians that such allotments be made: Provided, That any allotments which may be made of the Osage Reservation in Oklahoma Territory shall be made subject to the terms and conditions of the lease herein authorized, the same being a renewal as to a part of the premises covered by certain lease dated March 16, 1896, given by the Osage Nation of Indians to Edwin B. Foster and approved by the Secretary of the Interior and now owned by the Indian Territory Illuminating Oil Co. under assignments approved by the Secretary of the Interior, which said lease and all subleases thereof duly executed on or before December 31, 1904, or executed after that date based upon contracts made prior thereto, and which have been or shall be approved by the Secretary of the Interior, to the extent of 680,000 acres in the aggregate, are hereby extended for the period of 10 years from the 16th day of March, 1906, with all the conditions of said original lease except that from and after the 16th day of March, 1906, the royalty to be paid on gas shall be $100 per annum on each gas well, instead of $50 as now provided in said lease, and except that the President of the United States shall determine the amount of royalty to be paid for oil. Said determination shall be evidenced by filing with the Secretary of the Interior on or before December 31, 1905, such determination; and the Secretary of the Interior shall immediately mail to the Indian Territory Illuminating Oil Co. and each sublessee a copy thereof. That before the opening of the Uintah Indian Reservation the President is hereby authorized to set apart and reserve as an addition to the Uintah Forest Reserve, subject to the laws, rules, and regula- tions governing forest reserves, and subject to the mineral rights granted b;y the act of Congress of May 27, 1902, such portion of the lands within the Uintah Indian Reservation as he considers necessary, and he may also set apart and reserve any reservoir site or other lands necessary to conserve and protect the water supply for the Indians or for general agricultural development, and may confirm such rights to water thereon as have already accrued: Provided, That the pro- ceeds from any timber on such addition as may with safety be sold prior to June 30, 1920, shall be paid to said Indians in accordance with the provisions of the act opening the reservation. That the Raven Mining Co. shall, within 60 days from the passage of this act, file for record, in the office of the recorder of deeds of the 1022 UNITED STATES MINING STATUTES ANNOTATED. county in which its claims are located, a proper certificate of each location; and it shall also, within the same time, file in the ofiice of the Secretary of the Interior, in the city of Washington, said descrip- tion and a map showing the locations made by it on the Uintah Res- ervation, Utah, under the act of Congress of Mslj 27, 1902 (32 Stat. 263); and thereupon the Secretary of the Interior shall forthwith cause said locations to be inspected and report made, and if found to contain the character of mineral to which said company is en- titled by the act of Congress aforesaid and that each of said claims does not exceed the size of a regular mining claim, to wit, 600 by 1,500 feet, he shall issue a patent in fee to the Raven Mining Co. for each of said claims: Provided further. That the Florence Min- ing Co. entitled under the act of Congress approved May 27, 1902, to the preferential right to locate not to exceed 640 acres of contiguous mineral land in the Uintah Reservation, Utah, shall within 60 days from the passage of this act file in the office of recorder of deeds of the county in which its location is made a proper description of its claim, and it shall within the same time file in the office of the Secre- tary of the Interior said description and a map showing the location made by it on the Uintah Reservation, Utah, and thereupon the Secretary of the Interior shall forthwith cause said location to be inspected and report thereon made, and if found not to exceed 640 acres he shall issue a patent in fee to said company for the said land: And provided further. That the extension of time for opening the unallotted lands to public entry herein granted shall not extend the time to make locations to any person or company heretofore given a preferential right, but the Raven Mining Co. and the Florence Mining Co. pending the time for opening to public entry the Uintah Reservation shall have the right of ingress and egress to and from their respective properties over and through said reservation. A. OSAGE INDIAN RESERVATION. B. RAVEN MINING CO.'S LOCATIONS. C. INDIAN LANDS— UINTAH RESERVATION, p. 1023. A. OSAGE INDIAN RESERVATION. 1. FOSTER OIL LEASE EXTENDED. This act extended the original lease of the Osage Nation to Edwin B, Foster for 10 years for the purpose of prospecting for, boring, or drilling wells for mining and pro- ducing petroleum and natural gas on all the land in the Osage Indian Reservation. Barnsdall Oil Co. v. Leahy, 195 Fed. 731, p. 732. B. RAVEN MINING CO.'S LOCATIONS. 1. COMPLIANCE WITH STATUTE. By this act the Raven Mining Co. was required, within 60 days from the passage of the act, to file in the office of the recorder of deeds of the proper county a certificate of each location and should within the same time file in the office of the Secretry of the Interior such description and a map showing the location made by it under the act of May 27, 1902 (32 Stat. 245, p. 263). Raven Min. Co., In re, 36 L. D. 190, p. 191. INDIAN LANDS, PP. 952-1037. 1023 Under this act the location of the Raven Mining Co. were directed to be made and they were nxade in the form of lode claims, and upon inspection it was found that they contained the characteristics of mineral mentioned in the company's lease and to which it was entitled under the act of May 27, 1902 (32 Stat. 245, p. 263), and the company was relieved by this act from compliance with many of the conditions prescribed in section 2325 R. S., such as making the formal proof required under the mining laws in the completion of title to mineral land, but did not relieve it from the payment at the rate of $5 per acre for the mineral lands located as such lode claims. Raven Min. Co!, In re, 34 L. D. 306, p. 309. See Raven Min. Co., In re, 35 L. D. 382. As required by this act, the Raven Mining Co. duly filed in the Land Department a map showing the location made by it on the Uintah Reservation under the act of May 27, 1902 (32 Stat. 245, p. 263). Raven Min. Co., In re, 35 L. D. 382, p. 385. See Raven Min. Co., In re, 34 L. D. 306. C. INDIAN LANDS— UINTAH RESERVATION. 1. MINERAL LANDS PREVIOUSLY DISPOSED OF EXCEPTED. In the proclamation issued (34 Stat. 319) under the provisions of this act there was excepted from the lands to be opened such mineral lands as might have been dis- posed of under existing laws. Raven ^n. Co., In re, 34 L. D. 306, p. 307. See Raven Min. Co., In re, 35 L. D. 382. 34 STAT. 137, p. 141, APRIL 26, 1906. SALE OF MINING LEASES— FIVE CIVILIZED TRIBES. AN ACT To provide for the final disposition of the affairs of the Five Civilized Tribes in the Indian Territory. Be it enacted, etc., * * *. Sec. 12. That the Secretary of the Interior is authorized to sell, upon such terms and under such rules and regulations as he may prescribe, all lots in towns in the Choctaw and Chickasaw Nations reserved from appraisement and sale for use in connection with the operation of coal and asphalt mining leases or for the occupancy of miners actually engaged in working for lessees operating coal and asphalt mines, the proceeds arising from such sale to be deposited in the Treasury of the United States as are other funds of said tribes. If the purchaser of any town lot sold under the provisions of law regarding the sale of town sites in the Choctaw, Chickasaw, Cherokee, Creek, or Seminole Nations fail for 60 days after approval hereof to pay the purchase price or any installment thereof then due, or shall fail for 30 days to pay the purchase price or any installment thereof falling due hereafter, he shall forfeit all rights under his purchase, together with all money paid thereunder, and the Secretary of the Interior may cause the lots upon which such forfeiture is made to be resold at public auction for cash, under such rules and regulations as he may prescribe. * * * Sec. 13. That all coal and asphalt lands whether leased or unleased shall be reserved from sale under this act until the existing leases for coal and asphalt lands shall have expired or until such time as may be otherwise provided by law. ******* 1024 UNITED STATES MINING STATUTES ANNOTATED. Sec. 16. * * * The Secretary of the Interior is hereby author- ized to sell, whenever in his judgment it may be desirable, any of the unallotted land in the Choctaw and Chickasaw Nations, which is not principally valuable for mining, agricultural, or timber purposes, in tracts of not exceeding 640 acres to any one person, for a fair and reasonable price, not less than the present appraised value. * * * Sec. 19. That no full blood Indian of the Choctaw, Chickasaw, Cherokee, Creek, or Seminole tribes shall have power to alienate, sell, dispose of, or encumber in any manner any of the lands allotted to him for a period of 25 years from and after the passage and ap- proval of this act, unless such restriction shall, prior to the expiration of said period, be removed by act of Congress ; and for all purposes the quantum of Indian blood possessed by any member of said tribes shall be determined by the rolls of citizens of said tribes approved by the Secretary of the Interior: Provided, however. That such full blood Indians of any of said tribes may lease any lands other than home- steads for more than one year under such rules and regulations as may be prescribed by the Secretary of the Interior. * * * Sec. 20. That after the approval of this act all leases and rental contracts, except leases and rental contracts for not exceeding one year for agricultural purposes for lands other than homesteads, of full blood allottees of the Choctaw, Chickasaw, Cherokee, Creek, and Seminole tribes shall be in writing and subject to approval by the Secretary of the Interior and shall be absolutely void and of no effect without such approval: Provided, That allotments of minors and incompetents may be rented or leased under order of the proper court. * * * A. INDIAN LANDS— OIL LEASES. 1. Eight of United States to sue on bond securing lease. 2. Payments to be made to Indian agent. 3. Lease of minor approved by court — ^Effect. 1. right of united states to sue on bond securing lease. The United States can not maintain an action on a bond given to secure an oil and gas lease of Indian lands under section 19 and under the terms of the lease the lessee was given the privilege, without obligating himself to pay, of paying a certain stated sum in addition to the rents and royalties if he failed to drill a well within a stated time and where it reserved to the lessor the right to forfeit the lease on the lessee's failure to so drill. United States v. Comet Oil & Gas Co., 187 Fed. 674, p. 679. The United States may maintain an action on a bond given by a lessee to secure the payments of rents and royalties due on a lease of oil and gas lands of a full-blood Indian on breach of any of the conditions of such bond. United States v. Comet Oil & Gas Co., 187 Fed. 674, p. 679. 2. payments to be made to INDIAN AGENT. It is competent for the Secretary of the Interior under this statute to require a lessee of oil and gas lands from a full-blood Indian to make all payments for rent or INDIAN LANDS; PP. 952-10:^7. 1025 roj'^alties to a United States Indian a^ent at a certain designated agency, and to require the lessee to secure such rents and royalties by a good and sufficient bond payable to the United States. United States v. Comet Oil & Gas Co., 187 Fed. 674, p. 678. 3. LEASE OF MINOR APPROVED BY COURT EFFECT. Under section 20 the lease of an allotment of a minor made with the approval of the proper local court is not subject to the approval or disapproval of the Secretary of the Interior under section 72 of the act of July 1, 1902 (32 Stat. 716). Jennings v. Wood, 192 Fed. 507, p. 509. 34 STAT. 325, p. 336, JUNE 21, 1906. MINING LAWS EXTENDED— COAL LANDS. AN ACT Making appropriations for the current and contingent expenses of the Indian Department, for fulfilling treaty stipulations with various Indian tribes, and for other purposes, for the fiscal year ending June 30, 1907. Be it enacted, etc., * * * Provided further. That the general mining laws of the United States shall extend after the approval of this act to any of said lands and mineral entry may be made on any of said lands, but no such mineral selection shall be permitted upon any lands allotted in severalty to the Indians: Provided further. That all the coal or oil deposits in or under the lands on the said reservation shall be and remain the property of the United States, and no patent that may be issued under the provisions of this or any other act of Congress shall convey any title thereto: That the Secretary of the Interior is hereby authorized and em- powered to segregate and reserve from allotment, and to cancel any filings or applications that may heretofore have been made with a view to allotting, the following-described lands, situate in the Choc- taw Nation, Indian Territory, to wit: The northwest quarter of sec- tion 12, in township 5 north, range 15 east, containing in the aggre- gate 160 acres, more or less. That the provisions of sections 56 to 63, inclusive, of the act of Congress approved July 1, 1902, entitled ''An act to ratify and confirm an agreement with the Choctaw and Chickasaw tribes, and for other purposes" (32 Stat. 653), be, and the same are hereby, made applicable to the lands above described, the same as if the said described lands had been made a part of the segregation as contemplated by said sections 56 to 63, inclusive, of said above act approved July 1, 1902: Provided, That the Secretary of the Interior may, in his discretion, add to and make a part of the coal mining leases now in effect, and to which said lands are contigu- ous, the northwest quarter of section 12, in township 5 north, of range 15 east. Government subdivisions being followed as nearly as possible: Provided further. That the holder or holders of the lease or leases to which such lands shall be added shall, before the same are added, pay the Indian or Indians who have filed upon or applied for such lands as their allotments, or who are in possession thereof, the value of the improvements placed on the land by said Indian or Indians, such value to De determined under the direction of the Secretary of the Interior. 1026 UNITED STATES MINING STATUTES ANNOTATED. 34 STAT. 539, p. 542, JUNE 28, 1906. OIL LANDS— OSAGE. AN ACT For the division of the lands and funds of the Osage Indians in Oklahoma. Be it enacted, etc., • * * * Sec. 2. Seventh. * * * And provided further, That nothing herein shall authorize the sale of the oil, gas, coal, or other minerals covered by said lands, said minerals being reserved to the use of the tribe for a period of 25 years, and the royalty to be paid to said tribe as hereinafter provided : And provided further. That the oil, gas, coal, and other minerals upon said allotted lands, shall become the prop- erty of the individual owner of the said land at the expiration of said 25 years, unless otherwise provided for by act of Congress. Sec. 3. That the oil, gas, coal, or other minerals covered by the lands for the selection and division of which provision is herein made are hereby reserved to the Osage tribe for a period of twenty-five years from and after the 8th day of April, 1906; and leases for all oil, gas, and other minerals, covered by selections and division of land herein provided for, may be made by the Osage tribe of Indians through its tribal council, and with the approval of the Secretary of the Interior, and under such rules and regulations as he may pre- scribe: Provided, That the royalties to be paid to the Osage tribe under any mineral lease so made shall be determined by the Presi- dent of the United States : And provided further. That no mining of or prospecting for any of said mmeral or minerals shaU be permitted on the homestead selections herein provided for without the written consent of the Secretary of the Interior: Provided, however. That nothing herein contained shall be construed as affecting any valid existing lease or contract. A. OSAGE INDIAN ALLOTMENTS. 1. Allotments inalienable for certain period. 2. Minerals inalienable. 1. Allotments unalienable for certain period. Under this statute all lands allotted to the members of the Osage Tribe of Indians were made inalienable for a period of 25 years from the date of selection. Neilson v. Alberty, 36 Okla. 490, p. 493. 2. MINERALS INALIENABLE. Under this act adult members of the Osage tribe to whom certificates of competency were issued by the Secretary of the Interior could sell and convey, or control and dis- pose of their surplus allotted lands, but could not sell the oil, gas, coal, or other mineral covered by such lands. Neilson v. Alberty, 36 Okla. 490, p. 493. Section 2 contains further inhibitions against the sale of oil, gas, coal, or other min- erals within the lands owned by the allottees and reserved them to the use of the tribe for a period of 25 years, and all royalties on any such minerals are to be paid to the tribe. Neilson v. Alberty, 36 Okla. 490, p. 493. INDIAN LANDS, PP. 052-1037. 1027 35 STAT. 312, MAY 27, 1908. OIL, GAS, AND MINERAL. AN ACT For the removal of the restrictions from part of the lands of allottees of the Five Civilized Tribes. Be it enacted, etc. * * * Sec. 2. That all lands other than homesteads allotted to members of the Five Civilized Tribes from which restrictions have not been removed may be released by the allottee if an adult, or by guardian or curator under order of the proper probate court if a minor or incom- petent, for a period not to exceed five years, without the privilege of renewal: Provided, That leases of restricted lands for oil, gas or other mining purposes, leases of restricted homesteads for more than one year, and leases of restricted lands for periods of more than five years may be made, with the approval of the Secretary of the Interior, under rules and regulations provided by the Secretary of the Interior, and not otherwise: * * * Sec. 3 * * * That no oil, gas, or other mineral lease entered into by any of said allottees prior to the removal of restrictions re- quiring the approval of the Secretary of the Interior shall be ren- dered invalid by this act, but the same shall be subject to the approval of the Secretary of the Interior as if this act had not been passed : Provided, That the owner or owners of any allotted land from which restrictions are removed by this act, or have been removed by previous acts of Congress, or by the Secretary of the Interior, or may hereafter be removed under and by authority of any act of Congress, shall have the power to cancel and annul any oil, gas, or mineral lease on said land whenever the owner or owners of said land and the owner or owners of the lease thereon agree in writing to terminate said lease and file with the Secretary of the Interior, or his designated agent, a true copy of the agreement in wiiting canceling said lease, which said agreement shall be executed and acknowledged by the parties thereto in the manner required by the laws of Olahoma for the execution and acknowledgment of deeds, and the same shall be recorded in the county where the land is situate. ******* Sec. 14. That the provision of section 13 of the act of Congress approved April 26, 1906 (34 Stat., p. 137), shall not apply to town lots in townsites heretofore established, surveyed, platted, and appraised under the direction of the Secretary of the Interior, but nothing herein contained shall be construed to authorize the con- veyance of any interest in the coal or asphalt underlying said lots. A. FIVE CIVILIZED TRIBES. 1. Power of alienation granted. 2. Lease as method of alienation. 1. POWER OF alienation GRANTED. This act removed restrictions from part of the lands of allottees of the Five Civilized Tribes of Indians and authorized the Secretary of the Interior to consent to lease or alienation of such lands. Neilson v. Alberty, 36 Okla. 490, p. 498. 1028 UNITED STATES MINING STATUTES ANNOTATED. 2. LEASE AS METHOD OF ALIENATION. By the use of the term "alienation" in this act Congress intended to include the leasing of lands and intended to remove the restrictions from the leasing of oil lands of the Indian tribes mentioned, treating a lease as a species of alienation, and therefore the approval of the Secretary of the Interior is not essential to the validity of an oil lease of Indian lands except as to land comprising a homestead. Moore v. Sawyer, 167 Fed. 826, p. 836. See Eldred v. Okmulgee Loan & Trust Co., 22 Okla. 742. 35 STAT. 444, p. 446, MAY 29, 1908. COAL AND ASPHALT IN TOWN SITES. AN ACT To authorize the Secretary of the Interior to issue patents in fee to purchasers of Indian lands under any law now existing or hereafter enacted, and for other pur- poses. Be it enacted, etc. * * * Sec. 7. That in addition to the towns heretofore segregated, surveyed, and scheduled in accordance with law, the Secretary of the Interior be, and he is hereby, authorized to segregate and survey within that part of the territory of the Choctaw and Chickasaw Nation, State of Oklahoma, heretofore segregated as coal and asphalt lands, such other towns, parts of towns, or town lots, as are now in existence, or which he may deem it desirable to establish. He shall cause the surface of the lots in such towns or parts of towns to be appraised, scheduled, and sold at the rates, on the terms, and with the same character of estate as is provided in section 29 of the act of Congress approved June 28, 1898 (30 Stat. 495), under regulations to be prescribed by him. That the provisions of section 13 of the act of Congress approved April 26, 1906 (34 Stat. 137), shall not apply to town lots appraised and sold as provided herein. That all ex- penses incurred in surveying, platting, and selling the lots in any town or parts of towns shall be paid from proceeds of the sale of town lots of the nation in which such town is situate. 35 STAT. 778, MARCH 3, 1909. OIL, GAS, AND MINERALS— OSAGE. AN ACT Authorizing the Secretary of the Interior to sell surplus lands of the Kaw or Kansas and Osage tribes of Indians in Oklahoma. Be it enacted, etc.. That the Secretary of the Interior be, and hereby is, authorized and empowered, upon application to sell, under such rules and regulations as he may prescribe, part or all of the surplus lands of any member of the Kaw or Kansas and Osage tribes of Indians in Oklahoma: Provided, That the sales of the Osage lands shall be subject to the reserved rights of the tribe in oil, gas, and other minerals. 35 STAT. 781, p. 783, MARCH 3, 1909. LEASE OF MINERAL LANDS— OSAGE. AN ACT Making appropriations for the current and contingent expenses of the Indian Department, for fulfilling treaty stipulations with various Indian tribes, for the fiscal year ending June 30, 1910. Be it enacted, etc. * * * That all lands allotted to Indians in severalty, except allotments made to members of the Five Civilized Tribes and Osage Indians INDIAN LANDS, PP. 052-1037. 1029 in Oklahoma, made by said allottee be leased for mining purposes for any term of yeai-s as may be deemed advisable by the Secretary of the Interior; and the Secretary of the Interior is liereby autliorized to perform any and all acts and make such rules and regulations as may be necessary for the pur]>ose of carrying tlie provisions of this paragraph into full force and effect. The town-lot payments in default shall not work forfeiture if payment, with 10 per cent interest from date of such default, is made before December 1, 1909. All rights to acquire land for allot- ment by Choctaw and Chickasaw freedmen shall cease December 1, 1910. The surface only of the segregated coal and asphalt lands of the Choctaw and Chickasaw Nation shall be subject to condemnation under the laws of the State of Oklahoma for State penal institutions, county and municipal purposes and for sewers and water systems: Provided, That the title to the surface of any lands so condemned shaU revert to the Choctaw and Chickasaw Nation upon its ceasing to be used for the purpose for which it was condemned and the tribal relation is hereby continued for such purpose and no title to any mineral rights in said lands so condemned shall be acquired hereunder. 36 STAT. 455, p. 456, JUNE 1, 1910. CLASSIFICATION AND DISPOSAL— FORT BERTHOLD RESERVATION. AN ACT To authorize the survey and allotment of lands embraced within the limits of the Fort Berthold Indian Reservation, in the State of North Dakota, and the sale and disposition of a portion of the surplus lands after allotment, and making appro- priation and provision to carry the same into effect. Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, authorized and directed to cause the unsurveyed part of the Fort Berthold Indian Reservation, in the State of North Dakota, to be surveyed, and to sell and dispose of, as hereinafter provided, all the surplus unallotted and unreserved lands within that portion of said reservation lying and being east and north of the Missouri River, and he shall cause an examination to be made of said lands by the Geological Survey; and if there be found any lands bearing coal or other mineral, the Secretary of the Interior is hereby author- ized to reserve them from allotment or other disposition until Congress shall provide for their disposal: Provided, That any Indians to whom allotments may have been made within the area described herein may, in case they elect to do so before said lands are offered for sale, relinquish the same and select allotments in lieu thereof within the area in which the additional allotments hereinafter provided for are to be made. Sec. 7. That the President of the United States shall appoint a commission, consisting of three persons, to inspect, classify, appraise, and value all of the lands described in section 1 of this act that shall not have been allotted in severalty to said Indians or granted or reserved by the terms of this act. * * * The said commissioners shall then proceed to personally inspect and classify and appraise, in 160-acre tracts, all of the remaining lands described in section 1 of this act, except sections 16 and sections 36. In making such classifi- cation and appraisement said lands shall be divided into the following 1030 UNITED STATES MINING STATUTES ANNOTATED. classes : First, agricultural land of the first class ; second, agricultural land of the second class; third, grazing land; fourth, timberland; fifth, mineral land, if any, but the mineral and timberlands shall not be appraised. * * * Sec. 8. That when said commissioners shall have completed the classification and appraisement of all of said lands, and the same shall have been a2:)proved by the Secretary of the Interior, the lands shall be disposed of under the provisions of the homestead, mineral, and town-site laws of the United States, except as hereinafter otherwise provided and excepting sections 16 and 36 of each township, which sections are hereby granted to the State of North Dakota for school purposes; and incase either of said sections or parts thereof should be lost to the State by reason of the allotment thereof to any Indian or Indians, or otherwise, the governor of said State, with the approval of the Secretary of the Interior, is hereby authorized, within the area described in section 1 of this act, to select other unoccupied, unreserved, nonmineral lands, which selections must be made at least 30 days prior to the date fixed by the President's proclamation opening the surplus lands to settlement. * * * 39 STAT. 681, AUGUST 3, 1914 (PUBLIC NO. 162, 63D CONGRESS). COAL DEPOSITS— FORT BERTHOLD RESERVATION. AN ACT To provide for the disposal of certain lands in the Fort Berthold Indian Reservation, North Dakota. Be it enacted, That the lands in the Fort Berthold Indian Reser- vation, North Dakota, which on account of their containing coal were reserved from allotment and other disposition under the act of June 1, 1910, entitled ''An act to authorize the survey and allotment of lands embraced within the limits of the Fort Berthold Indian Reservation, in the State of North Dakota, and the sale and disposition of a portion of the surplus lands after allotment, and making appropriation and provision to carry the same into effect" (36 Stat., 455), shaU be subject to disposal under the provisions of said act: Provided, That patents issued for such lands shall contain a reservation to the United States of any coal that such lands may contain, to be held in trust for the Indians belonging to and having tribal rights on the Fort Berthold Indian Reservation, but any entry- man shall have the right at any time before making final proof of his entry, or at the time of making such final proof, to a hearing for the purpose of disproving the classification as coal land of the land embraced in his entry, and if such land is shown not to be coal land a patent without reservation shall issue. Sec. 2. That the coal deposits in such lands shall be subject to disposal by the United States in accordance with the provisions of the coal-land laws in force at the time of such disposal, and the proceeds arising from the disposal of such coal deposits or from the leasing or working thereof shall be deposited in the Treasury of the United States and shall be applied in the same manner as the pro- ceeds derived from the disposition of the lands embraced in the Fort Berthold Indian Reservation. Any person qualified to acquire coal deposits or the right to mine and remove the coal under the laws of the United States shall have the right at all times to enter upon the lands selected, entered, or patented, as provided by this act, for the INDIAN LANDS, PP. 952-1037. 1031 urposc of prospoctino' for coal thereon, upon tho approval by tlio ocrctary of tho Interior of a bond or undertaldng to bo filed with him as security for tho payment of all damages to tho crops and improvements on such lands by reason of such prospecting. Any person who has acquired from the United States tho coal deposits m any such land, or the right to mine or remove the same, may reenter and occupy so much of the surface thereof as may bo required for all purposes reasonably incident to the mining and removal of the coal therefrom, and mine and remove the coal, upon payment of the damages caused thereby to the owner thereof or upon giving a good and sufficient bond or undertaldng in an action instituted in any competent court to ascertain and fix said damages: Provided, That the entryman or the owner under such limited patent shall have the right to mine coal for uso upon the land for domestic pur- poses at any time prior to the disposal by the United States of the coal deposits. Sec. 3. That the President of the United States shall appoint a commission consisting of three persons to inspect, classify, appraise, and value all of the lands described in section one of this act that shall not have been allotted in severalty to said Indians, said com- mission to be constituted as follows: One of the commissioners shall be a person holding tribal relations with said Indians, one a repre- sentative of the Interior Department, and one a resident citizen of the State of North Dakota. That within 20 days after their appoint- ment said commissioners shall meet and organize by the election of one of their number as chairman. The said commissioners shaU then proceed to personally inspect and classify and appraise, in 160- acre tracts, aU of the remaining lands described in section one of this act except section 16 and section 36 under such rules and regulations as the Secretary of the Interior may prescribe. In making such classification and appraisement said lands shall, without regard to the coal they may contain, be divided into the following classes: First, agricultural land of the first class; second, agricultural land of the second class; third, grazing land; fourth, timborland. That said commissioners shall be paid a salary of not to exceed $10 per day each while actually employed in the inspection and classification of said lands and necessary expenses, exclusive of subsistence, to be approved by the Secretary of the Interior, such inspection and classification to be completed within six months from the date of the organization of said commission. Sec. 4. That for the purpose of carrying into effect the provi- sions of this act the sum of $10,000, or so much thereof as may be necessary, is hereby appropriated out of any money in the Treasury not otherwise appropriated: Provided, That the said appropriation shall be reimbursed to the United States from the proceeds received from the sale of the lands described herein or from any money in the Treasury belonging to the Indians of Fort Berthold Indian Reserva- tion, North Dakota. 37 STAT. 631, APRIL 3, 1912. COAL DEPOSITS RESERVED— FORT BERTHOLD RESERVATION. JOINT RESOLUTION To authorize allotments to Indians of the Fort Berthold Indian Reservation, N. Dak., of lands valuable for coal. Resolved, etc., That allotments to the Indians of the Fort Ber- thold Indian Reservation, in the State of North Dakota, authorized 1032 UNITED STATES MINING STATUTES ANNOTATED. by section 2 of an act entitled ''An act to authorize the survey and allotment of lands embraced within the limits of the Fort Berthold Indian Reservation, in the State of North Dakota, and the sale and disposition of a portion of the surplus lands after allotment, and makmg appropriation and provision to carry the same into effect," approved June 1, 1910 (36 Stat. 455), may be made of lands classified as coal lands or valuable for coal, with a reservation, however, in any patent which may issue upon any such allotment, of the coal deposits in the lands allotted, and of the right to prospect for, mine, and re- move the same: Provided, That when such deposits are by Congress opened for disposition, any qualified coal claimant may enter upon these allotted lands for the purpose of prospecting for coal only after the approval by the Secretary of the Interior of a bond or undertaking given by such prospect or as security for the payment of all damages occasioned by reason of such prospecting. 37 STAT. 67, FEBRUARY 19, 1912. COAL AND ASPHALTUM— SALE OF SURFACE. AN ACT To provide for the sale of the surface of the segregated coal and asphalt lands of the Choctaw and Chickasaw Nations. Be it enacted, etc.. That the Secretary of the Interior is hereby authorized to sell at not less than the appraised price, to be fixed as hereinafter provided, the surface, leased and unleased, of the lands of the Choctaw and Chickasaw Nations in Oklahoma segregated and reserved by order of the Secretary of the Interior dated March 24, 1903, authorized by the act approved July 1, 1902. The surface herein referred to shall include the entire estate save the coal and asphalt reserved. Before offering such surface for sale the Secretary of the Interior, under such regulations as he may prescribe, shall cause the same to be classified and appraised by three appraisers, to be appointed by the President, at a compensation to be fixed by him, not to exceed for salary and expenses for each appraiser the sum of $15 per day for the time actually engaged in making such classifica- tion and appraisement. The classification and appraisement of the surface shall be by tracts, according to the Government survey of said lands, except that lands which are especially valuable by reason of proximity to towns or cities may, in the discretion of the Secretary of the Interior, be subdivided into lots or tracts containing not less than 1 acre. In appraising said surface the value of any improve- ments thereon belonging to the Choctaw and Chickasaw Nations, except such improvements as have been placed on coal or asphalt lands leased for mining purposes, shall be taken into consideration. The surface shall be classified as agricultural, grazing, or as suitable for town lots. The classification and appraisement provided for herein shall be completed within six months from the date of the passage of this act, shall be sworn to by the appraisers, and shall become effective when approved by the Secretary of the Interior: Provided, That in the proceedings and deliberations of said appraisers in the process of said appraisement and in the approval thereof the Choctaw and Chickasaw Nations may present for consideration facts, figures, and arguments bearing upon the value of said property. Sec. 2. That after such classification and appraisement has been made each holder of a coal or asphalt lease shall have a right for 60 INDIAN LANDS, PP. 052-1037. 1033 days, after notice in wriiino-, to piircliase, at the appraised value and upon the terms ancl conditions hereinafter prescri])ed, a sufhcic^nt amount of the surface of the land covered by his lease to embrace improvements actually used in present mining operations or neces- sary for future operations up to 5 per cent of such surface, the number, location, and extent of the tracts to be thus purchased to be approved by the Secretary^ of the Interior: Provided, That the Secretary of the Interior may, in his discretion, enlarge the amount of land to be purchased by any such lessee to not more than 10 per cent of such surface: Provided further, That such purchase shall be taken and held as a waiver by the purchaser of any and all rights to appro- priate to his use any other part of the surface of such land, except for the purpose of future operations, prospecting, and for ingress and egress, as hereinafter reserved : Provided further, That if any lessee shall fail to apply to purchase under the provisions of this section within the time specified the Secretary of the Interior may, in his discretion, with the consent of the lessee, designate and reserve from sale such tract or tracts as he may deem proper and necessary to embrace improvements actually used in present mining operations, or necessary for future operations, under any existing lease, and dis- pose of the remaining portion of the surface within such lease free and clear of any claim by the lessee, except for the purposes of future operations, prospecting, and for ingress and egress, as hereinafter reserved. Sec. 3. That sales of the surface under this act shall be upon the conditions that the Choctaw and Chickasaw Nations, their grantees, lessees, assigns, or successors, shall have the right at all times to enter upon said lands for the purpose of prospecting for coal or asphalt thereon, and also the right of underground ingress and egress, without compensation to the surface owner, and upon the further condition that said nations, their grantees, lessees, assigns, or successors, shall have the right to acquire such portions of the surface of any tract, tracts, or rights thereto as may be reasonably necessary for prospect- ing or for the conduct of mining operations or for the removal of de- posits of coal and asphalt upon paying a fair valuation for the portion of the surface so acquired. If the owner of the surface and the then owner or lessee of such mineral deposits shall be unable to agree upon a fair valuation for the surface so acquired, such valuation shall be determined by three arbitrators, one to be appointed, in writing, a copy to be served on the other party by the owner of the surface, one in like manner by the owner or lessee of the mineral deposits, and the third to be chosen by the two so appointed ; and in case tho two arbitrators so appointed should be unable to agree upon a third arbitrator within 30 days, then and in that event, upon the appli- cation of either interested party, the United States district judge in the district within which said land is located shall appoint the third arbitrator: Provided, That the owner of such mineral deposits or lessee thereof shall have the right of entry upon the surface so to be acquired for mining purposes immediately after the failure of the parties to agree upon a fair valuation and the appointment, as above provided, of an arbitrator by the said owner or lessee. Sec. 4. That upon the expiration of two years after the lands have been first offered for sale the Secretary of the Interior, under rules and regulations to be prescribed by him, shall cause to be sold to the 56974°— Bull. 94, pt.2— 15 14 1034 UNITED STATES MINING STATUTES ANNOTATED. highest bidder for cash the surface of any lands remaining unsold and of any surface lands forfeited by reason of nonpayment of any part of the purchase price, without regard to the appraised value thereof: Provided, That the Secretary of the Interior is authorized to sell at not less than the appraised value to the McAlester Country Club, of McAlester, Okla., the surface of not to exceed 160 acres in section 17, township 5" north, range 15 east: Provided further. That the mineral underlymg the surface of the lands condemned for the State peniten- tiary at McAlester, Okla., under the Indian appropriation act ap- proved March 3, 1909, shall be subject to condemnation, under the laws of the State of Oklahoma, for State penitentiary purposes: And provided further. That said mineral shall not be mined for other than State penitentiary purposes. Sec. 5. That the sales herein provided for shall be at public auc- tion under rules and regulations and upon terms to be prescribed by the Secretary of the Interior, except that no payment shall be deferred longer than two years after the sale is made. All agricul- tural lands shall be sold in tracts not to exceed 160 acres, and deeds shall not be issued to any one person for more than 160 acres of agri- cultural land, grazing lands in tracts not to exceed 640 acres, and lands especially valuable by reason of proximity to towns or cities may, in the discretion of the Secretary of the Interior, be sold in lots or tracts containing not less than 1 acre each. All deferred payments shall bear interest at 5 per cent per annum, and if default be made in any payment when due all rights of the purchaser thereunder shall, at the discretion of the Secretary of the Interior, cease and the lands shall be taken possession of by him for the benefit of the two nations, and the money paid as the purchase price of such lands shall be for- feited to the Choctaw and Chickasaw Tribes of Indians. Sec. 6. That if the mining trustees of the Choctaw and Chickasaw Nations and the three appraisers herein provided for, or a majority of the said trustees and appraisers, shall nnd that such tract or tracts can not be profitably mined for coal or asphalt and can be more advantageously disposed of by selling the surface and the coal and asphalt together, such tract or tracts may be sold in that manner, in the discretion of the Secretary of the Interior, and patents issued for said lands as provided by existing laws : Provided, That this sec- tion shall not apply to land now leased for the purpose of mining coal or asphalt within the segregated- and reserved area herein described. Sec. 7. That when full purchase price for any property sold herein is paid, the chief executives of the two tribes shall execute and deliver, with the approval of the Secretary of the Interior, to each purchaser an appropriate patent or instrument of conveyance conveying to the purchaser the property so sold, and all conveyances made under this act shall convey the fee in the land with reservation to the Choctaw and Chickasaw Tribes of Indians of the coal and asphalt in such land, and shall contain a clause or clauses reciting and containing the reservations, restrictions, covenants, and con- ditions under which the said property was sold, as herein provided, and said conveyances shall specifically provide that the reservations, restrictions, covenants, and conditions therein contained shall run with the land and bind the grantees, successors, representatives, and assigns of the purchaser of the surface: Provided, That the pur- chaser of the surface of any coal or asphalt land shall have the right INDIAN LANDS, PP. 952-1037. 1035 at any time boforo liiuil payinrnt is duo to pay the full purchase price on the surface of said coal or asphalt land, with accrued interest, and shall thereupon be entitled to patent therefor, as herein provided. Sec. 8. That there is hereby appropriated, out of any moneys in the Treasury not otherwise appropriated belonging to the Choctaw and Chickasaw Tribes of Indians, the sum of fifty thousand dollars to pay expenses of the classification, appraisement, and sales herein provided for, and the proceeds received from the sales of lands here- under shall be paid into the Treasury of the United States to the credit of the Choctaws and Chickasaws and disposed of in accordance with section 17 of an act entitled ''An act to provide for the final disposition of the affairs of the Five Civilized Tribes in Indian Ter- ritory, and for other purposes," approved April 26, 1906, and the Indian Appropriation Act approved March 3, 1911. Sec. 9. That the Secretary of the Interior be, and he is hereby, authorized to prescribe such rules, regulations, terms, and conditions not inconsistent with this act as he may deem necessary to carry out its provisions, including the establishment of an office during the sale of this land at McAlester, Pittsburg County, Okla. 37 STAT. 518, p. 534, ATJGITST 24, 1912. Amendment to 37 Stat. 67. COAL AND ASPHALT LANDS— SALE OF SURFACE. AN ACT Making appropriations for the current and contingent expenses of the Bureau of Indian Affairs, for fulfiUing treaty stipulations with various Indian tribes, for the fiscal year ending June 30, 1913. Be it enacted, etc., * * * That the act of Congress approved February 19, 1912 (37 Stat. 67), being ''An act to provide for the sale of the surface of the coal and asphalt lands of the Choctaw and Chickasaw Nations, and for other purposes," be, and the same is hereby, amended to provide that the classification and appraisement of such lands shall be com- pleted not later than December 1, 1912. 37 STAT. 78, APRIL 5, 1912. COAL LEASES— CHOCTAW AND CHICKASAW NATIONS. AN ACT Authorizing the Secretary of the Interior to permit the Missouri, Kansas & Texas Coal Co. and the Eastern Coal & Mining Co. to exchange certain lands em- braced within their existing coal leases in the Choctaw and Chickasaw Nations for other lands within said nations. Be it enacted, etc.. That the Secretary of the Interior be, and he hereby is, authorized and directed to permit the Missouri, Kansas & Texas Coal Co. to relinquish certain lands embraced in its existing Choctaw and Chickasaw coal lease, which have been demonstrated to be not valuable for coal, as follows: Southwest quarter of the northwest quarter, south half of the southeast quarter of the north- west quarter, northwest quarter of the southwest quarter, east half of the southwest quarter, west half of the southeast quarter, south half of the southeast quarter of the southeast quarter, section 35, township 6 north, range 18 east; north half of the northeast quarter of section 2, township 5, north, range 18 east; embracing 360 acres, more or less; and to include within the lease in lieu thereof the follow- ing-described land, which is within the segregated coal area and un- 1036 UNITED STATES MINING STATUTES ANNOTATED. leased: Northeast quarter of section 36; east half of the northwest quarter of section 36, township 6 north, range 18 east; southeast quarter of southwest quarter and south half of southeast quarter of section 25, township 6 north, range 18 east; embracing 360 acres, more or less. Sec. 2. That the Secretary of the Interior be, and he hereby is, authorized and directed to permit the Eastern Coal & Mining Co. to relinquish certain lands embraced in its existing Choctaw and Chickasaw coal lease, which have been demonstrated to be not valuable for coal, as follows: South half of the northwest quarter of the northwest quarter, southwest quarter of the northwest quarter, south half of the southeast quarter of the southeast quarter, northeast quarter of the southwest quarter of section 1, township 5 north, range 18 east; embracing 120 acres, more or less; and to include within the lease in lieu thereof the following-described land, which is within the segregated coal area and unleased: Southwest quarter of the southwest quarter of section 30, township 6 north, range 19 east; west half of the northwest quarter of section 31, township 6 north, range 19 east; embracing 120 acres, more or less. 37 STAT. 518, p. 531, ATTGUST 24, 1912. IMPROVEMENTS ON COAL LANDS. AN ACT Making appropriations for the current and contingent expenses of the Bureau of Indian Affairs, for fulfilling treaty stipulations with various Indian tribes, for the fiscal year ending June 30, 1913. Be it enacted, etc., That the following sums be and they are hereby, appropriated, out of any money in the Treasury not otherwise appro- priated, for the purpose of paying the current and contingent ex- penses of the Bureau of Indian Affairs, for fulfilling treaty stipulations with various Indian tribes, * * * Sec. 18. For expenses of administration of the affairs of the Five Civilized Tribes, Oklahoma, and the compensation of employees, $200,000. To enable the Secretary of the Interior to make the appraisement and sale hereinafter provided, $5,000: Provided, That the houses and other valuable improvements, not including fencing and tillage, placed upon the segregated coal and asphalt lands in the Choctaw and Chickasaw Nations, in Oklahoma, by private individuals, while in actual possession of said land and prior to February 19, 1912, and not purchased by the Indian Nations, shall be appraised inde- pendently of the surface of the land on which they are located and shall be sold with the land at public auction at not less than the combined appraised value of the improvements and the surface of the land upon which they are located. Said improvements shall be sold for cash and the appraisement and sale of the same shall be made under the direction of the Secretary of the Interior and 95 per centum of the amount realized from the sale of the improvements shall be paid over under the direction of the Secretary of the Interior to the owner of the improvements and the appropriation hereinbefore made for this purpose shall be reimbursed out of the 5 per centum retained from the sale of the said improvements: Provided, That INDIAN LANDS, PP. 052-1037. 1037 any improvements remaiinn<2: unsold at the expiration of two years from the time when lirst offered for sale shall be sold under such regulations and terms of sale, independent of their appraised value, as the Secretary of the Interior may prescribe: Provided further. That persons owning improvements so appraised may remove the same at any time prior to the sale thereof, in which event the appraised value of the improvements and land shall be reduced by deducting the appraised value of the improvements so removed: Provided further. That this section shall not apply to improvements placed on said lands by coal and asphalt lessees for mining purposes, but improvements located on lands leased for mining purposes belonging to, or heretofore paid for by, the Choctaw and Chickasaw Nations shall be appraised and the appraised value thereof shall be added to the appraised value of the land at the time of the sale: Provided further. That where any cemetery now exists on the said segregated coal and asphalt lands, the surface of the land within said cemetery, together with the land adjoining the same, where necessary, not ex- ceeding 20 acres in the aggregate to any one cemetery, and where a church was in existence on said lands on February 19, 1912, land not exceeding 1 acre for each church may, in the discretion of the Secretary of the Interior, be sold to the proper party, association, or corporation, under such terms, conditions, and regulations as he may prescribe, provided application to purchase the same for such purpose is made within 60 days from the date of the approval of this act. LAND DEPARTMENT. 9 STAT. 395, MARCH 3, 1849. DEPARTMENT OF THE INTERIOR— SUPERVISION OF MINERALS TRANSFERRED TO. AN ACT To establish the home department (Interior), etc. Be it enacted, etc., That from and after the passage of this act there shall be created a new executive department of the Government of the United States, to be called the Department of the Interior. ******* Sec. 8. That the supervisory and appellate powers now exercised by the Secretary of the Treasury over the lead and other mines of the United States, and over the accounts of the agents thereof , shall be exercised by the Secretary of the Interior; who shall sign all requisi- tions for the advance or payment of money out of the Treasury, on estimates or accounts, subject to the same adjustment or control now exercised on similar estimates or accounts by the Second Auditor and Second Comptroller of the Treasury. ******* See sec. 441 R. S., p. 829. 31 STAT. 960, p. 1003, MARCH 3, 1901. MINERAL SURVEYORS- STATIONERY. AN ACT Making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June 30, 1902, etc. Be it enacted, etc.. That the following sums be, and the same are hereby, appropriated, out of any money in the Treasury not other- wise appropriated, in full compensation for the service of the fiscal year ending June 30, 1902, for the objects hereinafter expressed, namely: * * * Provided, That the stationery and drafting in- struments hereafter purchased for exclusive use in the offices of the surveyors general in the preparation of plats and field notes of mineral surveys, as also the rent of additional quarters that may be necessary for the execution of such work, shall be paid for out of the fund created by deposits made by individuals to the credit of the United States to cover the cost of office work on such mineral surveys. A. PAYMENT OF EXPENSES OF PLATS AND FIELD NOTES. By this statute the stationery and drafting instruments purchased exclusively for use in the preparation of plats and field notes of mineral surveys as well as the rent of additional quarters necessary for such work must be paid out of the mineral survey deposit funds. Hanson, In re, 38 L. D. 469, p. 471. 1038 LEAD MINES. See salines and salt springs: 2 Stat, 445, p. 1197; 3 Stat. 256, p. 1199; 5 Stat. 507, p. 1203. See settlors' relief, 3 Stat. 260, p. 1215. See Stale grants, p. 1239. 3 STAT. 332, APRIL 29, 1816. LEAD MINES AND SALINES— ILLINOIS, MICHIGAN, AND MISSOURI. AN ACT To authorize the survey of 2,000,000 acres of the public lands, in lieu of that quantity authorized to be surveyed, in the Territory of Michigan, aa military bounty lands. Be it enacted, etc., That so much of the ''Act to provide for desig- nating, surveying, and granting the military bounty lands, " approved the 6th day of May, 1812, as authorizes the President of the United States to cause to be surveyed 2,000,000 acres of the lands of the United States, in the Territory of Michigan, for the purpose of satisfying the bounties of lands promised to the noncommissioned officers and soldiers of the United States, be, and the same is hereby repealed ; and in lieu of the said 2,000,000 acres of land the President of the United States be, and he is hereby authorized to cause to be sur- veyed, of the lands of the United States fit for cultivation not other- wise appropriated, and to which the Indian title is extinguished, 1,500,000 acres in the Illinois Territory, and 500,000 acres in the Missouri Territory north of the river Missouri; the said lands shall be divided into townships and subdivided into sections and quarter sections, each quarter section to contain, as near as possible, 160 acres, in the manner prescribed by law for surveying and subdividing the other lands of the United States; and the land thus surveyed, with the exception of the salt springs and lead mines therein, and of the quantities of lands adjacent thereto as may be reserved for the use of the same by the President ot the United States, and the section number 16 in every township, to be granted to the inhabitants of such township for the use of public schools, shall, according to the provisions of the above-recited act, be set apart for the purpose of satisfying the bounties of land promised to the noncommissioned officers and soldiers of the late Army of the United States, their heirs and legal representatives, by the act entitled ''An act for completing the existing military establishments, approved the 24th day of December, 1811," and by the act entitled "An act to raise an addi- tional military force," approved January 11, 1812. i STAT. 364, MARCH 3, 1829. RESERVED LEAD MINES— SALE— MISSOURI. AN ACT To authorize the President of -the United States to cause the reserved lead mines in the State of Missouri to be exposed to public sale. Be it enacted, etc., That the President be, and he hereby is, author- ized, at any time that he shall think proper, to cause the reserved 1039 1040 UNITED STATES MINING STATUTES ANNOTATED. lead mines, and contiguous lands, in the State of Missouri, belonging to the United States, and unclaimed by individuals, to be exposed to sale, in the same manner that other public lands are authorized by law to be sold, except as hereinafter provided. Sec. 2. And be it further enacted. That six months' notice, at least, of the times and places of the said sales, shall be given in such newspapers of general circulation in such of the States as the President may thmk expedient, with a brief description of the mineral region in Missouri, and of the lands to be offered for sale, showing the number and the locaUties of the different mines now known, the probability of discovering others, the quality of the ore, the facilities for working it, the further facilities, if any, for manufactories of shot, sheet lead, and paints, and the means and expense of transporting the whole to the principal markets in the United States. Sec. 3. And be it further enacted, That in all cases of confirmation or sales of lands in Missouri, reported to contain lead ore, the patent shall be issued to the person in whose favor the confirmation has been made, or to the purchaser from the United States, or their heii*s or assignees, as in ordinary cases of confirmation or sales. A. LEAD MINES— DISPOSAL. B. SALT SPRINGS— DISPOSAL. C. LEASING SALINES AND LEAD MINES. A. LEAD MINES— DISPOSAL. By this act Congress directed an absolute disposition of the reserved lead mines and contiguous lands in the State of Missouri. Lease of Mineral Lands, In re, 4 Op, Atty. Genl. 480, p. 488, B. SALT SPRINGS— DISPOSAL. By this act Congress directed an absolute disposition by sale of the reserved salt springs and contiguous lands in the State of Missouri. Lease of Mineral Lands, In re, 4 Op, Atty. Genl. 480, p. 488, C. LEASING SALINES AND LEAD MINES. The repeated legislation by Congress on the subject of salines and lead mines, with the full knowledge of the exercise of the power of leasing such lands west of the Mississippi River, has established the power and usage too strongly to be disturbed. Lease of Lead Mines, In re, 4 Op, Atty, Genl, 499, 4 STAT. 686, JUNE 26, 1834. SALE OF LEAD MINES— ILLINOIS AND MISSOURI. AN ACT To create additional land districts in Illinois and Missouri and in territory north of Illinois, Be it enacted, etc., * * * Sec. 4. And be it further enacted, That the President shall be authorized, so soon as the survey shall have been completed, to cause to be offered for sale, in the manner prescribed by law, all the lands Ijing in said land districts, at the land offices in the respective dis- tricts in which the land so offered is embraced, reserving only sec- LEAD MINES, PP. 1038-1042. 1041 tion IG in each township, tho tract r(>s(*rv(Ml for the villa4;3-1052. 1047 f. rUlOlUTY OF LOCATION — PROTECTION. The locator of au oil location is protected in Ids possession if he diligently prosecnt(?8 the digging of wells, but he must mark the boundaries of his location and post and rt^cord his notice as required, but even then he acquires no vested right as against the United States. McLemore v. Express Oil Co., 158 Cal. 559, p. 562. An attempted mineral location under the placer laws of lands supposed to contain oil, but where no discovery has been made, will not be effective as against a homestead entry, as no vested right is initiated prior to the discovery of oil, and while a mining locator who is actually in possession of the land and diligently prosecuting his efforts to make a discovery of oil will be protected from any secret or fraudulent entry by another, yet such diligent prosecution of the work does not mean the mere doing of assessment work or an attempt to hold the lands by means of a cabin, or unused ap- pliances, or the construction of a reservoir and sump hole, but it means diligent, continuous prosecuting of the work with the expenditure of whatever money may be necessary to the discovery of oil. Hirshfeld v. Chrisman, 40 L. D. 112, p. 114. See McLemore v. Express Oil Co., 158 Cal. 559. g. FIRST LOCATOR NOT A DISCOVERER — KNOWLEDGE NECESSARY. A locator of a mining claim need not necessarily be the first discoverer of a vein or lode, but if he knows at the time of making his location that tliere had been a dis- covery within the limit of his location he may base his location thereon. McMillen v. Ferrum Min. Co., 32 Colo. 38, p. 43. Nevada Sierra Oil Co. v. Home Oil Co., 98 Fed. 673. See Conway v. Hart, 129 Cal. 480. Wenner v. McNulty, 7 Mont. 30. O'Donnell v. Glenn, 8 Mont. 248. Hayes v. Lavagnino, 17 Utah, 185. While it is not necessary that a locator should be the first discoverer of mineral upon land in order that the prior discovery by another will inure to his benefit, yet it must have been known, adopted, and claimed by him. Bay V. Oklahoma Southern Gas, etc., Min. Co., 13 Okla. 425, p. 437. See Olive Land & Dev. Co., 103 Fed. 568. h. ACREAGE — ONE DISCOVERY. A placer claim is limited to 20 acres to each individual locator, and 160 acres is the aggregate that may be located by an association of persons, but one discovery is suffi- cient for the entire claim even if it consists of more than 20 acres. Whiting V. Straup, 17 Wyo. 1, p. 20. 3. CONTEST WITH HOMESTEAD CLAIMANT. A mineral claimant who has not made a valid location prior to a homestead entry must contest the adverse homestead entry and secure its cancellation, and until this is done he can not jointly occupy the land with the homesteader, as there can not be two valid entries on the same land at the same time, nor can there be a valid mineral location and a valid homestead entry. Bay V. Oklahoma Southern Gas, etc., Min. Co., 13 Okla. 425, p. 435. This act does not authorize or justify a person seeking to locate an oil claim to enter upon land held under an agricultural entry, for the purpose of exploiting such land for the purpose of testing its mineral value. McLemore v. Express Oil Co., 158 Cal. 559, p. 566. 1048 UNITED STATES MINING STATUTES ANNOTATED. 4. HEARING TO DETERMINE CHARACTER OF LAND. The department may order a hearing to determine whether lands in controversy were oil lands and were known to be such at the time the proof of publication and posting of notice "were completed, this being the time when the rights of the applicant vested. Hirshfeld v. Chrisman, 40 L. D. 112, p. 116. See Harkrader v. Goldstein, 31 L. D. 87, p. 94. 32 STAT. 825, FEBRTJARY 12, 1903. OIL-MINING CLAIMS— ASSESSMENT WORK. AN ACT Defining what shall constitute and providing for assessments on oil-mining claims. Be it enacted, etc., That where oil lands are located under the pro- visions of sections 2329-2333, Revised Statutes of the United States, as placer mining claims, the annual assessment labor upon such claims may be done upon any one of a group of claims lying contig- uous and owned by the same person or corporation, not exceeding five claims in all: Provided, That said labor will tend to development or to determine the oil-bearing character of such contiguous claims. 36 STAT. 1015, MARCH 2, 1911. OIL AND GAS LANDS— LOCATORS PROTECTED. AN ACT To protect good faith locators of oil and gas lands. Be it enacted, etc.. That in no case shall patent be denied to or for any lands heretofore located or claimed under the mining laws of the United States containing petroleum, mineral oil, or gas solely because of any transfer or assignment thereof or of any interest or interests therein by the original locator or locators, or any of them, to any quahfied persons or person, or corporation, prior to discovery of oil or gas therein, but if such claim is in all other respects vahd and regular, patent therefor not exceeding 160 acres in any one claim shall issue to the holder or holders thereof, as in other cases: Pro- vided, however, That such lands were not at the time of inception of development on or under such claim withdrawn from mineral entry. See sec. 2329 R. S., p. 507. A. OIL AND GAS LANDS. 1. DEFECTIVE TITLE CURED AND TRANSFERS PROTECTED. This act was designed to cure defective titles to oil or gas land claimed where trans- fers had been made prior to discovery; accordingly the act can not apply where no work was being prosecuted which led to the discovery of oil and where there was no inception of development work on the claim at the date of departmental withdrawal, September 27, 1909. Lowell, In re, 40 L. D. 303, p. 305. Under this act patent is not to be denied for lands located under the mining laws contaiidng petroleum or gas because of any transfer thereof, provided such lands were not at the time of the inception of the claim withdrawn from mineral entry. Graham, In re, 40 L. D. 128, p. 129. OIL AND PHOSPHATE LANDS, PP. 1043-1052. 1049 39 STAT. 708, AUGUST 25; 1914 (PUBLIC— NO. 187.— 63D CONGRESS). OIL AND GAS LANDS— LOCATORS PROTECTED— AMENDMENT. AN ACT To amend an Act entitled **An act to protect the locators in good faith of oil and gas lands who shall have effected an actual discovery of oil or gas on the public lands of the United States, or their successors in interest," approved March 2, 1911. Be it enacted, etc., That an act entitled ''An act to protect the locators in ^ood faith of oil and gas lands who shall have effected an actual discovery of oil or gas on the public lands of the United States, or their successors in interest," approved March 2, 1911, be amended by adding thereto the following section: ''Sec. 2. That where applications for patents have been or may hereafter be offered for any oil or gas land included in an order of withdrawal upon which oil or gas has heretofore been discovered, or is being produced, or upon which drilling operations were in actual progress on October 3, 1910, and oil or gas is thereafter discovered thereon, and where there has been no final determination by the Secretary of the Interior upon such applications for patent, said Secretary, in his discretion, may enter into agreements, under such conditions as he may prescribe with such applicants for patents in possession of such land or any portions thereof, relative to the disposition of the oil or gas produced therefrom or the proceeds thereof, pending final determination of the title thereto by the Secre- tary of the Interior, or such other disposition of the same as may be authorized by law. Any money which may accrue to the United States under the provisions of this act from lands within the Naval petroleum reserves shall be set aside for the needs of the Navy and deposited in the Treasury to the credit of a fund to be known as the Navy petroleum fund, which fund shall be applied to the needs of the Navy as Congress may from time to time direct, by appropriation or otherwise. ' ' 37 STAT. 496, AUGUST 24, 1912. AGRICULTURAL ENTRIES— OIL AND GAS RESERVED. AN ACT To provide for agricultural entries on oil and gas lands. Be it enacted, etc., That from and after the passage of this act unreserved public lands of the United States in the State of Utah, which have been withdrawn or classified as oil lands, or are valuable for oil, shall be subject to appropriate entry under the homestead laws by actual settlers only, the desert-land law, to selection by the State of Utah under grants made by Congress and under section 4 of the act approved August 18, 1894 (28 Stat. 372), known as the Carey Act, and to withdrawal under the act approved June 17, 1902 (32 Stat. 388), known as the reclamation act, and to disposition in the discretion of the Secretary of the Interior under the law providing for the sale of isolated or disconnected tracts of pubhc lands, whenever such entry, selection, or withdrawal shall be made with a view of obtaining or passing title, with a reservation to the United States of the oil and gas in such lands and of the right to prospect for, mine, and remove the same. But no desert entry made under the provi- sions of this act shall contain more than 160 acres: Provided, That those who have initiated nonmineral entries, selections, or locations in good faith, prior to the passage of this act, on lands withdrawn or 56974°— Bull. 94, pt 2—15 15 1050 UNITED STATES MINING STATUTES ANNOTATED. classified as oil lands, may perfect the same under the provisions of the laws under which said entries were made, but shall receive the limited patent provided for in this act. Sec. 2. That any person desiring to make entry under the home- stead laws or the desert-land law, and the State of Utah desiring to make selection under section 4 of the act of August 18, 1894, known as the Carey Act, or under grants made by Congress, and the Secre- tary of the Interior in withdrawing under the reclamation act lands classified as oil lands, or valuable for oil, with a view of securing or passing title to the same in accordance with the provisions of said acts, shall state in the application for entry, selection, or notice of withdrawal that the same is made in accordance with and subject to the provisions and reservations of this act. Sec. 3. That upon satisfactory proof of full compliance with the provisions of the laws under which entry is made and of this act the entryman shall be entitled to a patent to the land entered by him, which patent shall contain a reservation to the United States of all the oil and gas in the lands so patented, together with the right to prospect for, mine, and remove the same upon rendering compensa- tion to the patentee for all damages that may be caused by prospect- ing for and removing such oil or gas. The reserved oil and gas de- posits in such lands shall be disposed of only as shall be hereafter expressly directed by law. 37 STAT. 687, FEBRUARY 27, 1913. OIL AND PHOSPHATE LANDS— SELECTION BY IDAHO. AN ACT To provide for selection by the State of Idaho of phosphate and oil lands. Be it enacted, etc., That from and after the passage of this act unreserved public lands of the United States in the State of Idaho which have been withdrawn or classified as phosphate or oil lands, or are valuable for phosphates or oil, shall, if otherwise available under existing law, be subject to selection by the State of Idaho under indemnity and other land grants made to it by Congress whenever such selections shaU be made with a view of obtaining or passing title, with a reservation to the United States of the phosphates and oil in such lands, and of the right to prospect for, mine, and remove the same. Sec. 2. That the State of Idaho, when applying to select lands classified as phosphate or oil lands, or valuable for phosphates or oil, with a view to securing or passing title to the same in accordance with the provisions of the indemnity and other granting acts, shall state in the application for selection that same is made in accordance with and subject to the provisions and reservations of this act. Sec. 3. That upon satisfactory proof of full compliance with the provisions of the laws under which selection is made and this act, the State shaU, upon approval of the selection by the Secretary of the Interior, be entitled to have the lands certified to it, with a reserva- tion to the United States of all the phosphates and oil in the land so certified, together with the right in the United States, or persons authorized by it, to prospect for, mine, and remove the same; but before any person not acting for the United States shaU be entitled to enter upon the lands certified for the purpose of prospecting for OIL AND PHOSPHATE LANDS, PP. 1043-1052. 1051 phosphiitos or oil he shall furnish, subject to approval by the Secre- tary of the Interior, a bond or undertaking as security for the J)ay- ment of all damages to the crops and improvements on said lancfs by reason of such prospecting for phosphates or oil. Any person who has acquired from the United States the oil or phosphate deposits in any such land, or the right to mine or remove tne same, may reenter and occupy so much of tlie surface thereof as may be required for all purposes reasonably incident to tlie mining and removal of the oil or phosphate therefrom and mine and remove the oil or phosphate upon payment of the damages caused thereby to the owner thereof, or upon giving a good and sufficient bond or undertaking in an action insti- tuted in any competent court to ascertain and fix said 'damages: Pro- vided, That nothing herein contained shall be held to deny or abridge the right of the State of Idaho to present and have prompt consider- ation of applications to select lands, which have been classified as oil or phosphate lands, with a view to disproving such classification and securing a certificate without reservation: And provided further, That the reserved phosphate and oil deposits in approved selections under this act shall not be subject to exploration or entry, other than by the United States, except as hereinafter authorized by Congress. 39 STAT. 509, JULY 17, 1914 (PUBLIC— NO. 128— 63d CONGRESS). OIL AND PHOSPHATE LANDS— AGRICULTURAL ENTRY. AN ACT To provide for agricultural entry of lands withdrawn, classified, or reported as containing phosphate, nitrate, potash, oil, gas, or asphaltic minerals. Be it enacted, etc., That lands withdrawn or classified as phos- phate, nitrate, potash, oil, gas, or asphaltic minerals, or which are valuable for those deposits, shall be subject to appropriation, location, selection, entry, or purchase, if otherwise available, under the non- mineral land laws of the United States, whenever such location, selec- tion, entry, or purchase shall be made with a view of obtaining or passing title with a reservation to the United States of the deposits on account of which the lands were withdrawn or classified or reported as valuable, together with the right to prospect for, mine, and remove the same; but no desert entry made under the provisions of this act shall contain more than 160 acres: Provided, That aU applications to locate, select, enter, or purchase under this section shall state that the same are made in accordance with and subject to the provisions and reservations of this act. Sec. 2. That upon satisfactory proof of full compliance with the provisions of the laws under which the location, selection, entry, or urchase is made, the locator, selector, entryman, or purchaser shall e entitled to a patent to the land located, selected, entered, or pur- chased, which patent shall contain a reservation to the United States of the deposits on account of which the lands so patented were withdrawn or classified or reported as valuable, together with the right to prospect for, mine, and remove the same, such deposits to be subject to disposal by the United States only as shall be hereafter expressly directed by law. Any person qualified to acquire the reserved deposits may enter upon said lands with a view of prospect- ing for the same upon the approval by the Secretary of the Interior of a bond or undertaking to be filed with him as security for the 1052 UNITED STATES MINING STATUTES ANNOTATED. payment of all damages to the crops and improvements on such lands by reason of such prospecting, the measure of any such damage to be fixed by agreement of parties or by a court of competent juris- diction. Any person who has acquired from the United States the title to or the right to mine and remove the reserved deposits, should the United States dispose of the mineral deposits in lands, may reenter and occupy so much of the surface thereof as may be required for all purposes reasonably incident to the mining and removal of the minerals therefrom, and mine and remove such minerals, upon payment of damages caused thereby to the owner of the land, or upon giving a good and sufficient bond or undertaking therefor in an action instituted in any competent court to ascertain and fix said damages: Provided, That nothing herein contained shall be held to deny or abridge the right to present and have prompt con- sideration of applications to locate, select, enter, or purchase, under the land laws of the United States, lands which have been withdrawn or classified as phosphate, nitrate, potash, oil, gas, or asphaltic mineral lands, with a view of disproving such classification and securing patent without reservation, nor shall persons who have located, selected, entered, or purchased lands subsequently with- drawn, or classified as valuable for said mineral deposits, be debarred from the privilege of showing, at any time before final entry, pur- chase, or approval of selection or location, that the lands entered, selected, or located are in fact nonmineral in character. Sec. 3. That any person who has, in good faith, located, selected, entered, or purchased, or any person who shall hereafter locate, select, enter, or purchase, under the nonmineral land laws of the United States, any lands which are subsequently withdrawn, classi- fied, or reported as being valuable for phosphate, nitrate, potash, oil, gas, or asphaltic minerals, may, upon application therefor, and making satisfactory proof of compliance with the laws under which such lands are claimed, receive a patent therefor, which patent shall contain a reservation to the United States of all deposits on account of which the lands were withdrawn, classified, or reported as being valuable, together with the right to prospect for, mine, and remove the same. See page 1221. PHILIPPINE ISLANDS MINING ACT. 31 STAT. 895, p. 910, MARCH 2, 1901. PHILIPPINE ISLANDS— MINING RIGHTS. AN ACT Making appropriations for the support of the Army for the fiscal year ending June 30, 1902. Be it enacted, etc., * * * All military, civil, and judicial powers necessary to govern the Philippine Islands, acquired from Spain by the treaties, * * * Until a permanent government shall have been established in said archipelago full reports shall be made to Congress on or before the first day of each session of all legislative acts and proceedings of the temporary government instituted under the provisions hereof; and full reports of the acts and doings of said government, and as to the condition of the archipelago, and of its people, shall be made to the President, including all information which may be useful to the Congress in providing for a more permanent government: Provided, That no sale or lease or other disposition of the public lands or the tim- ber thereon or the mining rights therein shall be made : * * * A. UNOCCUPIED GROUND— ADVERSE CLAIM. There can be no adverse claim under this act where the grounds are not unoccu- pied. Reavis v. Franza, 215 U. S. 16, p. 24. 32 STAT. 697-710 (ORIGINAL ACT), JULY 1, 1902; 33 STAT. 689 (AMENDMENT), FEBRUARY 6, 1905. MINING RIGHTS AND CLAIMS. AN ACT Temporarily to provide for the administration of the affairs of civil govern- ment in the Philippine Islands, and for other purposes, approved July 1, 1902, as amended by Public — No. 43, approved February 6, 1905. Note.— The sections of the origmal act and of the amended act are here combined. Be it enacted, etc., * * * Sec. 12. That all the property and rights which may have been acquired in the Philippine Islands by the Ignited States under the treaty of peace with Spain, signed December 10, 1898, except such land or other property as shaU be designated by the President of the United States for military and other reservations of the Govern- ment of the United States, are hereby placed under the control of the government of said islands to be administered for the benefit of the inhabitants thereof, except as provided in this act. Sec. 13. That the government of the Philippine Islands, subject to the provisions of this act and except as herein provided, shall 1053 1054 UNITED STATES MINING STATUTES ANNOTATED. classify according to its agricultural character and productiveness, and shaU immediately make rules and regulations for the lease, sale, or other disposition of the public lands other than timber or mineral lands, but such rules and regulations shall not go into effect or have the force of law until they have received the approval of the President and when approved by the President they shall be sub- mitted by him to Congress at the beginning of the next ensuing session thereof and unless disapproved or amended by Congress at said session they shall at the close of such period have the force and effect of law in the Philippine Islands: Provided, That a single homestead entr}^ shall not exceed 16 hectares in extent. Sec. 14. That the government of the Philippine Islands is hereby authorized and empowered to enact rules and regulations and to prescribe terms and conditions to enable persons to perfect their title to public lands in said islands, who, prior to the transfer of sovereignty from Spain to the United States, had fuIfiUed all or some of the conditions required by the Spanish laws and royal decrees of the Kingdom of Spain for the acquisition of legal title thereto yet failed to secure conveyance of title; and the Philippine Commission is authorized to issue patents, without compensation, to any native of said islands, conveying title to any tract of land not more than 16 hectares in extent, which were public lands and had been actually occupied bv such native or his ancestors prior to and on the 13th of August, 1S98. vSec. 15. That the government of the Philippine Islands is hereby authorized and empowered, on such terms as it may prescribe, by general legislation, to provide for the granting or sale and convey- ance to actual occupants and settlers and other citizens of said islands such parts and portions of the public domain, other than timber and mineral lands, of the United States in said islands as it may deem wise, not exceeding 16 hectares to any one person and for the sale and conveyance of not more than 1,024 hectares to any corpora- tion or association of persons: Provided, That the grant or sale of such lands, whether the purchase price be paid at once or in partial payments, shall be conditioned upon actual and continued occupancy, improvement, and cultivation of the premises sold for a period of not less than five years, during which time the purchaser or grantee can not alienate or encumber said land or the title thereto; but such restriction shall not apply to transfers of rights and title of inheri- tance under the laws for the distribution of the estates of decedents. MINERAL LANDS. Sec. 20. That in all cases public lands in the Philippine Islands valuable for minerals shall be reserved from sale, except as otherwise expressly directed by law. Sec. 21. That all valuable mineral deposits in public lands in the Philippine Islands, both surveyed and unsurveyed, are hereby declared to be free and open to exploration, occupation, and pur- chase, and the land in which they are found to occupation and pur- chase, by citizens of the United States, or of said islands; Provided, That when on any lands in said islands entered and occupied as agricultural lands under the provisions of this act, but not patented, PHILIPPINE ISLANDS MINING ACT, PP. 1053-1067. 1055 mineral deposits have been found, (he working of such mineral deposits is hereby forbidden until the person, association, or cor- poration who or wliich has entered and is occupying such lands shall have paid to the Government of said islands such additional sum or sums as will make the total amount paid for the mineral claim or claims in which said deposits are located equal to the amount charged by the Government for the same as mineral claims. Sec. 22. That mining claims upon land containing veins or lode of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin, copper, or other valuable deposits located after the passage of this act, whether located by one or more persons qualified to locate the same under the preceding section, shall be located in the following manner and under the following conditions : Any person so qualified desiring to locate a mineral claim shall, subject to the provisions of this act with respect to land which may be used for mining, enter upon the same and locate a plat (feet in original act) of ground measuring, where possible, but not exceeding 300 meters in length by 300 meters in breadth, in as nearly as possible a rectangular form; that is ot say, all angles shall be right angles, except in cases where a boundary line of a previously surveyed claim is adopted as common to both claims, but the lines need not necessarily be meridional. In defining the size of a mineral claim it shall be measured horizontally, irre- spective of inequalities of the surface of the ground. Sec. 23. That a mineral claim shall be marked by two posts, placed as nearly as possible on the line of the ledge or vein, and the posts shall be numbered 1 and 2, and the distance between posts numbered 1 and 2 shall not exceed 300 meters, the line between posts numbered 1 and 2 to be known as the location line; and upon posts numbered 1 and 2 shall be written the name given to the mineral claim, the name of the locator, and the date of the location. Upon post numbered 1 there shall be written, in addition to the foregoing, '^Initial post," the approximate compass bearing of post numbered 2, and a statement of the number of meters (feet in original act) lying to the right and to the left of the line from post numbered 1 to post numbered 2, thus Initial post. Direction of post numbered 2 meters of this claim lie on the right and meters on the left of the line from number 1 to number 2 post." All the particulars required to be put on number 1 and number 2 posts shall be furnished by the locator to the provincial secretary, or such other officer as by the Philippine Government may be described as mining recorder, in writing, at the time the claim is recorded, and shall form a part of the record of such claim. Sec. 24. Ttiat when a claim has been located the holder shall immediately mark the line between posts numbered 1 and 2 so that it can be distinctly seen. The locator shall also place a post at the point where he has found minerals in place, on which shall be written ''Discovery post:" Provided, That wlien the claim is surveyed the surveyor shall be guided by the records of the claim, the sketch plan on the back of the declaration made by the owner when the claim was recorded, posts numbered 1 and 2, and the notice on number 1, the initial post. 1056 UNITED STATES MINING STATUTES ANNOTATED. EXAMPLES OF VARIOUS MODES OP LAYING OUT CLAIMS. 1. 2. No. 2 post. -O — 150 meters. Discovery ^ post. ^ 150 m. 150 m. -O- No. 2 post. -o — loom. 200 m. O Discovery post, o -O- 200 m. 225 m. No. 2 post. -o- 75 m. Discovery post. O -O- No. 1 post. No. 1 post. No. 1 post. Note. — See section 8 of Act No. 624 of the Philippine Commission (see page 50), which requires corner posts in addition to above. Sec. 25. That it shall not be lawful to move number 1 post, but number 2 post may be moved by the deputy mineral surveyor when the distance between posts numbered 1 and 2 exceeds 300 meters (1,000 feet in original act) in order to place number 2 post 300 meters from number 1 post on the line of location. When the distance between posts numbered 1 and 2 is less than 300 meters, the deputy mineral surveyor shall have no authority to extend the claim beyond number 2. Sec. 26. That the "location line" shall govern the direction of one side of the claim, upon which the survey shall be extended accord- ing to this act. Sec. 27. That the holder of a mineral claim shall be entitled to all minerals which may lie within his claim, but he shall not be entitled to mine outside the boundary lines of his claim continued vertically downward: Provided, That this act shall not prejudice the rights of claim owners nor claim holders whose claims have been located under existing laws prior to this act. Sec. 28. That no mineral claim of the full size shall be recorded without the application being accompanied by an affidavit made by the applicant or some person on his behalf cognizant of the facts — that the legal notices and posts have been put up; that mineral has been found in place on the claim proposed to be recorded; that the ground applied for is unoccupied by any other person. In the said declaration shall be set out the name of the applicant and the date of the location of the claim. The words written on the number 1 and number 2 posts shall be set out in full, and as accurate a descrip- tion as possible of the position of the claim given with reference to some natural object or permanent monuments. Sec. 29. That no mineral claim which at the date of its record, is known by the locator to be less than a full-sized mineral claim, shall be recorded without the word "fraction" being added to the name of the claim, and the application being accompanied by an affidavit or solemn declaration made by the apphcant or some person on his behalf cognizant of the facts: That the legal posts and notices have been put up; that mineral has been found in place PHILIPPINE ISLANDS MINING ACT, PP. 105.3-1007. 1057 on the fractional claim proposed to be recorded; tliat llie ground applied for is unoccupied by any otlier person. In the said declara- tion shall be set out the name of the applicant and the date of the location of the claim. The words written on the posts numbei-ed 1 and 2 shall be set out in full, and as accurate a description as possi- ble of the position of tlie claim given. A sketch plan shall be drawn by the applicant on the back of the declaration, showing as near as may be the position of the adjoining mineral claims and the shape and size, expressed in meters, of the claim or fraction desired to be recorded: Provided, That the failure on the part of the locator of a mineral claim to comply with any of the foregoing provisions of this section shall not be deemed to invalidate such location if, upon the facts, it shall appear that such locator has actually discovered mineral in place on said location and that there has been on his part a bona fide attempt to comply with the provisions of this act, and that the nonobservance of the formalities hereinbefore referred to is not of a character calculated to mislead other persons desiring to locate claims in the vicinity. Sec. 30. That in cases where, from the nature or shape of the ground, it is impossible to mark the location line of the claim as provided by this act then the claim may be marked by placing posts as nearly as possible to the location line, and noting the dis- tance and direction such posts may be from such location line which distance and direction shall be set out in the record of the claim. Sec. 31. That every person locating a mineral claim shall record the same with the provincial secretary, or such other officer as by the Government of the Philippine Islands may be described as mining recorder of the district within which the same is situate, within 30 days after the location thereof. Such record shall be made in a book to be kept for the purpose in the office of the said provincial secretary or such other officer as by said Government described as mining recorder, in which shall be inserted the name of the claim, the name of each locator, the locality of the mine, the di- rection of the location line, the length in meters (feet in original act), the date of location, and the date of the record. A claim which shall not have been recorded within the prescribed period shall be deemed to have been abandoned. Sec. 32. That in case of any dispute as to the location of a mineral claim the title to the claim shall be recognized according to the priority of such location, subject to any question as to the validity of the record itself and subject to the holder having complied with all the terms and conditions of this act. Sec. 33. That no holder shall be entitled to hold in his, its, or their own name or in the name of any other person, corporation, or association more than one mineral claim on the same vein or lode. Sec. 34. That a holder may at any time abandon any mineral claim by giving notice, in writing, of such intention to abandon, to the provincial secretary or such other officer as by the government of the Philippine Islands may be described as mining recorder; and from the date of the record of such notice all his interest in such claim shall cease. Sec. 35. That proof of citizenship under the clauses of this act relating to mineral lands may consist, in the case of an individual, of his own affidavit thereof; in the case of an association of persons 1058 UNITED STATES MINING STATUTES ANNOTATED. unincorporated, of the affidavit of their authorized agent, made on his own knowledge or upon information and beHef; and in case of a corporation organized under the laws of the United States, or of any State or Territory thereof, or of the Philippine Islands, by the filing of a certified copy of their charter or certificate of incorporation. Sec. 36. That the United States Philippine Commission or its suc- cessors may make regulations, not in conflict with the provisions of this act, governing the location, manner of recording, and amount of work necessary to hold possession of a mining claim, subject to the f ollowhig requn^ements : On each claim located after the passage of this act, and until a patent has been issued therefor, not less than 200 pesos' ($100 in original act) worth of labor shall be performed or improvements made during each year: Provided, That upon a failure to comply with these conditions the claim or mine upon which such failure occurred shall be open to relocation in the same manner as if no location of the same had ever been made, provided that the original locators, their heirs, assigns, or legal representatives have not resumed work upon the claim after failure and before such location. Upon the failure of any one of several coowners to contribute his proportion of the expen- ditures required thereby, the coowners who have performed the labor or made the improvements may, at the expiration of the year, give such delinquent coowners personal notice in writing, or notice by publication in the newspaper published nearest the claim, and in two newspapers published at Manila, one in the English language and the other in the Spanish language, to be designated by the chief of the Philippine insular bureau of public lands, for at least once a week for 90 days ; and, if, at the expiration of 90 days after such notice in writing or by publication, such delinquent shall fail or refuse to con- tribute his proportion of the expenditure required by this section, his interest in the claim shall become the property of his coowners who have made the required expenditures. The period within which the work required to be done annually on all unpatented mineral claims shall commence on the 1st day of January succeeding the date of location of such claim. Sec. 37. That a patent for any land claimed and located for valu- able mineral deposits may be obtained in the following manner : Any person, association, or corporation authorized to locate a claim under this act, having claimed and located a piece of land for such purposes who has or have complied with the terms of this act, may file in the office of the provincial secretary, or such other officer as by the gov- ernment of said islands may be described as mining recorder of the Province wherein the land claimed is located, an application for a patent, under oath, showing such compliance, together with a plat and field notes of the claim or claims in common, made by or under the direction of the chief of the Philippine insular bureau of public lands, showing accurately the boundaries of the claim, which shall be distinctly marked by monuments on the ground, and shall post a copy of such plat, together with a notice of such application for a patent, in a conspicuous place on the land embraced in such plat previous to the filing of the application for a patent, and shall file an affidavit of at least two persons that such notice has been duly posted, and shall file a copy of the notice in such office, and shall thereupon be entitled to a patent for the land, in the manner following: The PHILIPPINE ISLANDS MINING ACT, PP. 1053-TOf)7. 1059 provincial secretary, or such other officer as by the Pliili])pino (iov- ernment may be described as mining recorder, upon tlie filing of such application, plat, field notes, notices, and affi(hivits, shall publish a notice that such an application has been made, once a week for the period of 60 days, in a newspaper to be by him designated as nearest to such claim, and in two newspapers published at Manila, one in the English language and one in the Spanish language, to be designated by the chief of the Philip2:)inc insular bureau of public lands; and he shall also post such notice in his office for the same period. The claimant at the time of filing this a])plication, or at any time there- after within the 60 days of publication, shall fde with the provincial secretary, or such other officer as by the Pliilippine Government may be described as mining recorder, a certificate of the chief of the Philip- pine insular bureau of public lands that 1,000 pesos' ($500 in origi- nal act) worth of labor has been expended or improvements made upon the claim by himself or grantors; that the plat is correct, with such further description by such reference to natural objects or per- manent monuments as shall identify the claim, and furnish an accu- rate description to be incorporated in the patent. At the expiration of the 60 days of publication the claimant shall file his affidavit, showing that the plat and notice have been posted in a conspicuous place on the claim during such period of publication. If no adverse claim shall have been ffied with the provincial secretary, or such other officer as by the government of said islands may be described as mining recorder, at the expiration of the 60 days of publication, it shall be assumed that the applicant is entitled to a patent upon the payment to the provmcial treasurer, or the collector of internal revenue, of 25 pesos per hectare, and that no adverse claim exists; and thereafter no objection from third parties to the issuance of a patent shall be heard, except it be shown that the applicant has failed to comply with the terms of this act: Provided, That where the claimant for a patent is not a resident of or within the Province wherein the land containing the vein, ledge, or deposit sought to be patented is located, the application for patent and the affidavits required to be made in this section by the claimant for such patent may be made by his, her, or its authorized agent where said agent is conversant with the facts sought to be established by said affidavits. Sec. 38. That applicants for mineral patents, if residing beyond the limits of the Province or military department wherein the claim is situated, may make the oath or affidavit required for proof of citi- zenship before the clerk of any court of record, or before any notary public of any Province of the Philippine Islands, or any other official in said islands authorized by law to administer oaths. Sec. 39. That where an adverse claim is filed during the period of publication it shall be upon oath of the person or persons making the same, and shall show the nature, boundaries, and extent of such adverse claim, and all proceedings, except the publication of notice and making and filing of the affidavits thereof, shall be stayed until the controversy shall have been settled or decided by a court of com- petent jurisdiction or the adverse claim waived. It shall be the duty of the adverse claimant, within 30 days after filing his claim, to commence proceedings in a court of competent jurisdiction to determine the question of the right of possession and prosecute the same with reasonable diligence to final judgment, and a failure so to 1060 UNITED STATES MINING STATUTES ANNOTATED. do shall be a waiver of his adverse claim. After such judgment shall have been rendered the party entitled to the possession of the claim, or any portion thereof, may, without giving further notice, file a certified copy of the judgment roll with the provincial secretary, or such other officer as by the Government of the Philippine Islands may be described as mining recorder, together with the certificate of the Chief of the Philippine insular bureau of public lands that the requisite amount of labor has been expended or improvements made thereon, and the description required in other cases, and shall pay to the provincial treasurer or the collector of internal revenue of the Province in which the claim is situated, as the case may be, 25 pesos ($5 in original act) per hectare (acre in original act) for his claim, together with the proper fees, whereupon the whole proceed- ings and the judgment roll shall be certified by the provincial secre- tary, or such other officer as by said government may be described as mining recorder, to the secretary of the interior of the Philippine Islands, and a patent shall issue thereon for the claim, or such portion thereof as the applicant shall appear, from the decision of the court, rightly to possess. The adverse claim may be verified by the oath of any duly authorized agent or attorney in fact of the adverse claim- ant cognizant of the facts stated; and the adverse claimant, if resid- ing or at the time bemg beyond the limits of the Province wherein the claim is situated, may make oath to the adverse claim before the clerk of any court of record, or any notary public of any Province or military department of the Philippine Islands, or any other officer authorized to administer oaths where the adverse claimant may then be. If it appears from the decision of the court that several parties are entitled to separate and different portions of the claim, each party may pay for his portion of the claim, with the proper fees, and file the certificate and description by the Chief of the Philippine insular bureau of public lands, whereupon the provuicial secretary or such other officer as by the government of said islands may be described as mining recorder shall certify the proceedings and judgment roU to the secretary of the interior for the Philippine Islands, as in the preceding case, and patents shall issue to the several parties accord- ing to their respective rights. If, in any action brought pursuant to this section, title to the ground in controversy shall not be estab- ished by either party, the court shall so find, and judgment shall be entered accordingly. In such case costs shall not be allowed to either party, and the claimant shall not proceed in the office of the provincial secretary or such other officer as by the government of said islands may be described as mining recorder or be entitled to a patent for the ground in controversy until he shall have perfected his title. Nothing herein contained shall be construed to prevent the alienation of a title conveyed by a patent for a mining claim to any person whatever. Sec. 40. That the description of mineral claims upon surveyed lands shall designate the location of the claim with reference to the lines of the public surveys, but need not conform therewith; but where a patent shall be issued for claims upon unsurveyed lands, the Chief of the Philippine insular bureau of public lands in extending the surveys shall adjust the same to the boundaries of such patented claim according to the plat or description thereof, but so as in no case to in- terfere with or change the location of any such patented claim. PHILIPPINE ISLANDS MINING ACT, PP. 1053-1007. 1061 Sec. 41. That any person authorized to enter lands under this act may enter and obtain patent to lands that are chiefly valuable for building stone under the provisions of this act relative to placer mineral claims. Sec. 42. That any person authorized to enter lands under this act may enter and obtain patent to lands containing petroleum or other mineral oils and chiefly valuable therefore under the provisioris of this act relataive to placer mineral claims. Sec. 43. That no location of a placer claim shall exceed 64 hectares for any association of persons, irrespective of the number of persons composing such association, and no such location shall include more than 8 hectares for an individual claimant. Such locations shall conform to the laws of the United States Philippine Commission, or its successors, with reference to public surveys, and nothing in this section contained shall defeat or impair any bona fide ownership of land for agricultural purposes or authorize the sale of the improve- ments of any bona fide settler to any purchaser. Sec. 44. That where placer claims are located upon surveyed lands and conform to legal subdivisions, no further survey or plat shall be required, and all placer mining claims located after the date of passage of this act shall conform as nearly as practicable to the Philippine system of public-land surveys and the regular subdivisions of such surveys; but where placer claims can not be conformed to legal subdivisions, survey and plat shall be made as on unsurveyed lands ; and where by the segregation of mineral lands in any legal sub- division a quantity of agricultural land less than 16 hectares shall remain, such fractional portion of agricultural land may be entered by any party qualified by law for homestead purposes. Sec. 45. That where such person or association, they and their grantors have held and worked their claims for a period equal to the time prescribed by the statute of limitations of the Philippine Islands, evidence of such possession and working of the claims for such period shall be sufficient to establish a right to a patent thereto under this act, in the absence of any adverse claim ; but nothing in this act shall be deemed to impair any lien which may have attached in any way whatever prior to the issuance of a patent. Sec. 46. That the Chief of the Philippine insular bureau of public lands may appoint competent deputy mineral surveyors to survey mining claims. The expenses of the survey of vein or lode claims and of the survey of placer claims, together with the cost of Eublication of notices, shall be paid by the applicants, and they shall e at liberty to obtain the same at the most reasonable rates, and they shall also be at liberty to employ any such deputy mineral sur- veyor to make the surv-ey. The Chief of the Philippine insular bu- reau of public lands shall also have power to establish the maximum charges for surveys and publication of notices under this act; and in case of excessive charges for publication he may designate any newspaper published in a Province where mines are situated, or in Manila, for the publication of mining notices and fix the rates to be charged by such paper; and to the end that the Chief of the bureau of public lands may be fully informed on the subject such applicant shall file with the provincial secretary, or such other officer as by the government of the Phillippine Islands may be described as mining recorder, a sworn statement of all charges and fees paid by such 1062 UNITED STATES MINING STATUTES ANNOTATED. applicant for publication and surveys, and of all fees and money paid the provincial treasurer or the collector of internal revenue, as the case may be, which statement shall be transmitted, with the other papers in the case, to the secretary of the interior for the Phihppine Islands. Sec. 47. That all affidavits required to be made under this act may be verified before any officer authorized to administer oaths within the Province or military department where the claims may be situated, and all testimony and proofs may be taken before any such officer, and, when duly certified by the officer taking the same, shall have the same force and eft'ect as if taken before the proper provincial secretary or such other officer as by the government of the Philippine Islands may be described as mining recorder. In cases of contest as to the mineral or agricultural character of land the testimony and proofs may be taken as herein provided on personal notice of at least 10 days to the opposing party; or if such party can not be found, then by publication at least once a week for 30 days in a newspaper to be designated by the provincial secretary or such other officer as by said government may be described as mining recorder published nearest to the location of such land and in two newspapers published in Manila, one in the English language and one in the Spanish language, to be designated by the Chief of the Philippine insular bureau of public lands; and the provincial secretary or such other officer as by said government may be described as mining recorder shall require proofs that such notice has been given. Sec. 48. That where nonmineral land not contiguous to the vein or lode is used or occupied by the proprietor of such vein or lode for mining or milling purposes, such nonadjacent surface ground may be embraced and included in an application for a patent for such vein or lode, and the same may be patented therewith, subject to the same preliminary requirements as to survey and notice as are applicable to veins or lodes; but no location of such nonadjacent land shall exceed 2 hectares, and payment for the same must be made at the same rate as fixed by this act for the superficies of the lode. The owner of a quartz mill or reduction works not owning a mine in connection therewith may also receive a patent for his mill site as provided in this section. Sec. 49. That as a condition of sale the government of the Philippine Islands may provide rules for working, policing, and sanitation of mines, and rules concerning easements, drainage, water rights, right of way, right of Government survey and inspection, and other necessary means to their complete development not inconsistent with the provisions of this act, and those conditions shall be fully expressed in the patent. The Philippine Commission or its successors are hereby further empowered to fix the bonds of deputy mineral surveyors. Sec. 50. That whenever by priority of possession rights to the use of water for mining, agricultural, manufacturing, or other purposes have vested and accrued and the same are recognized and acknowl- edged by the local customs, laws, and the decisions of courts, the possessors and owners of such vested rights &ha,ll be maintained and protected in the same, and the right oi way for the construction of ditches and canals for the purposes herein specified is acknowledged and confirmed, but whenever any person, in the construction of any PHILIPPINE ISLANDS MINING ACT, PP. 1058-1067. 1063 ditch or canal, injures or (lania*j^es the possession of any settler on the Eublic domain, the party conunittin. 571. E. CONVEYANCE BY RAILROAD COMPANY— RIGHT OF PUR- CHASER. A purchaser of unpatented lands from a railroad company with knowledge that the lands contained cinnebar and that some form of reduction works had been established on the lands for the purpose of working the cinnebar is not an innocent purchaser, and the patent issued to the railroad company may be canceled. McLaughlin v. United States, 107 U. S. 526, p. 528. F. PATENT. 1. Issuance — Effect of exceptions. 2. Cancellation for fraud. 1. issuance effect of exceptions. If a patent is unadvisedly issued by the officers of the Government, but without fraud, the consequences must be borne by the Government, as the duty of determining the character of the land is reposed in the officers of the Land Department, and while the grant itself only passes title to nonmineral lands, yet a patent issued in proper form, after due examination and judgment rendered by the Land Department that the lands are nonmineral, estops the Government from contending to the contrary. Barden v. Northern Pac. R. Co., 154 U. S. 288, p. 330. Northern Pac. R. Co., In re, 32 L. D. 342, p. 344. The delay of the Government in issuing a patent can not have the effect of entitling the company to recover lands which it admits to be mineral, and the Government is not authorized to issue its patent without excepting mineral land, and it has had an opportunity to have the lands explored sufficiently to justify its declaration in the patent which would be taken as its determination that the lands were not mineral. Barden v. Northern Pac. R. Co., 154 U. S. 288, p. 331. Roberts v. Southern Pac. R. Co., 186 Fed. 934, p. 941. See Florida Central & Peninsular R. Co., In re, 26 L. D. 600, p. 603. There is no warrant for inserting in patents issued under this statute a clause ' ' ex- cepting all mineral lands should any such be found in the tracts aforesaid." Northern Pac. R. Co., In re, 32 L. D. 342, p. 346. RAIT.ROAD GRANTS, PP. 1099-1158. 1125 2. CANCELLATION FOR FRAUD. A patent to mineral lands in a railroad grant may be set aside and canceled where such lands were known to contain mineral and were valuable as such at the time of the grant, as all such lands were expressly excepted from the grant. McLaughlin v. United States, 107 U. S. 526, p. 528. Spong, In re, 5 L. D. 193. Skinner v: Central Pac. R. Co., 2 Brainard's Legal Precedents 68. 30 STAT. 597, p. 620, 2 SUPP. R. S. 874, p. 875, JULY 1, 1898. NORTHERN PACIFIC— MINERALS RESERVED. AN ACT Making appropriations for sundry civil expenses of the Government for the fiscal year ending June 30, 1899. Be it enacted, etc., * * * That where, prior to January 1, 1898, the whole or any part of an odd-numbered section, in either the granted or the indemnity limits of the land grant to the Northern Pacific Railroad Co., to which the right of the grantee or its lawful successor is claimed to have attached by definite location or selec- tion, has been purchased directly from the United States or settled upon or claimed in good faith by any qualified settler under color ol title or claim of right under any law of the United States or any ruling of the Interior Department, and where purchaser, settler, or claimant refuses to transfer his entr;y' as hereinafter provided, the railroad grantee or its successor in interest, upon a proper relin- quishment thereof, shall be entitled to select in lieu of the land re- linquished an equal quantity of public lands, surveyed or unsurveyed, not mineral or reserved, and not valuable for stone, iron, or coal, and free from valid adverse claim or not occupied by settlers at the time of such selection, situated within any State or Territor}^ into which such railroad grant extends, and patents shall issue for the land so selected as though it had been originally granted; but all selections of imsurveyed lands shall be of odd-numbered sections, to be identi- fied by the survey when made, and patent therefor shall issue to and in the name of the corporation surrendering the lands before men- tioned, and such patents shall not issue until after the survey : * * * Provided further. That the railroad grantee or its successor in interest shall accept the said list or lists so to be made by the Secre- tary of the Interior as conclusive with respect to the particular lands to be relinquished by it, but it shall not be bound to relinquish lands sold or contracted by it, or lands which it uses or needs for railroad purposes, or lands valuable for stone, iron, or coal. A. RAILROAD GRANT— NORTHERN PACIFIC. 1. Purpose of act. 2. Lands classified as mineral not selected — Iron and coal lands. 3. Indemnity selections. 4. Title to selected lands. 1. purpose of act. This act was passed primarily for the protection of individual claimants as against the Northern Pacific land grant and provided for a speedy adjustment of conflicting 1126 UNITED STATES MINING STATUTES ANNOTATED. claims within such land grant by first affording the individual claimant an oppor- tunity to transfer his claim to other public lands of the character described or to retain the railroad lands formerly claimed, and in the latter event the company was to re- linquish all its right to and interest in such land and to select other lands in lieu thereof. Northern Pac. R. Co. v. Frei, 34 L. D. 661, p. 664. The object of this statute is primarily to aid in the adjustment of the original grant, and the limitations imposed upon that grant by the classification act of February 26, 1895 (28 Stat. 683), must be given the same operation with respect to this adjustment act. Idaho V. Northern Pac. R. Co., 37 L. D. 135, p. 137. 2. LANDS CLASSIFIED AS MINERAL NOT SELECTED IRON AND COAL LANDS. Where lands have been classified as mineral lands under the act of February 26, 1895 (28 Stat. 683), the railroad company has no right to select the lands so classified under this act, and such selections must be canceled. Northern Pac. R. Co. v. Frei, 34 L. D. 661, p. 662. Idaho V. Northern Pac. R. Co., 37 L. D. 135, p. 136. This act is more restricted in its provisions than the act of 1895, authorizing the classification of minerals, and excludes coal and iron lands which were included under the original grant to the railroad company, but this does not authorize the reopening of an adjudication made under the act of 1895 (28 Stat. 683). Northern Pac. R. Co. v. Frei, 34 L. D. 661, p. 665. Under this act the railroad company is not bound to relinquish among other lands those valuable for stone, iron, or coal. Northern Pac. R. Co. v. Violette, 36 L. D. 182, p. 185. Lands chiefly valuable for marble and slate is mineral in character, and if more valuable for these deposits than for agricultural purposes they must be regarded as mineral lands. Schrimpf v. Northern Pac. R. Co., 29 L. D. 327, p. 328. See Baudette v. Northern Pac. R. Co., 29 L. D. 248. The right of the railroad company to make selection of lands in Montana wad granted to the railroad company by this act, but such selections must be made of public lands not mineral and not valuable for stone, iron, or coal. Northern Pac. R. Co., In re, 37 L. D. 408, p. 409. 3. INDEMNITY SELECTIONS. This act limits the selections authorized to be made by the railroad company under the original act of July 2, 1864 (13 Stat. 365) to certain States, and selections under this act are nevertheless indemnity and when made become a part of and are in partial satisfaction of the original grant. Northern Pac. R. Co. v. Frei, 34 L. D. 661, p. 665. Lands ceded by the Indians were not subject to indemnity selection by the railroad company. Northern Pac. R. Co., In re, 37 L. D. 408, p. 409. Bradley v. Northern Pac. R. Co., 36 L. D. 7. 4. TITLE TO SELECTED LANDS. A claim asserted by the railroad company under this act is predicated upon the original grant, July 2, 1864 (13 Stat. 365), as that act merely makes provision for the RAILROAD GRANTS, PP. 1009-1158. 1127 substitution of a ix'ifect title ior the (selected land for a diH})uted claim to the land on account of which subt^titutiou Ih made, the validity of the company's title to the base land not being the sole determinative factor. Idaho V. Northern Pac. R. Co., 37 L. D. 135, p. 137. A selection made under tHis act is not only on behalf of the railroad company, being made by its successor in interest, but is primarily on account of the Northern Pacific land j2:rant, and any patent or evidence of title j^iven to the Northern Pacific Rail- road Co., or its successor in interest, under a claim predicated upon the original land grant to lands classified as mineral under the act of February 6, 1895 (28 Stat. 683) is necessarily void. Noithern I'ac. R. Co. v. Frei, 34 L. D. 661, p. 665. Idaho V. Northern Pac. R. Co., 37 L. D. 135, p. 137. 14 STAT. 83, JULY 4, 1866. IRON MOUNTAIN— MINERAL LANDS RESERVED— COAL AND IRON. AN ACT Making a grant of lands in alternate sections to aid in the construction and extension of the Iron Mountain Railroad, from Pilot Knob, in Missouri, to Helena, in Arkansas. Be it enacted, etc., That there be, and is hereby, granted to the State of Missouri, for the purpose of aiding in the construction and extension of the Iron Mountain Raikoad, from its present terminus at Pilot Knob to a point on the southern boundary Hne of the State of Missouri, every alternate section of land, designated by odd num- bers, for 10 sections in. width on each side of said road; but in case it shall appear when the route of said road is definitely fixed that the United States have sold any sections or parts thereof, granted as aforesaid, or that the right of preemption has attached to the same, then it shall be lawful for any agent or agents to be appointed by the governor of said State to select, subject to the approval of the Secretary of the Interior, from the lands of the United States nearest to the tiers of sections above specified so much land in sections or parts of sections, to be selected as aforesaid, as shall be equal to such lands as the United States have sold or otherwise appropriated or to which the rights of preemption have attached, which lands thus selected shall be held by the State of Missouri for the use and pur- poses aforesaid, and for none other: Provided, That the lands so located shaU be within the Ironton land district as now established and not more than 20 miles from the line of said road: And provided, further. That all mineral lands except those containing coal and iron, and any lands heretofore reserved to the United States by any act of Congress or in any other manner by competent authority for the purpose of aiding in any object of internal improvement, or for any other purpose whatever, be, and the same are, reserved to the United States from the operation of this act, except so far as it may be found necessary to locate the routes of said railroad through the same, in which case the right of way only shall be granted, subject to the ap- proval of the President of the United States. Sec. 2. And be it further enacted. That there be, and is hereby, granted to the State of Arkansas, for the purpose of aiding in the construction and extension of a railroad from the point where the Iron Mountain Railroad intersects the southern boundary line of Missouri, by the nearest and most practicable route, to a pomt at 1128 UNITED STATES MINING STATUTES ANNOTATED. or near the town of Helena, on the Mississippi River, every alternate section of land, designated by odd numbers, for 10 sections in width on each side of said road; but in case it shall appear, when the line of said road is definitely fixed, that the United States have sold any sections or parts thereof, granted as aforesaid, or that the right of preemption has attached to the same, then it shall be lawful for any agent or agents to be appointed by the governor of said State, to se- lect, subject to the approval of the Secretary of the Interior, from the lands of the United States nearest to the tiers of sections above specified so much land, in alternate sections, designated as aforesaid, as shaU be equal to such lands as the United States have sold or otherwise appropriated, or to which the rights of preemption have attached, which lands thus selected shaU be held by the State of Arkansas for the use and purposes aforesaid, and for none other: Provided, That the land so selected and located shall in no case be farther than 20 miles from the line of road when the same shaU be located: And provided further, That all mineral lands, except those containing coal and iron, and any lands heretofore reserved to the United States by any act of Congress, or in any other manner by competent authority, for the purpose of aiding in any object of internal improvement, or for any other purpose whatever, be, and the same are, reserved to the United States from the operation of this act, except so far as it may be found necessary to locate the routes of said railway through the same, in which case the right of way only shall be granted, subject to the approval of the President of the United States. A. RAILROAD GRANT— IRON MOUNTAIN. 1. Minerals excepted — Extent. 2. Application to public lands. 1. minerals excepted EXTENT. This act reserved mineral lands from the grant to the Iron Mountain Railroad Co., but it is not intended to be a general reservation oi minerals in the public land. Alabama, In re, 15 C. L. O. 7, p. 8. This act refers to lands granted prior to and at the time of the passage of the act and not to lands to be thereafter granted, but lands granted by that and other prior acts of Congress. Heydenfeldt v. Daney Gold, etc., Min. Co., 10 Nev. 290, p. 313. 2. APPLICATION TO PUBLIC LANDS. The word ''public," as applied in this act to lands, refers to all unsurveyed lands, whether the same or any portion thereof had been previously granted or not, and all lands are public within the meaning of this act until a survey is made, and the word is used to distinguish the unsurveyed from the surveyed and segregated lands. Heydenfeldt v. Daney Gold, etc., Min. Co., 10 Nev. 290, p. 314. The mineral lands to which the laws of the United States apply, as stated in this act, are the "mineral lands of the public domain," and lands between high and low tides belong to the State and not to the United States. Morris, In re, 9 C. L. 0. 5. RAILROAD CJRANTS^ PP. 1099-1158. 1129 14 STAT. 94, JULY 13, 1866. PLACERVILLE AND SACRAMENTO VALLEY— RIGHT OF WAY. AN ACT Granting aid in the construction of a railroad and telegraph line from Folsom to Placerville in California. Bo it enacted, etc., That the right of way through the public lands be, and the same is hereby, granted to the Placerville & Sacra- mento Valley Railroad Co., * * * for the construction of a rail- road and telegraph line from the town of Folsom to the town of Placerville, in said State; and the right is hereby given to said cor- poration to take from the public lands adjacent to the line of said road, material for the construction thereof; said right of way is granted to said railroad to the extent of 100 feet in width on each side of said road where it may pass over the public lands; also, all necessary ground for station buildings, workshops, depots, machine shops, switches, side tracks, turntables, and water stations. Sec. 2. And be it further enacted. That thiere be, and is hereby, granted to the Placerville & Sacramento Valley Railroad Co., its successors and assigns, for the purpose of aiding in the construc- tion of said railroad and telegraph line, and to secure the safe and speedy transportation of mails, troops, munitions of war, and public stores over the route of said line of railway, every alternate section of public land, not containing gold or silver, designated by odd num- bers, to the amount of 10 alternate sections per mile, on each side of said railroad line, as said company may adopt, whenever, on the line thereof, the United States have full title, not reserved, sold, granted, or otherwise appropriated, and free from preemption or other claims or rights at the time the line of said road is definitely fixed, and a plat thereof filed in the office of the Commissioner of the General Land Office; Provided, That the word '^mineral," when it occurs in this act, shall not be held to include iron or coal. 14 STAT. 239, JULY 25, 1866. CENTRAL PACIFIC— MINERALS— COAL AND IRON NOT EXCEPTED. AN ACT Granting lands to aid in the construction of a railroad and telegraph line from the Central Pacific Railroad, in California, to Portland, in Oregon. Be it enacted, etc., That the "California & Oregon Railroad Co.," oi^anized under an act of the State of California, to protect certain parties in and to a railroad survey, "to connect Portland, in Oregon, with Marysville, in California," approved April 6, 1863, and such com- pany organized under the laws of Oregon as the legislature of said State shall hereafter designate, be, and they are hereby, authorized and empowered to lay out, locate, construct, finish, and maintain a railroad and telegraph line between the city of Portland, in Oregon, and the Central Pacific Railroad, in California in the manner follow- ing, to wit: (here describing). Sec. 2. And be it further enacted. That there be, and hereby is, granted to the said companies, their successors and assigns, for the purpose of aiding in the construction of said railroad and telegraph line, and to secure the safe and speedy transportation of the mans, troops, munitions of war, and public stores over the line of said rail- road, every alternate section of public land, not mineral, designated by odd numbers, to the amount of 20 alternate sections per mile 56974°— Bull. 94, pt 2—15 20 1130 UNITED STATES MINING STATUTES ANNOTATED. (10 on each side) of said railroad line; and when any of said alternate sections or parts of sections shall be found to have been granted, sold, reserved, occupied by homestead settlers, preempted, or otherwise disposed of, other lands, designated as aforesaid, shall be selected by said companies in lieu thereof, under the direction of the Secretary of the Interior, in alternate sections designated by odd numbers as aforesaid, nearest to and not more than 10 miles beyond the limits of said first-named alternate sections; and as soon as the said com- panies, or either of them, shall file in the office of the Secretary of the Interior a map of the survey of said railroad, or any portion thereof, not less than 60 continuous miles from either terminus, the Secretary of the Interior shall withdraw from sale public lands herein granted on each side of said railroad, so far as located and within the limits before specified. The lands herein granted shall be applied to the building of said road within the States, respectively, wherein they are situated. Sec. 10. And be it further enacted. That all mineral lands shall be excepted from the operation of this act; but where the same shall contain timber, so much of the timber thereon as shall be required to construct said road over such mineral land is hereby granted to said companies: Provided, That the term "mineral lands" shall not include lands containing coal and iron. A. RAILROAD GRANT— CENTRAL PACIFIC— CALIFORNIA AND OREGON. B. MINERAL CHARACTER OF LAND, p. 1131. C. INDEMNITY LAND— SELECTION AND TITLE, 1131. A. RAILROAD GRANT— CENTRAL PACIFIC— CALIFORNIA AND OREGON. 1. MINERAL LANDS RESERVED. Mineral lands were excepted from the grant made by the United States to the Central Pacific Railroad Co. United States v. Central Pac. R. Co., 84 Fed. 218, p. 219. Mineral lands were not only not granted but were expressly excepted from the opera- tion of this act. Central Pac. R. Co. v. De Rego, 39 L. D. 288, p. 290. A patent under this statute which excepts mineral lands is invalid where the land was known at the time to be chiefly valuable for minerals. United States v. Central Pac. R. Co., 84 Fed. 218, p. 220. See Northern Pac. R. Co. v. Sanders, 166 U. S. 620. Northern Pac. R. Co. v. Solderberg, 188 U. S. 526. United States v. Central Pac. R. Co., 93 Fed. 871. This grant being in prsesenti takes effect as to a particular tract of land at its incep- tion, and if the tract is then of the class or character of those specificaUy excepted, it remains so excepted whatever its status or character may be or become at a later date. Central Pac. R. Co. v. De Rego, 39 L. D. 288, p. 290. The discovery of the mineral character of land within the limits of the grant at any time prior to the issuance of patent therefor to the railroad company operates to except the same from the provisions of the grant. Central Pac. R. Co. v. De Rego, 39 L. D. 288, p. 290. See Barden v. Northern Pac. R. Co., 154 U. S. 288. RAILROAD GRANTS; PP. 1099-1153. 1131 B. MINERAL CHARACTER OF LAND. 1. DETERMINATION HEARING AND ADJUDICATION. An adjudication by the Land Department that certain lands within this grant were mineral in character has the effect to except such lands from the operation of this grant and such adjudication is not impeached by anything subsequently transpiring, and a subsequent determination that the lands are in fact nonmineral does not operate to give the railroad company any title or interest in the lands. Central Pac. R. Co. v. De Rego, 39 L. D. 288, p. 290. A hearing and determination as to the mineral character of a tract of land under this grant will not preclude a subsequent inquiry as to the mineral character of the land on the protest of a mineral claimant at any time before patent is issued. Oregon, etc., R. Co. v. Puckett, 39 L. D. 169, p. 171. See Central Pac. R. Co. v. De Rego, 39 L. D. 288. Though land was found to be mineral at a hearing authorized by law, and while the railroad company acquiesced in such finding, yet it is not shown that the company relinquished any claim it might have to the land by seeking to make indemnity selection in lieu thereof, but if the land was never in fact valuable for mineral, the department has no authority to issue patent to anyone other than the railroad company, as the company acquired an indefeasable right to a patent for all the land within the primary limits by the location and construction of its road, and when shown to be nonmineral the company will not be permitted to take indemnity and to deny its title. Oregon, etc., R. Co. v. Puckett, 39 L. D. 169, p. 171. A judgment as to the mineral character of lands can not be based entirely upon the return of the surveyor general. California, etc., R. Co., In re, 16 L. D. 262. C. INDEMNITY LAND— SELECTION AND TITLE. When the railroad was located and the map made the right of the company to the odd-numbered sections became ipso facto fixed and absolute; but with respect to the Ueu lands the right was only a float and attached to no specific tracts until selection was actually made in the manner prescribed. Ryan v. Railroad Co., 99 U. S. 382, p. 386. A selection made by the railroad company with the approval of the Secretary of the Interior of land within the permitted indemnity limits, and a patent for the same, gives the railroad company a valid title as against a Mexican claim in litigation at the date of the act, but which was finally rejected as invalid. Ryan v. Railroad Co., 99 U. S. 382, p. 386. Distinguishing Newhall v. Sanger, 92 U. S. 761. 14 STAT. 292, p. 295, JULY 27, 1866. ATLANTIC AND PACIFIC— MINERALS— COAL AND IRON NOT EXCEPTED. AN ACT Granting lands to aid in the construction of a railroad and telegraph line from Missouri and Arkansas to the Pacific coast. Be it enacted, etc., That (here naming certain persons) and all such other persons who shall or may be associated with them, and their successors, are hereby created and erected into a body corporate and politic, in deed and in law, by the name, style, and title of the ''Atlantic & Pacific Railroad Co.," and by that name shall have perpetual succession, and shall be able to sue and be sued, plead and be 1132 UNITED STATES MINING STATUTES ANNOTATED. impleaded, defend and be defended, in all courts of law and equity within the United States, and may make and have a common seal. * * * Sec. 3. And be it further enacted, etc. * * * Provided fur- ther, That all mineral lands be, and the same are hereby, excluded from the operations of this act, and in lieu thereof a like quantity of unoccupied and unappropriated agricultural lands in odd-numbered sections nearest to the line of said road, and within 20 miles thereof, may be selected as above provided: And provided further, That the word '^mineral," when it occurs in this act, shall not be held to in- clude iron or coal. * * * Sec. 18. And be it further enacted. That the Southern Pacific Railroad, a company incorporated under the laws of the State of California, is hereby authorized to connect with the said Atlantic & Pacific Railroad, formed under this act, at such point, near the boundary line of the State of California, as they shall deem most suitable for a railroad line to San Francisco, and shall have a uniform gauge and rate of freight or fare with said road ; and in consideration thereof, to aid in its construction, shall have similar grants of land, subject to all the conditions and limitations herein provided, and shall be required to construct its road on the like regulations, as to time and manner, with the Atlantic & Pacific Railroad herein provided for. * * * A. RAILROAD GRANT— ATLANTIC & PACIFIC— SOUTHERN PACIFIC. 1. Nature, construction, and effect of grant. 2. Mineral lands excepted from grant. 3. Kinds of minerals excepted. 4. Oil as mineral — Lands excepted. 5. Indemnity lands — Minerals excepted. 6. Character of land — Determination. 7. Decisions of Land Department conclusive. 8. Discovery of mineral before patent — Effect. 9. Patent. a. Determination of character of land. b. Extent and effect of excepting clause. c. No private entry after issue. 10. Purchaser from railroad company — Title. 11. Title of Southern Pacific to oil lands — Burke case. 1. nature, construction, and effect of grant. This act, while a grant in prsesenti, did not of itself identify the land and could not do 80, as this could not be done until the road was constructed, nor could it be known what lands would be free from other claims at the time of its location or what lands would be mineral, and accordingly the act provided for issuing patents to the com- pany after the construction of the road; and the patents when issued were to be in confirmation of the company's "right and title," and were to be the legally appointed evidence that the lands described therein had passed to the company under the grant. Burke v. Southern Pac. R. Co., 234 U. S. 669. RAILROAD GRANTS, PP. 1099-1158. 1133 This act was not. a gift of land to Mvo railroad foiiii)aiiy from tlio Unitod States, but the act made a proposal to the railroad company to the effect that if it would locate, construct, and put into operation a certain line of railroad, then patents would issue to certain of the public lands within the descriptive terms of the grant, and its purpose was to bring about the construction of the railroad with the resulting advan- tages to the Government and the public, and on the construction of the road and the acceptance of the provisions of the act the parties were brought into contractual relation and its provisions became obligatory on both. Burke v. Southern Pac. R. Co., 234 U. S. G69. The original grant under this act was to the Atlantic & Pacific Railroad Co., its successors and assigns, and the act of March 3, 1871 (16 Stat. 579, sec. 23), was to the Southern Pacific Railroad Co. in express terms and supplemental to the orig- inal and all mineral lands were expressly excluded from the operation of the act, and in lieu thereof a like quantity of unoccupied, nonmineral lands within certain limits were granted; but by express provision the word ''mineral" was not to include iron or coal. Burke v. Southern Pac. R. Co., 234 U. S. 669. 2. MINERAL LANDS EXCEPTED FROM GRANT. This grant excepts all mineral lands whether known or unknown at the time of the grant, and makes provision for substituting other lands if any within the grant are found to be mineral in character; but when the officers of the Land Department have examined and classified the lands within such grant and thereupon issue a patent to the grantee or its successor, the question of its mineral or nonmineral character is thereby determined, and any such tract is not thereafter open to a claim on the ground of its mineral character, as the patent is conclusive upon its mineral character. Roberts v. Southern Pac. R. Co., 186 Fed. 934, p. 935. Under the holding of the Supreme Court these railroad grants in themselves except all mineral lands whether known or unknown at the time of the grant, and other holdings are to the effect that after a patent is issued to a grantee under these railroad land grants, then no part of such grants are open to mineral claims, and these holdings can be reconciled on the theory that after the officers of the Land Department have classified the lands of such grants with reference to their mineral and nonmineral character and thereupon issued a patent therefor to the railroad companies, the patents are conclusive and binding upon the Government, and prevents any subsequent claim to any of such lands on the ground that they are mineral. Roberts v. Southern Pac. R. Co., 186 Fed. 934. See Barden v. Northern Pac. R. Co., 154 U. S. 288. Shaw V. Kellogg, 170 U. S. 312. The provisions of this act as to mineral lands were not a mere reservation of minerals, but an exclusion of mineral lands coupled with a provision that the railroad company should receive other lands not mineral in lieu thereof, and shows that a determination of the character of the lands, as mineral or nonmineral, was plainly contemplated, and Congress confided the identification of the lands included and excluded to the Land Department and directed that the indemnity lands should be selected under the direction of the Secretary of the Interior. Burke v. Southern Pac. R. Co., 234 U. S. 669. Mineral lands are expressly excluded from the grant, and the railroad company can not select mineral lands as indemnity. Southern Pac. R. Co. v. Allen Gold Min. Co., 13 L. D. 165. See Central Pac. R. Co. v. Valentine, 11 L. D. 238. 1134 UNITED STATES MINING STATUTES ANNOTATED. Any land within tliL« grant, if mineral in character, is open to exploration and pur- chase under the mining laws of the United States, as the grant to the railroad com- pany expressly excepts mineral lands from its operation. Walker v. Southern Pac. R. Co., 24 L. D. 172, p. 174. See Swank v. California, 27 L. D. 411, p. 413. Section 3 of this act expressly reserved all mineral lands from the operation of the act and gave the railroad company the right to select indemnity land in lieu thereof. Walker v. Sou^them Pac. R. Co., 24 L. D. 172, p. 173. By express provision of this act all mineral lands are excluded from its operation except lands containing iron or coal. Hutton V. Forbes, 31 L. D. 325, p. 328. The grant to the railroad company included every alternate section of public land not mineral. Jacob, In re, 7 C. L. O. 83. 3. KINDS OF MINERALS EXCEPTED. Mineral lands which in law exclude them from a railroad grant include not merely metalliferous minerals, but all such as are chiefly valuable for other deposits of a mineral character wliich are useful in the arts or valuable for purposes of manufacture. Southern Pac. R. Co., In re, 41 L. D. 264, p. 265. Tliis act does not except from the grant as mineral such lands as were simply valu- able for their deposit of limestone, as such lands under the laws then in force were not subject to disposal as mineral, but were disposed of as agricultural when used for agricultural purposes. Jacob, In re, 7 C. L. O. 83. 4. OIL AS MINERAL LANDS EXCEPTED. Oil or petroleum lands are mineral lands within the meaning of that term in this grant. Burke v. Southern Pac. R. Co., 234 U. S. 669. See Ohio Oil Co. v. Indiana Co., 177 U. S. 190, p. 202. Northern Pac. R. Co. v. Soderberg, 188 U. S. 526. Congress has at various times spoken of oil as a mineral. Burke v. Southern Pac. R. Co., 234 U. S. 669. The Land Department has regarded petroleum as a mineral and has treated lands chiefly valuable therefor as mineral lands. Burke V. Southern Pac. R. Co., 234 U. S. 669. Deposits of petroleum oil come within the definition of mineral character of land and is sufficient to exclude such land from a railroad grant if discovered before patent issues. Southern Pac. R. Co., In re, 41 L. D. 264, p. 265. The mineral character of land is prima facie established, sufficient to exclude it from a railroad grant, by its proper classification as oil-bearing land, and the Secretary is thereafter without power to issue a patent for such land. Southern Pac. R. Co., In re, 41 L. D. 264 p. 265. California, In re, 41 L. D. 592, p. 597. 5. INDEMNITY LANDS MINERALS EXCEPTED. Section 18 of this act grants the Southern Pacific Railroad Co. land subject to all the conditions and Limitations and under the regulations as that of the Atlantic & Pacific KAILROAD GRANTS, PP. 1009-1158. 1135 Railroad, and accordiiij2:ly lands chiefly valuable for mineral deposit or asphaltum are not subject to selection as indemnity lands under the grant that expressly excepts mineral lands. Tulare Oil & Min. Co. v. Southern Pac R. Co., 29 L. D. 269, p. 272. 6. CHARACTER OF LAND DETERMINATION. The character of the land in all such grants is a question for the Land Department, the same as are the qualifications of the applicant and his performance of the acts upon which the right to receive the title depends, and when a patent issues it is to be taken, as against all collateral attack, as affording conclusive evidence of the non- mineral character of the land and of the regularity of the act and proceedings resulting in its issue, and upon a direct attack, as affording such presumptive evidence thereof as to require plain and convincing proof to overcome it. Burke v. Southern Pac. R. Co., 234 U. S. 669. See Smelting Co. v. Kemp, 104 U. S. 636, p. 641. Steel V. Smelting Co., 106 U. S. 447. In the nature of things under such a grant there must be some point of time when the character of the land must be finally determined and for the interests of all con- cerned there can be no better point to determine this question than at the time of issuing the patent; and there is no authority to issue a patent, which, in fact, only says that if the lands described hereafter turn out to be agricultural lands then they are granted, but if they turn out to be mineral lands then they are not granted. Burke v. Southern Pac. R. Co., 234 U. S. 669. Cowell V. Lammers, 21 Fed. 200. 7. DECISIONS OF LAND DEPARTMENT CONCLUSIVE. In cases arising before the Land Department where there is difliculty on the part of its officers to ascertain with accuracy whether the lands to be disposed of are to be deemed mineral lands or agricultural lands, these oflficers will be governed by the knowledge of the lands obtained at the time as to their real charaacter, and this deter- mination of the facts by these oflicers that they are one or the other is conclusive. Roberts v. So. Pac. R. Co., 186 Fed. 934, p. 935. Barden v. Northern Pac. R. Co., 154 U. S. 288, p. 329. Congress intended that the Land Department should determine the character of the lands granted as to their being mineral or nonmineral by an examination and classification before patent, and that the patents issued pursuant to such classifica- tion should convey the Government's entire title to the land embraced in any such patent. Roberts v. Southern Pac. R. Co., 186 Fed. 934, p. 940. If the land officers are induced by fraud or false proofs to issue a patent for mineral lands under a nonmineral-land law, or after such patent is issued by inadvertence, the Government may maintain a suit to annul the patent, or a mineral claimant who had acquired a vested right in the land, might maintain a bill to have the patentee declared a trustee for him; but such a patent is merely voidable and is not void, and can not be attacked by strangers who had no interest in the land at the time the patent was issued . Burke v. Southern Pac. R. Co., 234 U. S. 669. See Colorado Coal & Iron Co. v. United States, 123 U. S. 307, p. 313. Diamond Coal Co. v. United States, 233 U. S. 236, p. 239. 1136 UNITED STATES MINING STATUTES ANNOTATED. 8. DISCOVERY OF MINERAL BEFORE PATENT EFFECT. A discovery of the mineral character of land within a railroad grant at any time before issue of patent will defeat the grant. Southern Pac. R. Co., In re, 41 L. D. 264, p. 265. See Barden v. Northern Pac. R. Co., 154 U. S. 288, p. 329. 9. PATENT. a. DETERMINATION OF CHARACTER OP LAND. Tlie fact that patents to the railroad company under this grant contain a clause ''excluding and excepting all mineral lands, should any such be found in the tracts aforesaid," does not necessarily show that the Land Department did not consider or determine whether the lands were mineral or not; and the practice in the Land Depart- ment under this grant, as well as under grants to the Pacific Railroad Co., shows that care was taken, precautions exercised, affidavits required, examinations made, lists of lands made and scrutinized, and hearings were often had in in the local land office to determine whether lands listed or desired to be patented were mineral or otherwise, and plats were frequently taken and considered by the Secretary of the Interior; and such excepting clause was accordingly never intended to take the place of an inquiry in the character of the lands described or to dispense with the determination of that question, and its presence in these patents does not signify that no inquiry or deter- mination was had . Burke V. Southern Pac. R. Co., 234 U. S. 669. Under this grant the issue of a patent is authorized if the lands are patentable, and if not patentable the patent is unauthorized, and the issue of a patent is as conclusive evidence of the determination of the fact of patentability, upon a collateral attack, in the one case as in the other; and if it should subsequently appear that all the land described is in fact mineral, then the exception would be as broad as the grant and would be void as an exception. Burke v. Southern Pac. R. Co., 234 U. S. 669. Cowell V. Lammers, 21 Fed. 200. The issue of a patent by the Land Department to a railroad company under the con- gressional grant was a determination by that tribunal that the lands included in the patent when granted to the railroad company, and under the proviso of the act, were not mineral at the date of the issuance of the patent. Burke v. Southern Pac. R. Co., 234 U. S. 669. See Deffeback v. Hawke, 115 U. S. 392, p. 406. Spong, In re, 5 L. D. 193. This act plainly shows that patents should not issue for lands excluded by its terms and to which the railroad company was not to have any right or title, and the direc- tion respecting the issue of patents necessarily carried with it the power and the duty of determining in every instance whether the land came within the terms of the grant, or for any reason was excluded from it, and patent was to be granted or refused accord- ingly; and upon this theory the Land Department has uniformly proceeded with the administration and adjustment of this and other railroad grants, and this theory has been approved by the courts. Burke v. Southern Pac. R. Co., 234 U. S. 669. b. EXTENT AND EFFECT OF EXCEPTING CLAUSE. A patent to lands under this grant should in terms exclude therefrom all mineral lands other than coal or iron lands. Atlantic, etc., R. Co., In re, 12 L. D. 116, p. 117. BAILEOAD ORANTS, Pr. 1000-1158. 1137 Officers of the Laud Department have no authority to insert iu a patent to a railroad company a clause excepting from the lands described in its granting clause "all min- eral lands if any such be found in the tract aforesaid." Roberts v. Southern Pac. R. Co., 186 Fed. 934, pp. 936, 945. See Shaw v. Kellogg, 170 U. S. 312. The officers of the Land Department, being merely agents of the Government, have no authority to insert in a patent under such a grant any other terms than those of conveyance, with recitals showing compliance with the conditions which the law prescribes, and such a patent carries with it such rights to the land described as the law confers, and no other, and these rights can neither be enlarged nor diminished by any reservations of the officers of the Land Department, resting for their fitness only upon the judgment of those officers. Burke v. Southern Pac. R. Co., 234 U. S. 669. See Deffeback v. Hawke, 115 U. S. 392. Davis V. Weibbold, 139 U. S. 507. Shaw V. Kellogg, 170 U. S. 312. Sullivan v. Iron Silver Min. Co., 143 U. S. 431, p. 441. C. NO PRIVATE ENTRY AFTER ISSUE. Under this grant and after a patent had been issued by the Government to the suc- cessor of the grantee pursuant to the authority expressed in the grant, a citizen of the United States can not lawfully enter upon any tract of land many years after the patent has been issued and claim any such tract as mineral land, though the patent contained an exception excluding all mineral lands if any such should be found in the tracts so patented. Roberts v. Southern Pac. R. Co., 186 Fed. 934, p. 935. Burke v. Southern Pac. R. Co., 234 U. S. 669. Lands listed to the railroad company under the provisions of this act are not subject to entry by a mineral claimant on account of a small quantity of oil seeping from a stratum of bituminous sandstone or shale some 6 feet in thickness. Southwestern Oil Co. v. Atlantic & Pac. R. Co., 39 L. D. 335, p. 336. 10. PURCHASER FROM RAILROAD COMPANY TITLE. A purchaser from the railroad company of lands which are by him known to be mineral and known to be therel)y excluded from the grant is not a purchaser in good faith. Hutton V. Forbes, 31 L. D. 325, p. 329. WTiere lands are not known by a purchaser to be mineral lands at the time of his purchase and to be excluded thereby from the grant, no subsequent discovery or development of minerals upon such lands can affect the question of the good faith of his purchase. Hutton V. Forbes, 31 L. D. 325, p. 329. 11. TITLE OF SOUTHERN PACIFIC TO OIL LAISTDS BURKE CASE. In the most recent construction of this act in a case involving title to vast quantities of valuable oil lands in California, the Supreme Court concluded its opinion by mak- ing concrete answers to the seven propositions submitted, which, with the answers, are as follows: 1. Did the said grant to the Southern Pacific Railroad Co. include mineral lands which were known to be such at or prior to the date of the patent of July 10, 1894? Answer. Mineral lands, known to be such at or prior to the issue of patent, were not included in the grant, but excluded from it, and the duty of determining the character 1138 UNITED STATES MINING STATUTES ANNOTATED. of the lands was cast primarily on the Land Department, which was charged with the issue of patents. 2. Does a patent to a railroad company under a grant which excludes mineral lands, as in the present case, but which is issued without any investigation upon the part of the officers of the Land Office or of the Department of the Interior as to the quality of the land, whether agricultural or mineral, and without hearing upon or determination of the quality of the lands operate to convey lands which are thereafter ascertained to be mineral? Answer. A patent issued in such circumstances is irregularly issued, undoubtedly so, but as it is the act of a legally constituted tribunal and is done within its jurisdic- tion, it is not void and therefore passes the title subject to the right of the Government to attack the patent by a direct suit for its annulment if the land was known to be mineral when the patent issued. 3. Is the reservation and exception contained in the grant in the patent to the Southern Pacific Railroad Co. void and of no effect? Answer. The mineral land exception in the patent is void. 4. If the reservation of mineral lands as expressed in the patent is void, then is the patent, upon a collateral attack, a conclusive and official declaration that the land is agricultural and that all the requirements preliminary to the issuance of the patent have been complied with? Answer. It is conclusive upon a collateral attack. 5. Is petroleum or mineral oil within the meaning of the term "mineral " as it was used in said acts of Congress reserving mineral land from the railroad land grants ? Answer. Petroleum lands are mineral lands within the meaning of that term in railroad land grants. 6. Does the fact that the appellant was not in privity with the Government in any respect at the time when the patent was issued to the railroad company prevent him from attacking the patent on the ground of fraud, error, or irregularity in the issuance thereof as so alleged in the bill? Answer. It does. 7. If the mineral exception clause was inserted in the patent with the consent of the defendant. Southern Pacific Railroad Co., and under an understanding and agreement between it and the officers of the Interior Department that said clause should be effective to keep in the United States title to such of the lands described in the patent as were in fact mineral, are the defendants, Southern Pacific Railroad Co. and the Kern Trading & Oil Co., estopped to deny the validity of said clause? Answer. No; such an agreement is of no greater force as an estoppel than the excep- tion in the patent. The latter being void, the patent passes the title and is not open to collateral attack, or to attack by strangers whose only claim was initiated after the issue of the patent. Burke v. Southern Pac. R. Co., 234 U. S. 669. 16 STAT. 382, JUNE 28, 1870. SOUTHERN PACIFIC— PATENTS. JOINT RESOLUTION Concerning the Southern Pacific Railroad of California. Be it resolved, etc., That the Southern Pacific Kailroad Co. of California may construct its road and telegraph Ime, as near as may be, on the route indicated by the map filed by said company in the Department of the Interior on the 3d day of January, 1867; and upon the construction of each section of said road, in the manner and within BAILBOAD GRANTS, PP. 1000-1158. 1139 the time provided by law, and notice thereof being given by the company to the Secretary of the Interior, he shall direct an examina- tion of each sucli section by commissioners to be appointed by the President, as provided in tlie act of making a grant of land to said company, approved July 27, 186G, and upon the report of the com- missioners to the Secretary of the Interior that such section of said railroad and telegraph line has been constructed as required by law, it shall be the duty of the said Secretary of the Interior to cause patents to be issued to said company for the sections of land coter- minous to each constructed section reported on as aforesaid, to the extent and amount granted to said company by the said act of July 27, 1866, expressly saving and reserving all rights of actual settlers together with the other conditions and restrictions provided for in the third section of said act. See 14 Stat. 292, sec. 18, p. 1132. 15 STAT. 187, JTTLY 25, 1868. SOUTHERN PACIFIC— EXTENSION OF TIME. AN ACT To extend the time for the construction of the Southern Pacific Railroad in the State of California. Be it enacted, etc.. That the Southern Pacific Railroad Co. of the State of California shall, instead of the times now fixed by law for the construction of the first section of its road and telegraph line, have until the 1st day of July, 1870, for the construction of the first 30 miles, and they shall be required to construct at least 20 miles every year thereafter, and the whole line of their road within the time now provided by law. A. RAILROAD GRANT— SOUTHERN PACIFIC. 1. Return of surveyor general — Entry without notice. 2. Application for patent — Protest — Hearing. 1. return of surveyor general entry without notice. The return of the surveyor general does not warrant the local officers upon presenta- tion of an application for mineral patent to land that has been segregated from the public domain by grant to a railroad company in permitting an entry to be made with- out due and proper notice to such company. Southern Pac. R. Co. v. Grifiin, 20 L. D. 485, p. 486. Where lands returned as mineral by a surveyor have been many times explored by those in search of mineral lands, it is fair to presume that all such mineral lands have been located, and the return in such case is not controlling. Benjamin v. Southern Pac. R. Co., 21 L. D. 387, p. 389. 2. APPLICATION FOR PATENT PROTEST HEARING. In an application for patent for lands under this grant a protest containing no specific allegation as to the presence of mineral in any particular tract covered by the application will not warrant a hearing as to the character of the land. Benjamin v. Southern Pac. R. Co., 21 L. D. 387, p. 389. 1140 UmTED STATES MINING STATUTES ANNOTATED. 14 STAT. 338, JULY 28, 1866. ARKANSAS AND MISSOURI— MINERAL LANDS EXCEPTED. AN ACT To revive and extend the provisions of an act granting the right of way and making a grant of land to Arkansas and Missouri, to aid in tlie construction of a rail- road from the Mississippi River to the Texas boundary. Be it enacted, etc., That the act ^^Grantuig the right of way and making a grant of lands to the States of Arkansas and Missouri to aid in the construction of a raih^oad from a point upon the Mississippi opposite the mouth of the Ohio River, via Little Rock, to the Texas boundary, near Fulton, in Arkansas, with branches to Fort Smith and the Mississippi River," approved February 9, 1853, with all the provisions therein made, be, and the same is hereby, revived and extended for the term of 10 years from the passage of this act; and all the lands therein granted, which reverted to the United States, under the provisions of said act, be, and the same are hereby, restored to the same custody, control, and condition, and made subject to the uses and trusts in all respects as they were before and at the time such reversion took effect: Provided, That all mineral lands within the limits of this grant and the grant made in section 2 of this act are hereby reserved to the United States: And provided further, That all property and troops of the United States shall at all times be trans- ported over said railroad and branches at the cost, charge, and expense of the company or corporation owning or operating said road or branches respectively, when so required by the Government of the United States. A. GRANT TO STATES— ARKANSAS AND MISSOURI. 1. MINERAL LANDS EXCEPTED. This act granting lands to Arkansas and Missouri expressly reserved all mineral lands within the grant. St. Louis, etc., R. Co. v. McGee, 115 U. S. 469, p. 472. 14 STAT. 548, MARCH 2, 1867. MINERAL LANDS EXCEPTED— CALIFORNIA. AN ACT Granting lands to aid in the construction of a railroad from Stockton to the town of Copperopolis, Cal. Be it enacted, etc. * * * Sec. 2. That there be, and is hereby, granted to the State of Cali- fornia, for the construction of the said Stockton & CopperopoUs Rail- road, its successors and assigns, for the purpose of aiding in the con- struction of said railroad, upon the condition prescribed in section 1 of this act, and to secure the safe and speedy transportation of the mails, troops, munitions of war, and public stores over the route of said line of railway, every alternate section of public land designated by odd numbers to the extent of five alternate sections on each side of said railroad line as said company may adopt, whenever on the line thereof the United States have full title, not reserved, sold, granted, or otherwise appropriated, and free from preemption or other claims or rights at the time the line of said road is definitely fixed and a plot thereof filed in the office of the Commissioner of the EAILEOAD GRANTS^ PP. 1009-1158. 1141 General Land Oflicc. And whojiever, ])rior to said time, any of said sections or ])arts of sections shall have been granted, sold, reserved, or covered by private land grants, or occupied by homestead settlers, or preempted, or otherwise dis])osed of, other lands shall be selected by said company, in lieu thereof, on the line of said road, within 20 miles of the same, under the direction of the Secretary of the Interior, in alternate sections, and designated by odd numbers: Provided, That all lands containing gold, or silver, or copper, be, and the same are hereby, excluded from the operations of this act, and in lieu thereof, a like quantity of unoccupied and unappropriated lands, in odd-numbered sections, within the said 20 miles of the line of said road, may be selected, as above provided: And provided further, That the word ''mineral," where it occurs in this act, shall not be held to include iron or coal. 16 STAT. 94, MAY 4, 1870. OREGON CENTRAL— MINERAL LANDS EXCEPTED. AN ACT Granting lands to aid in the construction of a railroad and telegraph line from Portland to Astoria and McMinnville, Oreg. Be it enacted, etc., That for the purpose of aidmg in the construc- tion of a railroad and telegraph line from Portland to Astoria, and from a suitable point of junction near Forest Grove to the Yamkill River, near McMinnville, in the State of Oregon, there is hereby granted to the Oregon Central Railroad Co., now engaged in constructing the said road, and to their successors and assigns, the right of way through the pubhc lands of the width of 100 feet on each side of said road, and the right to take from the adjacent public lands materials for con- structing said road, and also the necessary land for depots, stations, sidetracks, and other needful uses in operating the road, not exceeding 40 acres at any one place; and, also, each alternate section of the public land, not mdneral, excepting coal or iron land, designated by odd numbers nearest to said road, to the amount of 10 such alternate sections per mile, on each side thereof, not otherwise disposed of or reserved or held by valid preemption or homestead right at the time of the passage of this act. And in case the quantity of 10 full sections f)er mile can not be found on each side of said road, within the said imits of 20 miles, other lands designated as aforesaid shall be selected under the direction of the Secretary of the Interior on either side of any part of said road nearest to and not more than 25 miles from the track of said road to make up such deficiency. 16 STAT. 573, p. 576, MARCH 3, 1871. TEXAS PACIFIC— MINERALS EXCEPTED— COAL AND IRON NOT EXCEPTED. AN ACT To incorporate the Texas Pacific Railroad Co.' and to aid in the construction of its road. Be it enacted, etc., That (certain persons here named) and all such persons as shall or may be associated with them, and their successors, are hereby created a body politic and corporate in fact and in law, by the name, style, and title of the Texas Pacific Railroad Co., and by that name shall have perpetual succession, and shall be able to sue and 1142 UNITED STATES MINING STATUTES ANNOTATED. be sued, plead and be impleaded, defend and be defended, in all courts of law and equity within the United States, and may make and use a common seal; and the said corporation is hereby authorized and empowered to lay out, locate, construct, furnish, maintain, and enjoy a continuous railroad and telegraph line, with the appurte- nances, from a point at or near Marshall, county of Harrison, State of Texas; thence by the most direct and eligible route, to be de- termined by said company, near the thirty-second parallel of north latitude, to a point at or near El Paso ; thence by the most direct and eligible route, to be selected by said company, through New Mexico and Arizona, to a point on the Rio Colorado, at or near the south- eastern boundary of the State of California; thence by the most direct and eligible route to San Diego, CaL, pursuing in the location thereof, as near as may be, the thirty-second parallel of north latitude, and is hereby vested with all the powers, privileges, and immunities necessary to carry into effect the purposes of this act. ******* Sec. 9. That for the purpose of aiding in the construction of the railroad and telegraph line herein provided for, there is hereby granted to the said Texas Pacific Railroad Co., its successors and assigns, every alternate section of public land, not mineral, designated by odd numbers, to the amount of 20 alternate sections per mile, on each side of said railroad line, as such line maybe adopted by said company, through the Territories of the United States, and 10 alternate sections of land per mile on each side of said railroad in California, where the same shall not have been sold, reserved, or otherwise disposed of by the United States, and to which a preemption or homestead claim may not have attached at the time the line of said road is definitely fibced. In case any of said lands shall have been sold, reserved, occu- pied, or preempted, or otherwise disposed of, other lands shall be selected in lieu thereof by said company, under the direction of the Secretary of the Interior, in alternate sections, and designated by odd numbers, not more than 10 miles beyond the limits of said alternate sections first above named, and not including the reserved numbers. If, in the too near approach of the said railroad line to the boundary of Mexico, the numher of sections of land to which the company is entitled can not be selected immediately on the line of said railroad, or in lieu of mineral lands excluded from this grant, a like quantity of unoccupied and unappropriated agricultural lands, in odd-num- bered sections nearest the Ime of said railroad may be selected as above provided; and the word ' 'mineral," where it occurs in this act, shall not be held to include iron or coal: Provided, however. That no public lands are hereby granted within the State of California further than 20 miles on each side of said road, except to make up deficiencies as aforesaid, and then not to exceed 20 miles from the lands originally granted. * * * Sec. 23. That, for the purpose of connecting the Texas Pacific Railroad with the city of San Francisco, the Southern Pacific Rail- road Co. of California is hereby authorized (subject to the laws of California) to coastruct a line of railroad from a point at or near Tehachapa Pass, by way of Los Angeles, to the Texas Pacific Railroad at or near the Colorado River, with the same rights, grants, and priv- ileges, and subject to the same limitations, restrictions, and conditions RAILROAD GRANTS, PP. 1009-1158. 1143 as were granted to said Soutliorii Pacific Railroad Co. of California, by the act of July 27, ISCUi: l^rovided, however, That this section shall in no way affect or impair the rights, present or prospective, of the Atlantic & Pacific Railroad Co. or any other railroad company. A. RAILROAD GRANT— TEXAS PACIFIC. 1. INDEMNITY LANDS PETROLEUM LANDS EXCEPTED. Under the power given the raiboad company to sell indemnity lands the railroad can not select lands containing petroleum. Union Oil Co., In re (on review), 25 L. D. 351, p. 352. See Union Oil Co., In re, 23 L. D. 222. 16 STAT. 580, MARCH 3, 1871. SOUTH & NORTH RAILROAD— MINERAL LANDS EXCEPTED. AN ACT To renew certain grants of land to the State of Alabama. Be it enacted, etc., That the grant of lands made to the State of Alabama by the act of Congress approved June 3, 1856, entitled ''An act granting public lands, in alternate sections, to the State of Alabama, to aid in the construction of certam railroads in said State," to assist in the building of a railroad from the city of Mont- gomery, Ala., to some point on the Alabama and Tennessee State line, in the direction of Nashville, is hereby revived and renewed for the use and benefit of the South & North Alabama Kailroad Co., subject to all the conditions and restrictions contained in the act re- ferred to, and subject to the further limitation, that if the said rail- road is not completed within three years from the passage of this act no further sale shall be made for the benefit of said road, and the lands unsold shall revert to the United States: Provided, That , the lands granted by the act hereby revived, except mineral lands, shall be sold to actual settlers only, in quantities not greater than one-quarter section to any one purchaser, and for a price not exceed- ing $2.50 per acre. 17 STAT. 339, JUNE 8, 1872. DENVER & RIO GRANDE— RIGHTS CONFERRED. AN ACT Granting the right of way through the public lands to the Denver & Rio Grande Railway Co. Be it enacted, etc., That the right of way over the public domain, 100 feet m width on each side of the track, together with such public lands adjacent thereto as may be needed for depots, shops, and other buildings for railroad purposes, and for yard room and sidetracks, not exceeding 20 acres at any one station, and not more than one station in every 10 miles, and the right to take from the public lands adjacent thereto, stone, timber, earth, water, and other material required for the construction and repair of its railway and telegraph line be, and the same are hereby, granted and confirmed unto the Denver & Eio Grande Railway Co., a corporation created under the incorporation laws of the Territory of Colorado, its successors and assigns; * * * and the same rights, powers, and privileges 1144 UNITED STATES MINING STATUTES ANNOTATED. conferred upon the Union Pacific Railroad Co. by section 3 of an act approved July 2, 1864, are hereby conferred upon the above- named company, its successors and assigns: * * * A. RAILROAD GRANT— DENVER & RIO GRANDE. 1. MINING CLAIMS SUBJECT TO GRANT. A mineral claimant must take liis claim subject to the right of occupation by a railroad company for station purposes. McCarthy, In re, 14 L. D. 105, p. 110. This act was an absolute unconditional grant in presenti, which acquired precision upon the location of the company's road, and in an action by a mineral claimant for damages for appropriation of his claim for a right of way, the act itself is not proof sufficient to show that the mining claim was within the limits of such right of way. Jackson v. Dines, 13 Colo. 90, p. 97. 24 STAT. 477, MARCH 3, 1887. SALT LAKE & FORT DOUGLAS— RIGHTS CONFERRED. AN ACT Granting a right of way through certain public lands in Utah, Be it enacted, etc., That a right of way is hereby granted to the Salt Lake & Fort Douglas Kailway, a corporation duly organized under the laws of the Territory of Utah, across the Fort Douglas Military Keservation, by a route surveyed and laid down on a prop- erly certified map, a copy of which is now on file with the Secretary of War, which location has been submitted to and approved by the post commander and the commander of the department. Said right of way hereby granted shall not exceed 100 feet in width through ,said reservation, except where sidetracks, spurs, turntables, or sta- tions are located or to be located ; and at such pomts the right of way shall not exceed 200 feet on each side of the main track and not exceeding 2,000 feet in length. * * * Sec. 2. That the grant contained in the first section of this act is made upon the express condition that the Salt Lake Rock Co., its successors and assigns, shall first convey to the United States a title in fee simple, free and clear of all encumbrance, to the approval of the Attorney General of the United States, of the following lands, water, and water rights in Salt Lake County, Territory of Utah, to wit: Sections numbered 25 and 35, township numbered 1, range numbered 1 east, and section numbered 19, township numbered 1, range numbered 2 east, with all the water and water rights thereon, excepting and reserving to the said company, its successors and as- signs, all stone, brick clay, and other building materials, and all minerals in and upon said lands, and the right to enter thereon and prospect for, develop, quarry, and remove such stone, brick clay, and other building materials, and all such minerals, with the right to locate and construct all necessary railroads, wagon roads, and trails, to give the said company the benefit and enjoyment of the rights reserved to it, and its successors and assigns, by this act, and also, in addition thereto, the right of use of so much water as may be necessary for engine purposes; and the said reservations are hereby confirmed as against the United States: * * * RAILROAD GRANTS, PP. 1099-1158. 1145 A. DESERT LANDS. Desert lands under this act are those exclusive of timber and mineral lands. Wyoming, In re, 38 L. D. 508, p. 509. 24 STAT. 556, MARCH 3, 1887. ADJUSTMENT OF GRANTS— FORFEITURE OF UNEARNED LANDS. AN ACT To provide for the adjustment of land grants made by Congress to aid in thr? construction of railroads and. for the forfeiture of unearned lands, etc. Be it enacted, etc., That the Secretary of the Interior be, and is hereby authorize! and directed to immediately adjust, in accordance with the decisions of the Supreme Court, each of the railroad land grants made by Congress to aid in the construction of railroads and heretofore unadjusted. Sec. 2. That if it shall appear, upon the completion of such adjust- ments respectfully, or sooner, that lands have been, from any cause, heretofore erroneously certified or patented, by the United States, to or for the use or benefit of any company claiming by, through, or under grant from the United States, to aid in the construction of a railroad, it shall be the duty of the Secretary of the Interior to there- upon demand from such company a relinquishment or reconveyance to the United States of all such lands, whether within granted or indemnity limits; and if such company shall neglect or fail to so reconvey such lands to the United States, within 90 days after the aforesaid demand shall have been made, it shall thereupon be the duty of the Attorney General to commence and prosecute in the proper courts the necessary proceedings to cancel all patents, certi- fication, or other evidence of title heretofore issued for such lands, and to restore the title thereof to the United States. Sec. 3. That if, in the adjustment of said grants, it shall appear that the homestead or preemption entry of any bona fide settler has been erroneously canceled on account of any railroad grant or the withdrawal of public lands from market, such settler upon appli- cation, shall be reinstated in all his rights and allowed to perfect his entry by complying with the public land laws: Provided, That he has not located another claim or made an entry in lieu of the one so erroneously canceled: And provided also, That he did not volun- tarily abandon said original entry: And provided further, That if any of said settlers do not renew their application to be reinstated within a reasonable time, to be fixed by the Secretary of the Interior, then all such unclaimed lands shall be disposed of under the public land laws, with priority of right given to bona fide purchasers of said unclaimed lands, if any, ana if there be no such purchasers, then to bona fide settlers residing thereon. * * * Sec. 5. That where any said company shall have sold to citizens of the United States, or to persons wno have declared their intention to become such citizens, as a part of its grant, lands not conveyed to or for the use of such company, said lands being the numbered sections prescribed in the grant, and being coterminous with the constructed parts of said road, and where the lands so sold are for any reason excepted from the operation of the grant to said company, it shall be lawful for the bona fide purchaser thereof from said com- pany to make payment to the United States for said lands at the 56974°— Bull. 94, pt 2—15 21 1146 UNITED STATES MINING STATUTES ANNOTATED. ordinary Government price for like lands, and thereupon patents shall issue therefor to the said bona fide purchaser, his heirs or assigns: Provided, That all lands shall be excepted from the provisions of this section which at the date of such sales were in the bona fide occupation of adverse claimants under the preemption or homestead laws of the United States, and whose claims and occupation have not since been voluntarily abandoned, as to which excepted lands the said preemption and homestead claimants shall be permitted to per- fect their proofs and entries and receive patents therefor: Provided further, That this section shall not apply to lands settled upon subsequent to the 1st day of December, 1882, by persons claiming to enter the same under the settlement laws of the United States, as to which lands the parties claiming the same as aforesaid shall be entitled to prove up and enter as in other like cases. * * * Sec. 7. That no more lands shall be certified or conveyed to any State or to any corporation or individual, for the benefit of either of the companies herein mentioned, where it shall appear to the Secretary of the Interior that such transfers may create an excess over the quantity of lands to which such State, corporation or individual would be rightfully entitled. A. RAILROAD GRANT— ADJUSTMENT. B. MINERAL CHARACTER OF LAND— SUBSEQUENT DISCOVERY OF MINERALS. C. APPLICATION TO PURCHASE— SHOWING, p. 1147. D. PURCHASER FROM RAILROAD COMPANY— TITLE TO MINER- ALS, p. 1147. A. RAILROAD GRANT— ADJUSTMENT. 1. APPLICATION OF ACT PATENT FOR MINERAL LANDS. This statute applies to a patent erroneously issued by Government officers for lands which were valuable for mineral but purchased as agricultural lands. United States v. Central Pac. R. Co., 84 Fed. 218, p. 221. Where lands within the limits of a railroad grant are known to be mineral when the patent is granted by mistake or oversight, then the United States has an interest in such lands which will warrant the institution of proceedings to set aside a patent. Bullock V. Central Pac. R. Co., 11 L. D. 590, p. 592. McLaughlin v. United States, 107 U. S. 526. Western Pac. R. Co. v. United States, 108 U. S. 510. Mullan v. United States, 118 U. S. 271. Winona, etc., R. Co., In re, 9 L. D. 649. Central Pac. R. Co. v. Valentine, 11 L. D. 238. See Plymouth Lode, In re, 12 L. D. 513. This act was intended to cover contracts other than those evidenced by deed, as it applies exclusively to lands sold or contracted away by railroad companies before they had themselves obtained title. Austin V. Luey, 21 L. D. 507, p. 511. B. MINERAL CHARACTER OF LAND— SUBSEQUENT DISCOVERY OF MINERALS. The known character of the land at the date of the purchase from the company is the determining factor in a controversy involving the character of the land applied for under this act, and in order to except lands from purchase for the reason that they EAILROAD (IKAMTS, PP. 1099-1158. 1147 contained mineraLs, it must ap])oar that the lands were of known mineral character at the date of the sale, by the laiul-ujrant company, and were such that the purchaser should have known at the time of his -[jurchase were excei)ted from the ^ranttothe railroad company. Clogston V. Palmer, 32 L. D. 77, p. 82. Lands otherwise coming within the ])rovisions of this section and not known to be mineral in character at the time of their purchase from the railroad company, and which are subsequently found to be mineral, are not for that reason excei)ted from the provisions of this act. Clogston V. Palmer, 32 L. D. 77, p. 80. C. APPLICATION TO PURCHASE— SHOWING. Under this section an application for purchase should show that the land applied for was of the numbered sections prescribed in the grant and was coterminous with the constructed parts of the railroad and was sold by the company as a part of its grant to one under whom the applicant claims, and is excepted from the operation of the grant by reason of the prior grant to the Atlantic & Pacific Railroad Company, and at the date of the sale it v/as not in the bona fide occupancy of adverse claimants under preemption or homestead law s, and that it has not been settled upon subse- quent to the first day of December, 1882, and the applicant is a citizen of the United States and a bona fide purchaser by assignment of the Southern Pacific Railroad Company's contract and deed. Clogston V. Palmer, 32 L. D. 77, p. 79. The right to purchase from the Government under this section is not limited to the immediate purchaser from the company, but may be exercised by any bona fide pur- chaser who has the requisite qualifications as to citizenship, without reference to the qualifications of his immediate grantor or of any intervening purchaser, and the pro- visions of the section extend to bona fide purchases made since the date of the act. Clogston V. Palmer, 32 L. D. 77, p. 79. D. PURCHASER FROM RAILROAD COMPANY— TITLE TO MINERALS. Under this section the right of a purchaser from the railroad company can not be defeated by a mineral claimant unless the proof shows as a present fact that the land is more valuable for mineral therein than for agricultural purposes. Austin V. Luey, 21 L. D. 507, p. 511. The grant to the railroad did not except lands valuable for coal. Santa Fe Pac. R. Co., In re, 39 L. D. 135, p. 13G. Congress, knowing that the railroad company acquired title to coal land under its grant, clearly provided in this act that the company could relinquish any section of land acquired which is occupied by a small holding settler, thus protecting the home; the land so relinquished may be patented to the settler if he can show himself qualfied under the term of the act, and as the act provides that the railroad company relin- quishing such land may select in lieu thereof "vacant public land of equal quality," the company may, upon relinquishing land valuable for coal, select in lieu thereof coal land equal in value to those relinquished. Santa Fe Pac. R. Co., In re, 39 L. D. 135, p. 138. II. RAILROAD LANDS— CLASSIFICATION. 28 STAT. 683, 2 SITPP. R. S. 385, FEBRUARY 26, 1895. CLASSIFICATION OF MINERAL LANDS— NORTHERN PACIFIC. AN ACT To provide for the examination and classification of certain mineral lands in the States of Montana and Idaho. Be it enacted, etc., That the Secretary of the Interior be, and is hereby, authorized and directed, as speedily as practicable, to cause all lands within the land districts hereinafter named in the States of Montana and Idaho withui the land grant and indemnity land grant limits of the Northern Pacific Kailroad Co., as defined by an act of Congress entitled "An act grantmg lands to aid in the construction of a railroad and telegraph line from Lake Superior to Puget Sound, on the Pacific coast, by the northern route," approved July 2, 1864 (13 Stat. 365), and acts supplemental to and amendatory thereof, to be examined and classified by commissioners to be appointed as hereinafter provided, with special reference to the mineral or non- mineral character of such lands, and to reject, cancel, and disallow any and all claims or filings heretofore made, or which may hereafter be made, by or on behalf of the said Northern Pacific Railroad Co. on any lands in said land districts which upon examination shall be classified as provided in this act as mineral lands. Sec. 2. That for the purpose of making the examination herein provided for there shall be appointed by the President of the United States, as soon as practicable after the passage of this act, three com- missioners for each of the following land districts, to wit : The Boze- man, Helena, and Missoula land districts, in the State of Montana, and the Couer d'Alene land district, in the State of Idaho, at least one of whom for each district shall be a practical miner and a resident of such district; and said persons so appointed for each district shall constitute a board of commissioners to perform within such district the duties herein prescribed. They shall each receive for their com- pensation $10 for each day they may be actually engaged in the per- formance of their duties, which shall include their transportation and subsistence expenses, but the total amount of compensation to be paid to each commissioner annually shall in no case exceed the sum of $2,500; and their accounts shall be audited by the Secretary of the Interior and paid monthly. Before entering upon their duties each of said commissioners shall take an oath to faitlifully perform the duties of his office. Said commissioners shall make examination of the lands herein mentioned within their respective districts, and may also take the testimony of witnesses as to the mineral or non- mineral character of any of said lands, and receive any other evidence relating to said matter, and shall have power to summon witnesses to appear before them, and to administer oaths; and they shall, imme- ediately upon their appointment, proceed to examine and classify the lands herein mentioned within their respective districts, as provided in this act, and shall fully complete said classification within the 1148 RAILKOAD GRANTS, PP. 1009-1158. 1149 term of 4 years from the date of this act. The oath of office of said commissioners shall be filed by them in the office of the Commissioner of the General Land Office. All testiimmy tak(^n by said commis- sioners shall be reduced to wiiting, subscribed by the witnesses, and filed with the report of the commissioners hereinafter required. The action or decision of a majority of said commissioners in each dis- trict shall control in all matters herein provided for. That the com- missioners shall perform the work of examination and classification herein directed according to such rules and regulations as the Secre- tary of the Interior shall prescribe. Sec. 3. That all said lands shall be classified as mineral which by reason of valuable mineral deposits are open to exploration, occupa- tion, and purchase under the provisions of the United States mining laws, and the commissioners, in making the classification herein provided for, shaU take into consideration the mineral discovered or developed on or adjacent to such land, and the geological forma- tion of all lands to be examined and classified, or the lands adjacent thereto, and the reasonable probabilities of such land containing valuable mineral deposits because of its said formation, location, or character. The classification herein provided for shall be by each legal subdivision where the lands have been surveyed. If the lands examined are not surveyed, classification shaU be made by tracts of such extent, and designated by such natural or artificial boundaries to identify them, as the commissioners may determine. Where min- ing locations have been heretofore made or patents issued for mining ground in any section of land, this shall be taken as prima facie evidence that the 40-acre subdivision within which it is located is mineral land: Provided, That the word '^mineral," where it occurs in this act, shall not be held to include iron or coal: And provided further. That the examination and classification of lands hereby authorized shall be made without reference or regard to any previous examination or report or classification thereof. Sec. 4. That such of the lands herein mentioned as have been surveyed prior to the passage of this act shall be first examined and classified as herein provided, and afterwards, and as speedily as practicable, the landfs herein mentioned which have not been sur- veyed, until all the lands herein mentioned shall have been examined and classified, as herein provided. Sec. 5. That said commissioners shall, on or before the fifth day of each month, file in the office of the register and receiver of the land office of the land district in which the land examined and classified is situated a fuU report, in duplicate, in such form as the Secretary of the Interior may prescribe, showing all lands examined by them during the preceding month, and specifying clearly, by legal subdi- visions, where the land is surveyed, or otherwise by natural objects or permanent monuments to identify the same, the lands classified by them as mineral lands and those classified as nonmineral; and with said report shall be filed all testimony taken and written communications received by said commissioners relating to the lands embraced in the report. '^The register and receiver shall file one duplicate of said report in their office, together with aU accom- panying testimony and papers, and the other dupHcate shall be by them forwarded direct to the Secretary of the Interior, and said 1150 UNITED STATES MINING STATUTES ANNOTATED. commissioners shall furnish to the Secretary of the Interior at any time such further or additional report or information as he may require concerning any matters relating to their duties or the per- formance of the same. Upon receipt of such report the register of the land office shall, at the expense of the United States, cause to be pubhshed in a newspaper of general circulation in the county in which the land is located, and in one newspaper published at the capital city of the State in which the lands may be situated, at least once a week for four consecutive weeks, notice of the classification of lands as shown by said report, and any person, corporation, or company feeling aggrieved by such classification may, at any time within 60 days after the first pubfication of said notice, file with the register and receiver of the land office a verified protest against the acceptance of said classification, which protest shall set forth in concise language the grounds of objection to the classification as to the particular land in said protest described, whereupon a hearing shall be ordered by, and conducted before, the said register and receiver, under rules and regulations as near as practicable in con- formity with the rules and practice of such land office in contests involving the mineral or nonmineral character of land in other cases ; and an appeal from the decision of the register and receiver shall be allowed to the Comnussioner of the General I^and Office and the Sec- retary of the Interior, under such rules and regulations as the Secre- tary of the Interior may prescribe: Provided, That at such hearings the United States shaU be represented and defended by the United States district attorney or his assistants for the judicial district in which the land is situated, unless the Secretary of the Interior shall detail some proper officer of the Department of the Interior for that purpose. The compensation for such service shall not ex- ceed $10 per day for each day's actual service before the register and receiver, to be paid out of the fund provided for the examing-tion and classification of said mineral lands. Sec. 6. That as to the lands against the classification whereof no protest shall have been filed as hereinbefore provided, the classifica- tion, when approved by the Secretary of the Interior, shall be con- sidered final, except in case of fraud, and all plats and records of the local and general land offices shall be made to conform to such classification. All lands so classified as above without protest, and the classification whereof is disapproved by the Secretary of the Interior, and aU lands whereof the classification has been invalidated for fraud, shall be subject to hearing and determination in such man- ner as the Secretary of the Interior may prescribe. And as to all such lands, and as to the lands against the classification whereof protest may be filed, the final ruling made after the day set for hearing shall determine the proper classification; and all records of the local and general land offices shall be made to conform to the classification as determined by such final ruling, and all costs of such hearings shaU be paid by the unsuccessful party, imder such rules as the Secretary of the Interior may prescribe; and the Secretary of the Interior is hereby authorized to establish such rules and regulations as may be necessary to carry into effect the true intent and pro- visions of this act as speedily as practicable. Sec. 7. That no patent or other evidence of title shall be issued or delivered to said Northern Pacific Railroad Co. for any land in KAILROAD GRANTS, PP. 1009-1158. 1151 said land districts until such land shall have been examined and classified as nonmineral, as provided for in this act, and such patent or other evidence of title shall only issue then to such land, if any, in said land districts as said company may be, by law and compliance therewith and by the said classification, entitled to, and any patent, certificate, or record of selection, or other evidence of title or right to possession of any land in said land districts, issued, entered, or deUvered to said Northern Pacific Railroad Co. in violation of the provisions of this act shall be void: Provided, That nothing contained in this act shall be taken or construed as recognizing or confirming any grant of land or the right to any land in the said Northern Pacific Railroad Co., or as waiving or in any wise affecting any right on the part of the United States against the said Northern Pacific Railroad Co. to claim a forfeiture of any land grant hereto- fore made to said company. Sec. 8. That there is hereby appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $20,000, or so much thereof as may be necessary, to be expended to carry into effect the provisions of this act, the same to be paid out upon the order of the Secretary of the Interior; and the Secretary of the Interior is hereby required to embrace in the annual estimates submitted to Congress for appropriations for the Interior Department a suffi- cient sum to pay the said commissioners for the fiscal year next ensuing, and annually thereafter until the classification of lands required by this act has been fully accomplished. A. RAILROAD GRANT— MINERAL LANDS CLASSIFIED. 1. pukpose of act classification of mineral lands. 2. Classification of railroad lands within certain limits. 3. Act refers to mining laws in force at time. 4. Tribunal for determining character of land. 5. Classifications — Matters considered by commissioners. 6. liANDS classified AS MINERAL. 7. Classification — Effect as to mineral character. 8. Selections of classified lands canceled. 9. Indemnity selections — Limits. 10. Mineral locations and entries not suspended. 11. Protest against classification — Effect — Practice. 12. Classification — Approval. 1. purpose of act classification of mineral lands. This act limits the right of the railroad company under its original grant, and the act of March 2, 1899 (30 Stat. 993), can not be so construed as to remove the limitation imposed by this classification act. Idaho V. Northern Pac. Tl. Co., 37 L. D. 135, p. 137. The purpose of tliis act was to determine speedily and finally what lands within the limits of the original grant were excepted from its terms by reason of their mineral character. Luthye v. Northern Pac. R. Co., 29 L. D. 675, p. 677. 1152 UNITED STATES MINING STATUTES ANNOTATED. This statute was designed to separate the mineral lands from the nonmineral lands for the purpose of aiding a speedy adjustment of the Northern Pacific land grant and the classification, when made by the commissioners, was final as to the railroad com- pany, yet it did not prevent such disposal of the lands as might be proper when a sub- sequent showing is made as to their character, the effect of a return by the mineral land commissioners being likened to a return of mineral lands made by a Govern- ment surveyor. St. Paul, etc., R. Co., In re, 34 L. D. 211. This act authorizes the Secretary of the Interior to cause all lands within certain specified districts in Montana and Idaho within the Northern Pacific land grant to be examined and classified by commissioners and the railroad company is afforded due and full opportunity to be heard in opposition to the mineral classification to be made by the commissioners; but any lands classified as mineral under the act are excluded from the operation of the grant to the railroad company, and any patent issued in violation of the provisions of the act is void. Northern Pac. R. Co. v. Frei, 34 L. D. 661, p. 663. Under section 7 mineral land commissioners were appointed to examine and classify the lands as to their mineral character. Traphagen v. Kirk, 30 Mont. 562, p. 572. 2. CLASSIFICATION OF RAILROAD LANDS WITHIN CERTAIN LIMITS. This act limited the classification of lands in Idaho to the lands within the Coeur d'Alene land district and the railroad company in leasing or selecting these lands is required to give notice as to such other lands as are within 6 miles of the mining claim. Northern Pac. R. Co., In re, 31 L. D. 394, p. 395. The classification of lands not within the limits of the Northern Pacific land grant is unauthorized and can not be held as affecting the character of the land whether they were returned as mineral at the time of the survey or not. Northern Pac. R. Co. v. Mann, 33 L. D. 621, p. 622. See Idaho v. Northern Pac. R. Co., 37 L. D. 135, p. 136. A classification of the even-numbered sections within the specified territory was not authorized under this act, and as the returns made at the time of actual Govern- ment survey showed the tracts to be nonmineral, an objection that the company's selection was based upon the mineral classification of lands, is not well taken. Northern Pac. R. Co. v. Idaho, 37 L. D. 68, p. 69. 3. ACT REFERS TO MINING LAWS IN FORCE AT TIME. This statute must be understood as referring to the United States mining laws in force at the time of its enactment, including the act of August 4, 1892 (27 Stat. 348), by which lands that are chiefly valuable for building stone were made subject to entry under the placer mineral land sections. Northern Pac. R. Co. v. Soderberg, 99 Fed. 506, p. 508. Northern Pac. R. Co. v. Soderberg, 104 Fed. 425, p. 428. 4. TRIBUNAL FOR DETERMINING CHARACTER OF LAND. The fact that this act creates a special tribunal to determine the character of land within the Northern Pacific Railroad grant, with respect to their mineral or non- mineral character, does not directly or by implication suspend the action of the Land Department in this respect; nor does it suspend mineral locations or entries. Sweeney v. Northern Pac. R. Co., 21 L. D. 65. See Sweeney v. Northern Pac. R. Co., 20 L. D. 394. BAILROAD CEANTR, PP. 1000-1158. 1153 The Secretiiry of the Interior construed (his act as inleiuh'd to facilitate the adjust- ment of the grant of land to the Northern racific llailroad Co. l)y enabling him to ascertain without delay what lands within the limits of the grant in the States of Mon- tana and Idaho were mineral in character and excepted from the operation of the grant, and the Secretary determined that the classification of land as mineral did not prevent the Land Department from making such disposition of the land as would be proper upon a subsequent showing that the land was not in fact mineral. Lvnch V. United States, 138 Fed. 535, p. 543. See Instructions, In re, 25 L. D. 446; 26 L. D. 423, p. 424. This act approves the mode of determining what is mineral land and authorizes commissioners to be appointed to determine the mineral character of lands from the adjacent lands and their mineral character and geological formation, and the reason- able probability of such lands containing valuable mineral deposits, and these may be taken as criterions for determining as to the lands upon which license is given to cut trees or timber under other acts of Congress. United States v. Mullan Fuel Co., 118 Fed. 663, p. 666. 5. CLASSIFICATIONS MATTERS CONSIDERED BY COMMISSIONERS. The question to be determined under this section is whether by observing the tests herein prescribed the evidence shows that it is reasonably probable that the land in controversy contains valuable mineral deposits, then it should be so classified and the language here used is in harmony with section 2319 of the Re\dsed Statutes. Holter V. Northern Pac. R. Co., 30 L. D. 442, p. 447. Where the evidence shows, taking into account the mineral discovered or developed on or adjacent to the land involved and the geological formation of the land and lands adjacent thereto, that there is a reasonable probability that the land contains valuable mineral deposits, then such lands must be held to be mineral and classified accord- ingly under this section. Holter V. Northern Pac. R. Co., 30 L. D. 442, p. 447. The commissioners are by this section directed to take into consideration the mineral discovered or developed on, or adjacent to the land, as well as the geological forma- tion of all lands to be examined and classified, and they are not to give them or any of them unusual conclusive effects. Holter V. Northern Pac. R. Co., 30 L. D. 442, p. 448. The question in determining the classification is whether the land is shown to con- tain mineral in sufiicient quantity and of such value as to justify a person of ordinary prudence in the further expenditure of his labor and means in an effort to extract such mineral, with a reasonable prospect of success in developing a paying mine. Holter V. Northern Pac. R. Co., 30 L. D. 442, p. 449. 6. LANDS CLASSIFIED AS MINERAL. By this statute all lands shall be classified as mineral which by reason of valuable mineral deposits are open to exploration and purchase under the United States mining laws; but the word mineral ' ' as used in this act does not include coal and iron, and it is clear that Congress used the term mineral lands" as the equivalent of the terms "lands valuable for minerals" and "all valuable mineral deposits" as used in the mining statutes. Pacific Coast Marble Co. v. Northern Pac. R. Co., 25 L. D. 233, p. 246. Overruling Tucker v. Florida R., etc., Co., 19 L. D. 414. See Florida Central & Peninsular R. Co., In re 26 L. D. 600, p. 601. 1154 UNITED STATES MINING STATUTES ANNOTATED. Under this section land shall be classified as mineral which by reason of valuable mineral deposits make them open to exploitation, occupation, and purchase under the provisions of the United States mining laws. Morrill v. Northern Pac. R. Co., 30 L. D. 475, p. 477. Lands containing valuable deposits of limestone which are more valuable for such limestone than for agricultural purposes are properly classified as mineral under this act. Morrill v. Northern Pac. R. Co., 30 L. D. 475, p. 439. The classification of lands containing valuable deposits of fire clay by the com- missioners under this statute as nonmineral is not justified where it appears that such lands are wholly unfit for agricultural purposes. Alldritt V. Northern Pac. R. Co., 25 L. D. 349, p. 351. The fact that land applied for as coal land lies in what is known as the Colorado coal field, including about 2,500 square miles, but in which there is probably not more than 100 square miles valuable for coal, and the further fact that there are valuable coal deposits in the vicinity of such lands does not prove such lands to be coal lands within the meaning of this act. Warren v. Colorado, 14 L. D. 681, p. 684. The commissioners appointed under this act have no authority to classify land as nonmineral for which certificates of placer location have beej. duly filed in the office of the clerk and recorder of the proper county, and where it is shown that the land is more valuable for mining than for agricultural purposes. Baudette v. Northern Pac. R. Co., 29 L. D. 248, p. 249. 7. CLASSIFICATION EFFECT AS TO MINERAL CHARACTER. The classification contemplated in this act was to be with special reference to the mineral or nonmineral character of such land and was for the purpose of adjusting the claim of the Northern Pacific Railroad Co. land grant, and in the absence of a protest and when approved by the Secretary of the Interior such classification became final and the tract classified as mineral was excepted from the grant to such railroad company. Lynch v. United States, 138 Fed. 535, p. 541. After the selection and classification by the commissioners under this act neither the railroad company nor third persons can question the mineral character of the lands so classified. Lamb v. Northern Pac. R. Co., 29 L. D. 102, p. 105. Luthye v. Northern Pac. R. Co., 29 L. D. 675, p. 677. The classification made under this act may be considered as a matter of evidence the same as any other material fact bearing upon the character of the land, and the return of nonmineral public lands as required by the act of March 2, 1899 (30 Stat, 993), was not intended to be accepted as conclusive. Idaho V. Northern Pac. R. Co., 37 L. D. 135, p. 139. 8. SELECTIONS OF CLASSIFIED LANDS CANCELED. A selection or filing by the railroad company either before or after the act would be immaterial, as all selections and filings upon all lands classified by the commission under the act were canceled. Luthye v. Northern Pac. R. Co., 29 L. D. 675, p. 677. RAILROAD r.RANTS, PP. 1000-1158. 1155 The Land Department, haH the right to take such further wteps as may Heem needful to protect the interests of the United States in lands classified under this act. Northern Pac. R. Co., In re, 33 L. D. 601, p. 604. See Northern Pac. R. Co., In re, 32 L. D. 611. 9. INDEMNITY SELECTIONS LIMITS. The indemnity selection for lost mineral lands may be made within 50 miles of the line of the railroad, as provided in section 3 of the act of July 2, 1804 (13 Stat. 365). Northern Pac. Land Grant, In re, 41 L. D. 571, p. 574. Northern Pac. Land Grant, In re, 41 L. D. 576. See Northern Pac. R. Co., 8 L. D. 13, p. 14. 10. MINERAL LOCATIONS AND ENTRIES NOT SUSPENDED. This act does not suspend mineral locations made prior to its passage, nor pending the approval by the Secretary of the Interior of the classification made by the com- missioners does it apply to cases where, prior to the approval of the classification, claimants under the mining laws have prima facie established the mineral character of the land, and their claims have passed to entry. Northern Pac. R. Co. v. Ledoux, 32 L. D. 24, p. 25. See Sweeney v. Northern Pac. R. Co., 21 L. D. 65. 11. PROTEST AGAINST CLASSIFICATION EFFECT PRACTICE. Where land has been classified as mineral under this act and protests are filed alleging it to be nonmineral, service of notice by publication at the expense of the protestant must be had. Northern Pac. R. Co., In re, 32 L. D. 611, p. 614. On a protest against a mineral classification by this act, notice must be posted in a newspaper nearest the land, and an abuse of the discretion vested in the register in this respect will entitle a protestant to a iiew hearing. Northern Pac. R. Co., In re, 32 L. D. 611, p. 614. See Northern Pac. R. Co., In re, 33 L. D. 74. Where a protest by an agricultural claimant against the existing mining location is shown to be false and the character of the land clearly misrepresented, the land may be taken as prima facie mineral and should be so classified by the commission, unless upon personal inspection or by satisfactory evidence the presumption is overcome. Lamb v. Northern Pac. R. Co., 29 L. D. 102, p. 104. A protest against an entry under this grant, not filed until after the prescribed time, must make such a showing of fraud in the classification as will condemn and avoid it if sustained by proof before an order will be made for a hearing. Lamb v. Northern Pac. R. Co., 29 L. D. 102, p. 104. Where a classification of lands under this act has been approved, a hearing will not be ordered by the Land Department on a mere statement in a protest that the lands are mineral in character where these has been no demonstration of their substantial mineral value or exploitation of any consequence from which actual or constructive fraud in the classification could be inferred, and to order a hearing under such circum- stances would be to deny to the classification a weight contemplated by statute which provides that the finality of such classification can be impeached on the ground of fraud only. Beveridge v. Northern Pac. R. Co., 36 L. D. 40. 1156 UNITED STATES MINING STATUTES ANNOTATED. 12. CLASSIFICATION APPROVAL. The classification under this act does not take effect and has no binding force and can not in any sense be considered as final until approved by the Secretary of the Interior. Northern Pac. R. Co. v. Ledoux, 32 L. D. 24, p. 25. The Secretary of the Interior, by virtue of the power vested in him, may disapprove the classification by the commissioners appointed under the authority of this act, even where no protest is filed, if it appears that the classification does not correctly repre- sent the character of the land. Northern Pac. P. Co. v. Ledoux, 32 L. D. 24, p. 25. See Wisconsin Central R. Co. v. Price Co., 133 U. S. 496. Williams v. United States, 138 U. S. 514, p. 524. Lamb v. Northern Pac. R. Co., 29 L. D. 102. In determining whether a classification against which no protest has been filed shall be approved or not the Secretary will consider the reasons assigned for the classifica- tion and apply the same rules by which the commissioners are guided, and if it appears in any case that there is a mining location on any portion of the lands classified, this may be accepted by the Secretary as prima facie evidence that the 40-acre tract upon which it is located is mineral, and there is no good reason why it should not be given the same weight where there is a protest against the classification. Holter V. Northern Pac. R. Co., 30 L. D. 442, p. 449. The odd-numbered sections in the Cceur d'Alene land district of Idaho were classi- fied as mineral under this act, and the classification was approved by the department prior to a selection made by the railroad company, notwithstanding the returns made at the time of actual Government survey classified the same tracts as nonmineral. Idaho V. Northern Pac. R. Co., 37 L. D. 135. A report by the commissioners under this act that certain lands were personally examined by the members of the board and no traces of mineral formation were found therein is sufficient evidence upon which the Secretary may approve the classification. Lamb v. Northern Pac. R. Co., 29 L. D. 102, p. 105. 30 STAT. 11, p. 37, 2 STJPP. R. S. 621, JUNE 4, 1897. EXPENSES FOR CLASSIFICATION OF MINERAL LANDS. AN ACT Making appropriations for sundry civil expenses of the Government for the fiscal year ending June 30, 1898, and for other purposes. Be it enacted, etc., * * * For compensation of the 12 commissioners appointed under the act of February 26, 1895 (28 Stat. 683), to examine and classify certain lands within the land-grant and indemnity land-grant limits of the Northern Pacific Railroad Co., in the States of Montana and Idaho, with special reference to the mineral or nonmineral character of such lands, $30,000: Provided, That said commissioners shall be paid at the rate of $10 a day each while actually engaged in the per- formance of their duties, which amount shall include their transpor- tation and subsistence expenses, and that the total amount of com- pensation to be paid to each commissioner annually shall in no case exceed the sum of $2,500. * * * RAILROAD GRANTS, PP. 1000-1158. 1157 30 STAT. 1074, p. 1096, MARCH 3, 1899. COMPLETION OF OLASSIFK^ATION- TIME EXTENDED— EXPENSES. AN ACT Making appropriations for sundry civil expenses of the Government for the fiscal year ending June 30, 1900, etc. Be it enacted, etc., That the following sums be, and the same are hereby, appropriated, for the objects hereinafter expressed, for the fiscal year ending June 30, 1900, namely: * * * The time for the completion of the classification of lands within the land-grant and indemnity land-grant limits of the Northern Pacific Railroad Co., authorized by the act of Congress entitled ''An act to provide for the examination and classification of certain mineral lands in the States of Montana and Idaho," approved February 26, 1895 (28 Stat. 683), and the acts supplementary thereto, is hereby extended to and in- cluding the 31st day of October, 1899, on or before which date the work of the commissioners shall be completed and the said commis- sioners be discharged. Mineral lands in Montana and Idaho: For compensation until and including October 31, 1899, of the 12 commissioners appointed under the act of February 26, 1895 (28 Stat. 683), to examine and classify certain lands within the land-grant and indemnity-land- grant limits of the Northern Pacific Railroad Co., in the States of Montana and Idaho, with special reference to the mineral or non- mineral character of such lands, $10,000: Provided, That said com- missioners shall be paid at the rate of $10 a day each while actually engaged in the performance of their duties, which amount shall include their transportation and subsistence expenses, and that the total amount of compensation to be paid to each commissioner shall in no case exceed for the period named the rate of $2,500 per annum. 31 STAT. 588, p. 615, 2 STTPP. R. S. 1433, p. 1435, JUNE 6, 1900. COMPLETION OF CLASSIFICATION— REPORTS OF COMMISSIONERS. AN ACT Making appropriations for sundry civil expenses of the Government for the fiscal year ending June 30, 1901, etc. Be it enacted, etc. * * * Mineral lands in Montana and Idaho: To complete the examina- tion and classification of certain lands within the land-grant and indemnity-land-grant limits of the Northern Pacific Railroad Co. in the Helena and Missoula land districts in the State of Montana, and in the Coeur d'Alene land district in the State of Idaho, with special reference to the mineral or nonmineral character of such lands, as authorized by the act of February 26, 1895 (28 Stat. 683), namely: For the compensation of the commissioners, not exceeding 15 in number, of whom not more than 10 shall be of one political party, to be appointed by the President, by and with the advice and consent of the Senate, such compensation not to exceed $6 per day for each commissioner while actually engaged in the performance of their duties, which amount shall include their transportation and subsist- ence expenses ; also for the publication of monthly reports and for the payment of such clerical help as in the opinion of the Commis- sioner of the General Land Office may be necessary for the expeditious 1158 UNITED STATES MINING STATUTES ANNOTATED. and economical prosecution of the work, $25,000: Provided, That each commissioner shall act separately, and only one commissioner shall examine and report on any tract of land, and his examination and report shall have the same force and effect as if made by three commissioners, and under this appropriation the entire work of examination and classification, including the publication of notices and all other expenses therewith connected, shall be completed; and the law of February 26, 1895, entitled ''An act to provide for the examination and classification of certain mineral lands in the States of Montana and Idaho,'' shall be deemed and held to be applica- ble to the commissioners herein provided for. ******* A. PURPOSE OF ACT. 1. Completion of classification. 2. Selection of nonmineral lands — Application. 3. Vacant lands — Meaning: 4. Jurisdiction of Land Department — Termination. 1. completion of classification. Tliis act was intended to have completed tlie examination and classification of certain lands within the land-grant and indemnity-land-grant limits of this railroad company in the district named with special reference to the mineral or nonmineral character of such lands, as authorized by the act of February 26, 1895 (28 Stat. 683). Northern Pac. R. Co., In re, 31 L. D. 394, p. 396. 2. SELECTION OF NONMINERAL LANDS APPLICATION. The selections of nonmineral public land authorized by tliis act apply only to selec- tions made under the provisions of the act of June 4, 1897 (30 Stat. 36), and not to those made under the act of March 2, 1899 (30 Stat. 993). Comstock V. Northern Pac. R. Co., 34 L. D. 88, p. 89. See Idaho v. Northern Pac. R. Co., 37 L. D. 135, p. 139. Santa Fe, etc., R. Co. v. Northern Pac. R. Co., 37 L. D. 669. 3. VACANT LANDS MEANING. This act limits the selection authorized by the act of June 4, 1897 (30 Stat. 11), to vacant, surveyed, nonmineral public lands which are subject to homestead entry, and the expression ''vacant land," includes land which not only is not occupied, but also land which is not appropriated, not reserved, and land for which no claim has been presented under any laws providing for the disposition of the public domain. Santa Fe Pac. R. Co. v. Northern Pac. R. Co., 37 L. D. 669, p. 671. See Idaho v. Northern Pac. R. Co., 37 L. D. 135. 4. JURISDICTION OF LAND DEPARTMENT— TERMINATION. The point of time when a sale is effectuated is usually determined by some action of the authorized officers in issuing a certificate approving a list or a survey or in some way definitely declaring recognition of the claim as a preference right, and until that point is reached jurisdiction remains in the Land Department. Walker, In re, 36 L. D. 495, p. 496. RESERVATIONS. 16 STAT. 149, JUNE 11, 1870. HOT SPRINGS RESERVATION— ARKANSAS. AN ACT In relation to the Hot Springs Reservation in Arkansas, Be it enacted, etc., That any person claiming title, either legal or equitable, to the whole or any part of the four sections of land constituting what is known as the Hot Springs Reservation in Hot Springs County, in the State of Arkansas, may institute against the United States in the Court of Claims, and prosecute to final decision, any suit that may be necessary to settle the same: Provided, That no such suits shall be brought at any time after the expiration of 90 days from the passage of this act, and all claims to any part of said reservation upon which suit shall not be brought under the provisions of this act within that time shall be forever barred. 19 STAT. 377, CHAP. 108, MARCH 3, 1877. HOT SPRINGS RESERVATION— ARKANSAS— AMENDMENT. AN ACT In relation to the Hot Springs Reservation in the State of Arkansas. Be it enacted, etc.. That so much of section 5 of an act of June 11, 1870 (16 Stat. 149), in relation to the Hot Springs Reservation of Arkansas, as provides for the appointment of a receiver by the court, be, and the same is hereby, repealed: Provided, That nothing in this section shall be construed to offect the right of the United States to collect and receive rents already due. * * * Sec. 2. That it shall be the duty of the President of the United States, upon the passage of this act, to appoint three discreet, com- petent, and disinterested persons, who shall constitute a board of commissiojiers, any two of whom shall constitute a quorum, who are hereby authorized to perform and discharge the duties specified by this act. * * * Sec. 4. That before making any subdivision of said lands, as de- scribed in the preceding section, it shall be the duty of said board of commissioners, under the direction and subject to the approval of the Secretary of the Interior, to designate a tract of land included in one boundary, sufficient in extent to include, and which shall include, all the hot or warm springs situate on the lands aforesaid, to embrace, as near as may be, what is known as Hot Springs Mountain, and the same is hereby reserved from sale, and shall remain under the charge of a superintendent, to be appointed by the Secretary of the Interior: Provided, however. That nothing in this section shall previent the Secretary of the Interior from fixing a special tax on water taken from said springs, sufficient to pay for the protection and necessary improvement of the same. 1159 1160 UNITED STATES MINING STATUTES ANNOTATED. A. SALINES AND SALT SPRINGS. 1. HOT SPRINGS RESERVATION RIGHTS OF LESSEES AND CLAIMANTS. See Salines and salt springs, p. 1194. State and public grants, p. 1239. This act was passed for the benefit of occupants and claimants who had made im- provements in order that they should not entirely forfeit their claims and improve- ments, but gave lessees no rights as against their lessors. Rector v. Gibbon, 111 U. S. 276, p. 283. Tliis act can not be constnied so as to give laborers or lessees occupying mining claims and working for the first locator any preemption rights over him to such claim. Rector v. Gibbon, 111 U. S. 276, p. 287. The provisions of section 5 of this act as to the power of the commissioners to deter- mine the right of each occupant relates to the legal title, which under the act is to pass from the United States; but does not preclude a court of equity from inquiring whether the legal title from the United States is not subject to a trust in favorof another. Rector v. Gibbon, 111 U. S. 276, p. 290. The powers conferred by this statute upon the commissioners are analogous to those conferred upon the receiver and register of land offices in case of conflicting claims, and it was their duty to certify all the facts to the Secretary of the Interior and to issue a certificate to each claimant, setting forth the amount of land he was entitled to purchase. Rector v. Gibbon, 111 U. S. 276, p. 280. Under this statute occupants and claimants must file their claims before the com- missioners within six months after their first session, and no claims can be considered which had accrued after the 24th day of April, 1876. Rector v. Gibbon, 111 U. S. 276, p. 280. 23 STAT. 103, 1 SUPP. TJ. S. 453, JULY 5, 1884. ABANDONED RESERVATIONS— DISPOSAL. AN ACT To provide for the disposal of abandoned and useless military reservations. Be it enacted, etc., That whenever, in the opinion of the President of the United States, the lands, or any portion of them, included within the limits of any military reservation heretofore or hereafter declared, have become or shall become useless for military purposes, he shall cause the same or so much thereof as he may designate, to be placed under the control ol the Secretary of the Interior for dis- position as hereinafter provided, and shall cause to be filed with the Secretary of the Interior a notice thereof. Sec. 5. Whenever any lands containing valuable mineral deposits shall be vacated by the reduction or abandonment of any military reservation under the provisions of this act, the same shall be dis- posed of exclusively under the mineral laws of the United States. A. MINING CLAIMS IN ABANDONED RESERVATIONS— DISPOSAL. B. STONE LANDS LOG AT ABLE AS PLACERS. A. MINING CLAIMS IN ABANDONED RESERVATIONS— DISPOSAL. By section 5 of this act the disposition of mining claims within the abandoned military reservation was placed under the control of the Secretary of the Interior. Randolph, In re, 23 L. D. 516, p. 517. RESERVATIONS, PP. 1150-1187. 1161 B. STONE LANDS LOCATABLE AS PLACERS. While it can not be said that building stone comes within the letter of this statute, yet construing this section with the act of 1892 (27 Stat. 348) brings it within the spirit of the latter act and makes land containing building stone subject to location as a placer mining claim. Randolph, In re, 23 L. D. 516, p. 518. The former decision under this act, refusing the applicant the right to locate lands chiefly valuable for building stone, is set aside, and under the construction of this statute, in connection with the act of August 4, 1892 (27 Stat. 348), the location is permitted. Randolph, In re, 23 L. D. 516, p. 518. Vacating Randolph, In re, 23 L. D. 329. 28 STAT. 664, FEBRUARY 15, 1895. ABANDONED RESERVATIONS— DISPOSAL— AMENDMENT. AN ACT To amend and extend the provisions of an act entitled "An act to provide for the opening of certain abandoned military reservations, etc.," approved August 23, 1894. Be it enacted, etc., That the provisions of the act approved August 23, 1894, entitled ''An act to provide for the opening of certain abandoned military reservations, and for other purposes," are hereby extended to all abandoned military reservations which were placed under the control of the Secretary of the Interior under any law in force prior to the act of July 5, 1884 (23 Stat. 103). Sec. 2. That the preference right of entry given to actual settlers by the terms of the act to which this is an amendment shall, so far as the lands to wliich the provisions of said act are extended, take effect and continue for six months from the date of this amendatory act. 26 STAT. 227, JULY 10, 1890. MILITARY RESERVATIONS— DISPOSAL— WOMING. AN ACT To provide for the disposal of certain abandoned military reser\ ations in Wyoming Territory. Be it enacted, etc.. That all pubhc lands now remaining undisposed of within the abandoned military reservations in the Territory of Wyoming, known as Forts Fetterman (post), Laramie, Sanders, and Steele (post) MiHtary Reservations, and that portion of the Fort Bridger Reservation heretofore abandoned for military purposes, and which are not otherwise occupied or used for any public purpose, are hereby made subject to disposal under the homestead law only: Provided, That actual occupants thereon upon the 1st day of January, 1890, if otherwise qualified, shall have the preference right to make one entry, not exceeding one (quarter section, under either of the exist- ing land, laws, which shall include their respective improvements: Provided further. That any of such lands as are occupied for town- site purposes, and any of the lands that may be shown to be valuable for coal or minerals ; such lands so occupied for town-site purposes, or valuable for coal or minerals, shall be disposed of as now provided 56974°— Bull. 94, pt 2—15 22 1162 UNITED STATES MINING STATUTES ANNOTATED. for lands subject to entry and sale under the town-site, coal, or mineral land laws, respectively: Provided further, That this act shall not apply to any subdivision of land, which subdivision may include adjoining lands to the amount of 160 acres, on which any buildings or improvements of the United States are situated until the Secretary of the Interior shall so direct: Provided further, That the passage of this act shall not be construed to amend or repeal the act approved May 28, 1888, entitled *^An act granting certain lands in the Territory of Wyoming for public purposes." 26 STAT. 478, SEPTEMBER 25, 1890. PARK LANDS— CALIFORNIA. AN ACT To set apart a certain tract of land in the State of California as a public park. Be it enacted, etc., * * * Sec. 2. That said park shall be under the exclusive control of the Secretary of the Interior, whose duty it shall be, as soon as practicable, to make and publish such rules and regulations as he may deem necessary or proper for the care and management of the same. Such regulations shall provide for the preservation from in- jury of all timber, mineral deposits, natural curiosities or wonders within said park, and their retention in their natural condition. The Secretary may, in his discretion, grant leases for building pur- poses for terms not exceeding 10 years of small parcels of ground not exceeding 5 acres, at such places in said park as shall require the erection of buildings for the accommodation of visitors; all of the proceeds of said leases and other revenues that may be derived from any source connected with said park to be expended under his direction in the management of the same and the construction of roads and paths therein. He shall provide against the wanton destruction of the fish and game found within said park, and against their capture or destruction, for the purposes of merchandise or profit. He shall also cause all persons trespassing upon the same after the passage of this act to be removed therefrom, and, generally, shall be authorized to take all such measures as shall be necessary or proper to fully carry out the objects and purposes of this act. 26 STAT. 650, OCTOBER 1, 1890. FOREST RESERVATIONS. AN ACT To set apart certain tracts of land in the State of California as forest reservations. Be it enacted, etc.. That the tracts of land in the State of California known and described as follows [here follows description] are hereby reserved and withdrawn from settlement, occupancy, or sale under the laws of the United States, and set apart as reserved forest lands; and all persons who shaU locate or settle upon, or occupy the same or any part thereof, except as hereinafter provided, shaU be considered trespassers and removed therefrom: Provided, however. That nothing in this act shall be construed as in any wise affecting RESERVATIONS, PP. 1150-1187. 1163 tho gniut of laiuls \muU\ to the SlJitc of (^ilifornia \)y virtuo of thn act entitled ''An iict aiithoriziiijjj a £;rant to the State of California of the Yoseniitc Valley, antl of the lands enibraeinj^ the Mariposa Big-Tree Grove/' approved June 18, 1804; or as affecting any bona fide entiy of land made within the limits above described under any law of the United States j^rior to tlie approval of this act. Sec. 2. That said reservation shall be under the exclusive control of the Secretary of tlie Interior, whose duty it shall l)e, as soon as practicable, to make and publish such rules and regulations as he may deem necessary or proper for the care and management of the same. Such regulations shall provide for the preservation from injury of all timber, mineral deposits, natural curiosities, or wonders within said reservation, and their retention in their natural condition. The Secretary may, in his discretion, grant leases for building purposes for terms not exceeding 10 years of small parcels of ground not ex- ceeding 5 acres, at such places in said reservation as shall require the erection of builchngs for the accommodation of visitors; all of the proceeds of said leases and other revenues that may be derived from any source connected with said reservation to be expended under his direction in the management of the same and the construc- tion of roads and paths therein. He shall provide against the wanton destruction of the fish, and game found within said reservation, and against their capture or destruction, for the purposes of merchandise or profit. He shall also cause all persons trespassing upon the same after the passage of this act to be removed therefrom, and, generally, shall be authorized to take all such measures as shall be necessary or proper to fully carry out the objects and purposes of this act. A. MINER'S RIGHT TO CUT TIMBER ON RESERVATION. A miner on a mining claim within this reservation is restricted from cutting timber on any lands therein outside of his own claim, and he has no right to construct any road or ditch unless absolutely necessary to the development of Ms claim and under the authority of the Secretary of the Interior. Yosemite National Park, In re, 25 L. D. 48, p. 51. 26 STAT. 74,7, FEBRUARY 13, 1891. ABANDONED MILITARY RESERVATION— FORT ELLIS— DISPOSAL. AN ACT To provide for the disposal of the abandoned Fort Ellis military reservation in Montana under the homestead law, and for other purposes. Be it enacted, etc., That the Secretary of the Interior be, and is hereby, authorized and directed to cause the lands embraced within the abandoned Fort Ellis Military Reservation in Montana to be -regularly surveyed by an extension of the public surveys over the unsurveyed portions thereof. Sec. 2. That there is hereby granted to the State of Montana, one section of said reservation, to be selected according to legal sub- divisions so as to embrace the buildings and improvements thereon to be used by said State as a permanent militia camp ground, or for 1164 UNITED STATES MINING STATUTES ANNOTATED. other public purpose in the discretion of the State legislature: Pro- vided, That whenever the State shall cease to use said lands for public purposes the same shall revert to the United States. Sec. 3. That the remamder of said reservation, or any portion thereof may be selected by the State of Montana at any time within one year after the appro^^al of the survey thereof, in tracts of not less than one section, in square form and according to legal subdivisions as a part of the lands granted to said State under the provision of ''An act to provide for the admission of the State of Montana into the Union," approved February 22, 1889. And the Secretary of the Interior shall cause patents for the landf^ so selected to be issued to the said State: Provided, That no existing lawful rights to any of said lands initiated under any of the laws of the United States shall be invalidated by this act: Provided, That if any portion of said reservation shall remain unselected by said State for a period of one year after the approval of the survey, that portion remaining unse- lected shall be subject to entry under the general land and mining laws of the United States: Provided further. That if within said period of one year the governor of the said State shall officially notify the Secretary of the Interior that the State has completed its selections, then the Secretary shall at once proclaim the remaining lands open to entry as aforesaid: And provided further. That nothing in this act shaU be construed to waive or release in any way, any right of the United States to have the lands granted to the Northern Pacific Railroad Co. forfeited, for any failure, past or future, to com- ply with the conditions of the grant. 26 STAT. 1095, p. 1103, MARCH 3, 1891. FOREST RESERVATIONS— PRESIDENT'S POWER TO SET ASIDE PUBLIC LANDS. AN ACT To repeal timber-culture laws, and for other purposes. Be it enacted, etc., * * * Sec. 24. That the President of the United States may, from time to time, set apart ajid reserve, in any State or Territory having public land bearing forests, in any part of the public lands wholly or in part covered with timber or undergrowth, whether of commercial value or not, as public reservations, and the President shall, by public proclamation, declare the establishment of such reservations and the limits thereof. 30 STAT. 11, pp. 35, 36, 2 SUPP. R. S. 621, p. 624, JUNE 4. 1897. FOREST RESERVATIONS— PROVISIONS GOVERNING ESTABLISHMENT. AN ACT Making appropriations for sundry civil expenses of the Government for the fiscal year ending June 30, 1898, and for other purposes. Be it enacted, etc. * * * All public lands heretofore designated and reserved by the Presi- dent of the United States under the provisions of the act approved March 3, 1891 (26 Stat. 1095, p. 1103, sec. 24), the orders for which RESERVATIONS, PP. 1159-1187. 1165 shall bo and roniaiji in full forco and ofr(^ct, uiisuspondod and unre- voked, and all public lands that may hereafter be set aside and reserved as public forest reserves under said act, shall bo, as far as I)racticable, controlled and administered in accordance with the fol- owing provisions: No public forest reservation shall be established, except to improve and protect the forest within the reservation, or for the puipose of securing favorable conditions of water flows, and to furnish a con- tinuous supply of timber for the use and necessities of citizens of the United States ; but it is not the purpose and intent of these pro- visions, or of the act providing for such reservations, to authorize the inclusion therein of lands more valuable for the mineral therein, or for agricultural purposes, than for forest purposes. * * Hi * * 5}: * Nothing herein shall be construed as prohibiting the egress or ingress of actual settlers residing within the boundaries of such reser- vations, or from crossing the same to and from their property or homes; and such wagon roads and other improvements may be constructed thereon as may be necessary to reach their homes and to utilize their property under such rules and regulations as may be Erescribed by the Secretary of the Interior. Nor shall anything erein prohibit any person from entering upon such forest reserva- tions for all proper and lawful purposes, including that of prospecting, locating, and developing the mineral resources thereof: Provided, That such persons comply with the rules and regulations covering such forest reservations. Hi * * * * * * All waters on such reservations may be used for domestic, mining, milling, or irrigation purposes, under the laws of the State wherein such forest reservations are situated, or under the laws of the United States and the rules and regulations established thereunder. (See section 2339 R. S.) Upon the recommendation of the Secretary of the Interior, with the approval of the President, after 60 days' notice thereof, published in two papers of general circulation in the State or Territory wherein any lorest reservation is situated, and near the said reservation, any public lands embraced within the limits of anj^ forest reservation which, after due examination by personal inspection of a competent person appointed for that purpose by the Secretary of the Interior, shall be found better adapted for mining or for agricultural purposes than for forest usage, may be restored to the public domain. And any mineral lands in any forest reservation which have been or which msLj be shown to be such, and subject to entry under the existing mining laws of the United States and the rules and regulations apply- ing thereto, shall continue to be subject to such location and entry, notwithstanding any provisions herein contained. Note.— The section making compensation for classification of railroad lands follows 28 Stat. 683, with 13 Stat. 365, RaUroad grants, pp 1112, 1148. 1166 UNITED STATES MINING STATUTES ANNOTATED. A. FOREST RESERVATION ACT. 1. Purpose and effect of act. 2. Mineral lands restored to public domain. 3. Eight to prospect for minerals. 4. Coal lands in forest reservations — Entry. 5. Mining claims in reservations protected. 6. Improper use of mining claim not permitted. 7. Selection of lieu lands. a. Authority of land department. b. Authority of local officers. c. Effect and validity of regulations. d. Practice. e Lands subject to selection — Conditions. f. ''Vacant and unoccupied" — Meaning. g. Character determined at date of selection. h. Vested rights and titles protected. i. Mineral lands not selectable. j. Lands located near mineral lands — Effect. k. Effect of patent for lieu selections. 1. Mineral surveyor can not make selection. 1. purpose and effect of act. Congress did not declare in this act the purposes for which all such reservations are established, and it is not the purpose of forest reserve legislation to authorize the inclusion in forest reserves of land more valuable for mineral than for forest purposes, and the act expressly states that nothing therein shall prohibit any person from entering upon such reservations, under certain regulations, for proper and lawful purposes, including that of prospecting, locating, and developing the mineral resources thereof, and mineral lands in such reservations are subject to entry under the mining laws. Crowder, In re, 30 L. D. 92, p. 94. The forestry reservation attaches to public lands not valuable for mineral deposits within the national forests, and the Government, through the proper officers, is entitled alone to the possession and control thereof, and the timber growing thereon, and mining claims not asserted in good faith and not based upon sufficient discovery of mineral infringe upon this right of possession, and therefore a determinaton as to the character of the land and the validity of such location becomes essential, and this duty devolves upon the Land Department. Yard, In re, 38 L. D. 59, p. 66. The only settlement laws in force contemporaneously with this statute are the home- stead and town-site laws. Cosmos Exploration Co. v. Gray Eagle Oil Co., 104 Fed. 20, p. 47. This act is void in so far as it declares to be a crime any violation of the rules and regulations thereafter made by the Secretary of the Interior for the protection of forest reservations, as it is a delegation of legislative power to an administrative officer. United States v. Blasingame, 116 Fed. 654. United States v. Maid, 116 Fed. 650, p. 653. RESERVATIONS, PP. 1159-1187. 1167 2. MINERAL LANDS RESTORED TO PITBLTC DOMAIN. When any land in a forest reservation shall be found better adapted for mining pur- poses than for forest usage the Secretary of the Interior may, upon the prescribed notice, restore such mineral land to the public domain and make them subject to entry under existing mining laws. United States v. Lavenson, 206 Fed. 755, p. 764. Lands within a forest reservation that are found to be better adapted for mining than for forest usage continue to be subject to location and entry under the mining laws, but a patent procured for land in a forest reservation on the representation that such land was valuable for mineral deposits and the patentee desired it for that purpose, may be canceled at a suit on behalf of the United States, where it is made to appear that the land was not in fact valuable for its mineral deposits, and it was not the purpose of the patentee to use it for its mineral deposits but for other and different purposes, and where there was no examination by personal investigation. United States v. Lavenson, 206 Fed. 755, p. 764. Under this statute mineral lands in forest reservations continue to be subject to location and entry under the mining laws. Yard, In re, 38 L. D. 59, p. 65. Under this statute discovery alone is not sufficient on a mining claim located within a forest reserve, and nothing short of a probably commercially valuable mine will satisfy this statute. United States v. Lavenson, 206 Fed. 755, p. 763. 3. RIGHT TO PROSPECT FOR MINERALS. The right of a person to prospect and explore upon the public domain upon equal terms with all other prospectors is not abridged by any finding respecting the validity of a mining location, but such persons have no right to interpose barriers or to assert within the national forests or elsewhere merely colorable mining claims in order to secure or protect their rights as mere prospectors. Yard, In re, 38 L. D. 59, p. 69. 4. COAL LANDS IN FOREST RESERVATIONS ENTRY. By the use of the words "subject to entry under the existing mining laws" Congress did not intend to limit to prospecting, locating, developing, and entry of the mineral lands for forest reservations, to any particular class or kind of mineral lands, and especially to include all other mineral lands except coal lands. Crowder, In re, 30 L. D. 92, p. 94. The words used in this act are not used in any narrow or restricted sense nor in any other than as relating to mineral lands of every kind and class and as relating to coal lands as well as all other mineral lands. Crowder, In re, 30 L. D. 92, p. 96. See Pacific Coast Marble Co. v. Northern Pac. R. Co., 25 L. D. 233, p. 239. Coleman v. McKenzie, 28 L. D. 348, p. 352. Coal is mineral in both the common and scientific understanding of the words, and mineral lands embrace and include lands valuable for their deposits of coal. Crowder, In re, 30 L. D. 92, p. 94. Coal lands are mineral lands subject to entry under the mining laws of the United States within the meaning of this act. Crowder, In re, 30 L. D. 92, p. 94. 1168 UNITED STATES MINING STATUTES ANNOTATED. 5. MINING CLAIMS IN RESERVATIONS PROTECTED. The location of a mining claim within a forest reservation does not operate to with- draw the land embraced therein from the jurisdiction of the Forestry Service, and while it does not take from him the right to take and utilize the entire claim, including the surface, for all purposes and to the same extent to which he could have possessed and used it if no forest reservation existed, it confers no right to use the surface of such claim for other than mining purposes. United States v. Rizzinelli, 182 Fed. 675, p. 684. A location of a mining claim does not ipso facto withdraw the land embraced therein from the jurisdiction of the Secretary of Agriculture. United States v. Rizzinelli, 182 Fed. 675, p. 680. The locator of a mining claim under this statute has the right of exclusive possession against the Government as well as against third persons. United States v. Rizzinelli, 182 Fed. 675, p. 680. This act does not limit or qualify the rights of a locator of a mineral claim or confer any authority upon the Secretary of Agriculture, by regulation or otherwise, to limit or qualify such rights. United States v. Rizzinelli, 182 Fed. 675, p. 680. Subject to the locator's legitimate uses for mining purposes, the Government con- tinues to be the owner of the land, is interested in conserving its value and preventing injury and waste, and it is reasonable to assume that Congress advisedly concluded to leave the Government's interest therein subject to the jurisdiction therein and under the protection of the department that is responsible for the care and protection of the surrounding lands and forests. United States v. Rizzinelli, 182 Fed. 675, p. 684. A relinquishment of land under this act is not effective as against a mineral claimant who was not made a party to the proceeding or served with notice, and if the land was in fact mineral that character would not be changed by an error of the Land Department in an ex parte proceeding, due to lack of information that the land was claimed and was being sold and surveyed as mineral land by parties not brought before the Land Office and not heard, and the rights of such mineral claimants could not be affected by such proceedings. Goetjen, In re, 32 L. D. 209, p. 210. 6. IMPROPER USE OF MINING CLAIM NOT PERMITTED. In a national forest the Government occupies a position as to a mining claimant similar to that of an individual claimant upon the open public domain under any of the nonmineral land laws and is not without its remedy. Yard, In re, 38 L. D. 59, p. 67. Merely colorable mining locations upon this forest reservation will afford no pro- tection for an unwarranted intrusion and unlawful invasion by the construction of telephone lines, wagon roads, ditches, dams, and reservoirs upon the territory of the national forest, and the investigation of such matters is within the jurisdiction of the Land Department. Yard, In re, 38 L. D. 59, p. 67. Distinguishing Nome & Sinook Co. v. Townsite of Nome, 34 L. D. 276. Under this statute the locator of a mining claim within the forest reservation has the exclusive right of possession of such claim for mining purposes only, and it is a RESERVATIONS, PP. Iir){)-ll87. 11G9 violation of the j^rovisiona of this act for Riich a locator to erect on his mining claim a saloon or other l)uilclin<^a or structures without ])ermit that are in no way connected with the mining or devel()])ment of the claim as such. United States v. Rizzinelli, 182 Fed. G75, p. G84. The fact that the locator of a mining claim in a forest reservation may be indicted for maintaining a saloon upon such claim does not imply that his rights as a locator are less because the lands are in a forest reservation than they would be if the claim were upon the open public domain, as in neither case does the location of a mining claim confer the right to maintain a saloon thereon, and in both cases the Government has a- remedy by way of civil action, but under this act the Government has the ad- ditional remedy of a criminal prosecution. United States v. Rizzinelli, 182 Fed. 675, p. 684. 7. SELECTION OF LIEU LANDS, a. AUTHORITY OF LAND DEPARTMENT. The character of lands in forest reservations located and claimed under the mining laws may be determined by the Land Department in the absence of entry or applica- tion for mineral patent where such determination is necessary to the due and proper adminstration of the laws providing for the protection and maintenance of such reser- vation, and the Land Department has jurisdiction over any such lands for the pur])ose of determining whether they are subject to occupation and purchase under the mining laws. Yard, In re, 38 L. D. 59, p. 62. The administration of grants upon the public domain is committed to the Land Department. Yard, In re, 38 L. D. 59, p. 66. Matters of fact, such as the mineral character of the land, its condition as to occu- pancy, when determined by officers of the Land Department and the applicant is allowed to make his selection or enter and pay therefor, vests in him a right which can not be affected by subsequent discoveries in respect to its character or condition. Cosmos Exploration Co. v. Gray Eagle Oil Co., 104 Fed. 20, p. 44. See Smelting Co. v. Kemp, 104 U. S. 636, p. 640. Steel V. Smelting Co., 106 U. S. 447. Colorado Coal & Iron Co. v. United States, 123 U. S. 307, p. 328. Cosmos Exploration Co. v. Gray Eagle Oil Co., 190 U. S. 301, p. 314. Olive Land & Dev. Co. v. Olmstcad, 103 Fed. 568. The Land Office, or the Secretary of the Interior on appeal, is authorized to deter- mine for the Land Department the question as to wdiether or not certain lands located as lieu lands are open to selection and as to whether or not such lands are mineral or nonmineral; and the determination of the land officers or of the Secretary of the Interior on these questions can not be controlled by the courts. Riverside Oil Co. v. Hitchcock, 21 App. Cases, D. C. 252, p. 264. (Affirmed 190 U. S. 316.) See Steel v. Smelting Co., 106 U. S. 447, p. 450. Barden v. Northern Pac. R. Co., 154 U. S. 288. United States v. Hitchcock, 190 U. S. 316. The Secretary of the Interior may permit under this act the use of timber and stone found upon forest reservations free of charge by bona fide settlers, residents, and pros- pectors for mineral tor fire wood, fencing, building, mining, prospecting, and other domestic purposes as may be needed by such persons for such purposes. White, In re, 34 L. D. 78, p. 81. See City and County of Beaver, In re, 34 L. D. 112, p. 113. 1170 UNITED STATES MINING STATUTES ANNOTATED. D. AUTHORITY OP LOCAL OFFICERS. There is nothing in this statute which gives a local land office the right to decide that the selector has complied with the provisions of the act, and unless these officers had that power they did not acquire it by assuming to exercise it, but they only re- ceive, accept, and file the deed, abstract of title, the nonmineral affidavit, and the selection, enter the same upon the office records of the Land Office and certify that it was free from conflict and that there was no adverse claim thereto, but this is by no means deciding that the selector had complied with the provisions of the statute or that he had done all that was necessary in order to acquire a complete equitable title. Cosmos Exploration Co. v. Gray Eagle Oil Co., 190 U. S. 301, p. 312. No officer of the Government is authorized to accept or approve an application under this act where he is advised before consummation of the transaction that the land applied for is mineral in character. Walker, In re, 36 L. D. 495, p. 498. A certificate of the local land officers that lands selected as lieu land were free from conflict, and no adverse filing or entry or claim had been made, is simply a certifica- tion as to what appeared on the books of the local land office, and it does not certify that the lands so selected were in fact vacant and unoccupied nor does it certify that the land contained no minerals, but it simply certifies that the selector had done cer- tain things and that the land selected was vacant and open to settlement so far as it appeared on the books of the local land office, and such action of the local officer did not and could not amount to a decision upon the application of the selector so as to vest him with the equitable title to the land he assumed to select. Cosmos Exploration Co. v. Gray Eagle Oil Co., 190 U. S. 301, p. 313. Officers of the local land office are not empowered to approve any selection under this act, but are expressly required to refer the question in respect to the condition and character of the land sought to be selected to the General Land Office for consideration, and the power rests with it to determine whether the land sought is vacant and open to settlement. Cosmos Exploration Co. v. Gray Eagle Oil Co., 104 Fed. 20, p. 45. See Cosmos Exploration Co. v. Gray Eagle Oil Co., 190 U. S. 301, p. 310. C. EFFECT AND VALIDITY OF REGULATIONS. The regulations of the Land Department for the purpose of carrying into effect the provisions of this act have the force and effect of laws. Cosmos Exploration Co. v. Gray Eagle Oil Co., 112 Fed. 4, p. 11, United States v. Maid, 116 Fed. 650, p. 651. The regulations of the Commissioner of the Land Office relative to the selections of lieu lands under this statute are reasonable and are well calculated to carry into effect the intent of Congress and the true meaning of the act and are properly within the limitations of the law for the enforcement of which they were promulgated. Cosmos Exploration Co. v. Gray Eagle Oil Co., 112 Fed. 4, p. 11. Anchor v. Howe, 50 Fed. 366. Iron Co. V. James, 89 Fed. 811, p. 814. Hoover v. Sailing, 102 Fed. 716, p. 720. Poppe V. Athearn, 42 Cal. 606, p. 609. Chapman v. Quinn, 56 Cal. 266, p. 273. See Cosmos Exploration Co. v. Gray Eagle Oil Co., 190 U. S. 301, p. 309. United States v. Maid, 116 Fed. 650, p. 651. This statute gives the right of selection to the party desiring to avail himself of the exchange proposed by Congress, subject only to the condition that the lands selected RESERVATIONS, PP. lir)9--1187. 1171 shall be vacant and open to sottlonioiit; hut it doos not undertake to describe how the condition shall be ascertained and determined, but such selection may be required to be made under general rules of the land office. Cosmos Exploration Co. v. Gray Eagle Oil Co., 104 Fed. 20, p. 42. d. PRACTICE. An unqualified nonmineral affidavit is necessary to be filed with an application to select lands under the exchange provisions of this act. Cook, In re, 33 L. D. 109. The fact that the protest filed in the I^and Office in an application for a patent is insufficient to warrant or justify a hearing in respect to the mineral character of the land in controversy is not sufficient to entitle the applicant for the patent to an in- junction to protect his claim to possession, as the sufficiency of such a protest is a matter for the decision of the Land Department itself. Cosmos Exploration Co. v. Gray Eagle Oil Co., 104 Fed. 20, p. 40. See Cosmos Exploration Co. v. Gray Eagle Oil Co., 190 U. S. 301, p. 314. The selections of lieu lands under this act must be made in conformity with the rules and regulations of the Land Department, and applications for change of entry must be forwarded by the local officers to the Commissioner of the General Land Office and notice of the selection must be given by publication, and the rules and regula- tions adopted are not inconsistent with the provisions of the act. Cosmos Exploration Co. v. Gray Eagle Oil Co., 104 Fed. 20, p. 45. Cosmos Exploration Co. v. Gray Eagle Oil Co., 112 Fed. 4, p. 13. e. LANDS SUBJECT TO SELECTION — CONDITIONS. Lands open to settlement under this statute must not be known to be valuable for minerals or reserved from settlement for any other purpose, and the officers of the Government can not be expected to know whether lands selected under this act are vacant and not known to be valuable for minerals and thus subject to selection, nor can a selection be lawfully accepted until there is a showing that the selected land is vacant and that it is not known to be valuable for mineral. Cosmos Exploration Co. v. Gray Eagle Oil Co., 112 Fed. 4, p. 17. Kern Oil Co. v. Clarke, 30 L. D. 550. See Cosmos Exploration Co. v. Gray Eagle Oil Co., 190 U. S. 301, p. 314. The selections under this act must be confined to the vacant, surveyed, and non- mineral public lands which are subject to homestead entry. Walker, In re, 36 L. D. 495, p. 490. One of the essentials of a claim under this act is that the land shall be of the char- acter prescribed by the declaration and that selections shall be confined to vacant, nonmineral public lands which are subject to homestead entry. Walker, In re, 36 L. D. 495, p. 496. See Cosmos Exploration Co. v. Gray Eagle Oil Co., 190 U. S. 301, p. 312. Under this section it does not follow that because no mineral has been found land in controversy is unoccupied where it is shown that another person claiming it to be mineral is in possession thereof and diligently at work to discover minerals. Cosmos Exploration Co. v. Gray Eagle Oil Co., 112 Fed. 4, p. 14. The land which may be selected under the provisions of this act as vacant land open to settlement, and to be vacant within the meaning of the statute it must be unoccu- pied, and to be open to settlement the land must, among other things, not be known to contain valuable mineral deposits, and land which is occupied by another or which 1172 UNITED STATES MINING STATUTES ANNOTATED. is known to contain valuable mineral deposits is therefore not subject to selection under this act, and the burden is on the applicant to show that the land applied for is of the character contemplated by the act. Grav Ea^le Oil Co. v. Clarke, 30 L. D. 570, p. 580. Kern Oil Co. v. Clotfelter, 30 L. D. 583, p. 587. See Gray Eagle Oil Co., v. Clarke, 31 L. D. 303 (on review). By this act the Government offers to exchange any of its lands that are vacant and open to settlement for a like quantity of lands within a forest reservation named, and only a claimant of a tract in such forest reservation can relinquish the same and select a tract of pablic land in like quantity in lieu thereof, but in doing so he is con- fined to lands which are both vacant and open to settlement and must not be occupied by other or reserved from settlement on account of their known mineral character. Cosmos Exploration Co. v. Gray Eagle Oil Co., 112 Fed. 4, p. 16. Kern Oil Co. v. Clarke, 30 L. D. 550, p. 555. See Cosmos Exploration Co. v. Gray Eagle Oil Co., 190 U. S. 301, p. 311. Under this act it must appear that at the date of selection the selected lands were unoccupied, as well as nonmineral in character, and the selector does not secure a vested right until such proof is submitted. Cosmos Exploration Co. v. Gray Eagle Oil Co., 190 U. S. 301, p. 314. Gray Eagle Oil Co. v. Clarke, 30 L. D. 570. The fact that a prospector has no absolute right to the exclusive possession of min- eral lands covered by a location as against the Government and the Government might terminate his license at any time does not determine the rights of a prospector under this statute, as Congress did not grant the right to sell any lands unless they were vacant; and agricultural lands not vacant and open to settlement can not be selected as lieu lands under this statute. Cosmos Exploration Co. v. Gray Eagle Oil Co., 112 Fed. 4, p. 15. Where land is found to be mineral in character it is no longer subject to selection under this act and no right can be secured by any subsequent attempt to complete or make effectual an incomplete selection under which no right vested prior to the discovery or the development of the mineral quality of the land. Cobb, In re, 31 L. D. 220, p. 221. See Kern Oil Co. v. Clarke, 30 L. D. 550. Gray Eagle Oil Co. v. Clarke, 30 L. D. 570. Wliere there has been a claim of mineral character to land through a period of many years and mineral claims have been the subject of frequent conveyances on valuable consideration, the termination of such mineral title must be shown before the land is open to settlement or subject to sale under any other law. Goetjen, In re, 32 L. D. 209. See Blair, In re, 33 L. D. 72, p. 73. It is doubted if persons authorized to select vacant lands only under this statute are authorized to select lands in the actual bona fide occupancy of others under either the settlement laws or a mining location, though such mining location may be invalid because of no valid discovery of mineral, and no such selection can be made by any sort of fraud or circumlocution. Cosmos Exploration Co. v. Gray Eagle Oil Co., 104 Fed. 20, p. 46. Equity will not relieve a person selecting land under this statute in lieu of lands situated within a forest reservation on aflidavits showing its known mineral character and freedom from mining claim, and that it was entered for agricultural purposes, as against a locator of an oil placer-mining location made prior to such selection and fol- lowed by proper development work which was being prosecuted on the land when such selection was made and which development resulted in valuable producing RESERVATIONS, PP. 1150--1187. 1173 oil wells where it waa alno .shown that wiich huida were vahielenH for af^ricultural pur- poses and situated in an oil district. Cosmos Exploration Co. v. Gray Ea