party showing personal knowledge of the facts.

14. Where the land lies partly within fifteen miles of such road and in part outside such limit, the maximum price must be paid for all legal subdivisions the greater part of which lie within fifteen miles of such road. 15. The term "completed railroad" is held to mean one which is actually constructed on the face of the earth; and lands within fifteen miles of any point of a railroad so constructed will be held and disposed of at $20

per acre.

16. Any duly qualified person or association must be preferred as purchasers of those public lands on which they have opened and improved, or shall open and improve, any coal mine or mines, and which they shall have in actual possession.

17. Possession by agent is recognized as the possession of the principal. The clearest proof on the point of agency must, however, be required in every case, and a clearly-defined possession must be established.

18. The opening and improving of a coal mine, in order to confer a preference-right of purchase, must not be considered as a mere matter of form; the labor expended and improvements made must be such as to clearly indicate the good faith of the claimant.

19. These lands are intended to be sold, where there are adverse claimants therefor, to the party who, by substantial improvements, actual possession, and a reasonable industry, shows an intention to continue his development of the mines in preference to those who would purchase for speculative purposes only. With this view, you will require such proof of compliance with the law, when lands are applied for under section 2348 by adverse claimants as the circumstances of each case may justify.

20. In conflicts where improvements have been or shall hereafter be commenced, priority of possession and improvement shall govern the award when the law has been fully complied with by each party. A mere possession, however, without satisfactory improvements, will not secure the tract to the first occupant when a subsequent claimant shows his full compliance with the law.

21. After an entry has been allowed to one party, you will make no investigation concerning it at the instance of any person except on instructions from this office. You will, however, receive all affidavits concerning such case and forward the same to this office, accompanied by a statement of the facts as shown by your records.

22. Prior to entry it is competent for you to order an investigation, on sufficient grounds set forth under oath of a party in interest and substantiated by the affidavits of disinterested and credible witnesses.

MANNER OF OBTAINING TITLE.

23. When title is sought by private entry the party will himself make oath to the following application, which must be presented to the register:

"I, hereby apply, under the provisions of the Revised Statutes of the United States relating to the sale of coal-lands of the United States, to purchase the quarter of section — in township, of range in the district of lands subject to sale at the land office at -, and containing acres: and I solemnly swear that no portion of said tract is in the possession of any other party; that I am twenty-one years of age, a citizen of the United States (or have declared my intention to become a citizen of the United States), and have never held nor purchased lands under said act, either as an individual or as a member of an association; and I do further swear that I am well acquainted with the character of said described land, and with each and every legal subdivision thereof, having frequently passed over the same; that my knowledge of said land is such as to enable me to testify understandingly with regard thereto; that said land contains large deposits of coal and is chiefly valuable therefor; that there is not to my knowledge within the limits thereof any vein or lode of quartz or other rock in place bearing gold, silver, or copper, and that there is not within the limits of said land, to my knowledge, any valuable deposit of gold, silver, or copper. So help me God.

..

24. Thereupon the register if the tract is vacant will so certify to the receiver, stating the price, and the applicant or his duly authorized agent must then pay the amount of purchase money.

25. The receiver will then issue to the purchaser a duplicate receipt, and at the close of the month the register and receiver will make returns of the sale to the General Land Office, from whence, when the proceedings are found regular, a patent or complete title will be issued; and on surrender of the duplicate receipt such patent will be delivered, at the option of the patentee, either by the Commissioner at Washington or by the register at the district land office.

26. This disposition at private entry will be subject to any valid prior adverse right which may have attached to the same land, and which is protected by section 2348.

27. Second. When the application to purchase is based on a priority of possession, &c., as provided for in section 2348, the claimant must, when the township plat is on file in your office, file his declaratory statement for the tract claimed sixty days from and after the first day of his actual possession and improvement. Sixty days, exclusive of the first day of possession, &c., must be allowed.

28. The declaratory statement must be substantially as follows, to wit: "I,

do solemnly swear that I am years of age, and a citizen of the United States (or have declared my intention to become a citizen of the United States), that I never have, either as an individual or as a member of an association, held or purchased any coal lands under the provisions of the Revised Statutes of the United States relating to the sale of coal lands of the United

States, and I do hereby declare my intention | to purchase, under the provisions aforesaid, the quarter of section, in township of range, of lands subject to sale at the district land office at, and that I came into possession of said tract on the - - day of A. D. 18-, and have ever since remained in actual possession continuously; that I have located and opened a valuable mine of coal thereon; and have expended in labor and improvements on said mine the sum of dollars, the labor and improvements being as follows: (here describe the nature and character of the improvements) and I do furthermore solemnly swear that I am well acquainted with the character of said described land, and with each and every legal subdivision thereof, having frequently passed over the same; that my knowledge of said! land is such as to enable me to testify under- | standingly with regard thereto; and that there is not, to my knowledge, within the limits thereof any vein or lode of quartz or other rock in place bearing gold, silver, or copper, and that there is not within the limits of said land, to my knowledge, any valuable deposit of gold, silver, or copper. So help me God.

-."

29. When the township plat is not on file at date of claimant's first possession the declaratory statement must be filed within sixty days from the filing of such plat in your of fice.

30. One year from and after the expiration of the period allowed for filing the declaratory statement is given within which to make proof and payment: but you will allow no party to make final proof and payment except on notice to all others who appear on your records as claimants to the

same tract.

31. A party who otherwise complies with the law may enter after the expiration of said year, provided no valid adverse right shall have intervened. He postpones his entry beyond said year at his own risk, and the government cannot thereafter protect him against another who complies with the law, and the value of his improvements can have no weight in his favor.

32. Each claimant at the time of actual purchase must make affidavit as follows: "I,, claiming under the provisions of the Revised Statutes of the United States relating to the sale of coal-lands of the United States, the right of purchase to the quarter of section -, in township of range subject to sale at do solemnly swear that I have never had the right of purchase under the aforesaid provisions of law either as an individual or as a member of an association, and that I have never held any other lands under its provisions; I further swear that I have expended in developing coal mines on said tract in labor and improvements the sum of dollars, the nature of such improvements being as follows:

; that I am now in the actual possession of said mines, and make the entry for my own use and benefit, and not directly or

indirectly for the use and benefit of any other party; and I do furthermore swear that I am well acquainted with the character of said described land, and with each and every legal subdivision thereof, having frequently passed over the same; that my knowledge of said land is such as to enable me to testify understandingly with regard thereto; that the same is chiefly valuable for coal; that there is not, to my knowledge, within the limits thereof any vein or lode of quartz or other rock in place bearing gold, silver, or copper, and that there is not within the limits of said land, to my knowledge, any valuable deposit of gold, silver, or copper. So help me God.

33. The application, declaratory statement, and the affidavit required at the time of actual purchase, the forms of which are given above under paragraphs 23, 28 and 32, may be sworn to before any officer authorized by law to administer oaths, but the authority of such officer must be properly shown.

34. Any party duly qualified under the law, after swearing to his application or declaratory statement, may, by a sufficient power of attorney duly executed under the laws of the State or Territory in which such party may then be residing, empower an agent to file with the register of the proper land office the application, declaratory statement, or affidavit required at the time of actual purchase, and also authorize him to make payment for and entry of the land in the name of such qualified party; and when such power of attorney shall have been filed in your office you will permit such agent to act thereunder as above indicated.

35. Where a claimant shows by affidavit that he is not personally acquainted with the character of the land, his duly authorized agent who possesses such knowledge may make the required affidavit as to its character; but whether this affidavit is made by principal or agent it must be corroborated by the affidavits of two disinterested and credible witnesses having knowledge of its character.

36. Nothing in these regulations shall be so construed as to prevent a party from proving his citizenship or age, or establishing the status of the lands sought to be entered, in accordance with ordinary rules of evidence; and any proof regularly introduced for that purpose that would be competent in a court or before a commissioner charged with the ascertainment of facts may be considered.

37. Assignments of the right to purchase will be recognized when properly executed. Proof and payment must be made, however, within the prescribed period, which dates from the first day of the possession of the assignor who initiated the claim.

38. The Rules of Practice in cases before the United States district land offices, the General Land Office, and the Department of the Interior," approved December 20, 1880, will, as far as applicable, govern all cases and proceedings arising under the sections of the Revised Statutes above quoted providing for the sale of coal lands of the United States.

39. You will report at the close of each | month as "sales of coal lands" all filings and entries in separate abstracts, commencing with number one and thereafter proceeding consecutively in the order of their reception. Where a series of numbers has already been commenced by sale of coal-lands you will continue the same without change.

III. DECISIONS.

1. Coal is a mineral. Charles Norager, 10 C. L. O. 54; McKean v. Buell, Sickel's Min. Dec. 398.

2. Coal lands are mineral lands, and, as such, are excluded from pre-emption and homestead claims. Town Site of Coalville, 4 C. L. O. 46.

3. Coal lands are mineral lands, and are to be acquired only under laws specifically applicable thereto. Mullan v. United States, 118 U. S. 271. (Affirming United States v. Mullan, 7 Sawy. 466; 10 Fed. Rep. 785.)

4. Coal lands are not "mineral lands within the meaning of the act of June 3, 1878, authorizing the cutting of timber on mineral lands in certain States. Instructions, 2 L. D. 827.

9. It is not sufficient to constitute "known mines" of coal, within the meaning of the statute, that there should be merely indications of coal beds or coal fields, of greater or less extent and value, as shown by outcroppings. Colorado Coal and Iron Co. v. United

States, 123 U. S. 307.

10. Land is mineral in character if it con tains mineral (coal) in paying quantities, and the present remoteness of the land from lines of transportation is immaterial. Smith v. Buckley, 15 L. D. 321.

11. The mere proximity of land to veins of coal will not of itself stamp it as mineral land. John E. Williams, 11 L. D. 462; Scott v. Sheldon, 15 L. D. 361.

12. Land sought under the coal land laws must be shown to be most valuable therefor as a present fact from the actual production of coal, but not necessarily by actual development of coal on each forty-acre tract in the claim. Hamilton v. Anderson, 19 L. D. 168.

13. The fact that land contains a thick vein of coal does not stamp it as mineral in character, where it is shown that the coal cannot be profitably mined. Departmental

6. The coal land laws are applicable to every variety of coal. Com'r to Bismarck Office, Sept. 25, 1880.

7. The act of March 3, 1873, providing for sale of coal lands, relates to lands containing any variety of coal, whether anthracite, bituminous, lignite or cannel. Sickel's Min. Dec. 397.

*

*

8. "To constitute the exemption contemplated by the pre-emption act under the head of 'known mines,' there should be upon the land ascertained coal deposits of such an extent and value as to make the land more valuable to be worked as a coal mine, under the conditions existing at the time, than for merely agricultural purposes. * A change in the conditions occurring subsequently to the sale, whereby new discoveries are made, or by means whereof it may become profitable to work the veins as mines, cannot affect the title as it passed at the time of the sale. The question must be determined according to the facts in existence at the time of the sale." Colorado Coal and Iron Co. v. United States, 123 U. S. 307.

Grumbler.

14. Proof that adjoining lands are coal is not sufficient. Commissioners of Kings County v. Alexander, 5 L. D. 126.

15. Proof must show actual production of mineral (coal). Commissioners of Kings County v. Alexander, 5 L. D. 126.

16. Proximity to a city does not affect the right to make entry of coal lands. Commissioners of Kings County v. Alexander, 5 L. D. 126.

17. The question is as to whether the forty acres, taken as a whole, are more valuable for coal than for agricultural purposes. Mitchell v. Brown, 3 L. D. 65.

18. A preference right of entry under the coal land law is dependent upon the opening and improvement of a coal mine on public land in the actual possession of the claimant. Walker v. Taylor, 23 L. D. 10.

19. An applicant to make entry of coal lands under section 2348, United States Revised Statutes, must be in actual possession of the land, and it is not sufficient to show a forcible ouster therefrom. James D. Negus, 11 L. D. 32.

1893.

515.

21. "Section 2348, U. S. Rev. Stat., makes the opening and improving of a coal mine upon the public lands a condition precedent to the preference right of entry therein authorized." Departmental decision of July 1, 1896, In re Cummings v. Lessinger.

22. A coal declaratory statement may not be filed for land covered by a homestead entry, and if so filed and thereafter the homestead entry is canceled and another party then files a coal declaratory statement, such other party is prior in right, being the first to make a legal filing. Bullard v. Flanagan, 11 L. D. 515.

23. The second section of the act of May 14, 1880, is construed to apply to entries of coal lands. (Preference right to successful contestants.) F. D. Hobbs, 9 C. L. O. 195.

24. Coal lands are disposed of only by legal subdivisions. Hence, a coal claim should not be made the subject of a mineral survey. Com'r to Deputy R. E. Hurst, Dec. 27, 1892.

25. An entry is not required to be for lands in a compact body. Com'r to Cheyenne Office, Aug. 11, 1873, 1 C. L. O. 2.

26. A coal entry may not be made of noncontiguous tracts. C. P. Masterson, 7 L. D. 172; Kendall v. Hall, 12 L. D. 419.

27. Coal land must be entered by legal subdivisions. Mitchell v. Brown, 3 L. D. 65.

28. A coal land entry embracing non-contiguous tracts, made in good faith, and in accordance with the practice then existing, may be passed to patent as made, or so amended as to include contiguous tracts. C. P. Masterson (review), 7 L. D. 577.

29. Coal lands are properly the subject of public survey. Circular, July 15, 1878, 6 C. L. O. 140.

30. A coal declaratory statement cannot be filed for land until it has been surveyed and plat thereof filed in the local office. Helen M. Cameron, 10 L. D. 195. Charles Lyon, 20 L. D. 556, to same effect.

31. No rights (vested) can be acquired on unsurveyed coal lands. Com'r to W. L. Smith, May 18, 1891; Com'r to J. M. Dimpsey, Aug. 19, 1891; Com'r to J. M. Carey, Nov. 25,

32. A survey may be procured under the "special deposit" system by coal claimants. Circular, Aug. 7, 1895, 21 L. D. 83.

33. Married women may make coal entries in States where they are permitted to own and sell real estate, under certain conditions. Com'r to E. A. Brooke, April 15, 1893. Contra, Lily E. Nichols, 15 C. L. O. 253.

34. A coal entry must be made in good faith and not for the benefit of another. Brennan v. Hume, 10 L. D. 160.

35. The filing of a qualified coal party who sold to an assignee, qualified at date of entry, should not be canceled. Kerr v. Carleton, 10

C. L. O. 255.

36. A coal entry will not be allowed when it is sought to make the same for the benefit of one who has exhausted his right under the coal land laws. McGillicuddy v. Tompkins, 14 L. D. 633. Contra, United States v. Trinidad Coal & Coking Co., 37 Fed. Rep. 180. (Reversed, S. C., 137 U. S. 160.)

37. An entry of coal lands for one disqualified from making such entry is fraudulent. Adolph Peterson, 6 L. D. 371; McGillicuddy v. Tompkins, 14 L. D. 633; Conner v. Terry, 15 L. D. 310.

38. A coal entry is invalid if the land is sold by claimant before entry. Union Coal Co., 17 L. D. 351.

39. The matter of good faith under section 2351, United States Revised Statutes (coal land law), is a question of fact to be determined in each particular case in view of surrounding circumstances. Watkins v. Garner, 13 L. D. 414.

40. The sale of coal land between the dates of proof and entry is not conclusive proof of fraud. Durango Land & Coal Co., 18 L. D. 382.

41. A coal entry under section 2348, United States Revised Statutes, voidable for illegality in that it was made for the use and benefit of one other than the entryman, and that coal had not been found on the land, may be passed to patent for the benefit of a transferee, in view of the fact that the purchasemoney could not be repaid because of the fraud of the entryman in submitting false proof. Gerard B. Allen, 8 L. D. 140.

42. An entry of coal lands by qualified stockholders is not invalid because some time

during litigation stock was owned by a disqualified person. Kerr v. Utah-Wyoming Improvement Co., 2 L. D. 727.

43. Where coal lands are entered by a corporation, every stockholder must be qualified at date of entry. The fact that one stockholder, who sold his stock prior to entry, was disqualified at date of application, is not cause for canceling the entry. Kerr v. Carleton, 10 C. L. O. 255.

44. The qualification of every member of an association is essential to the right of an association to make a coal entry. W. F. Hawes, 5 L. D. 224.

45. No member of a company shall be interested in other lands claimed or owned under the coal land laws at date of entry. Kerr v. Utah-Wyoming Improvement Co., 2 L. D. 727.

46. Coal entries made by qualified persons at the procurement of and for the benefit of an association are contrary to law and will be canceled. Adolph Peterson, 6 L. D. 371; | Northern Pacific Coal Co., 7 L. D. 422; Elwood R. Stafford, 21 L. D. 300; Com'r to B. H. | Dye, Sept. 21, 1891. Contra, United States v. Trinidad Coal & Coking Co., 37 Fed. Rep. 180. (Reversed, S. C., 137 U. S. 160.) Lipscomb v. Nichols, 6 Colo. 290.

47. A purchase of coal lands from the United States by one authorized so to do, even if for the benefit and at the expense of a corporation unable to make the purchase for itself, under an agreement by which the land is to be conveyed to the corporation on issuance of patent, is not illegal, as such a contract to convey is not prohibited by the statutes relative to the sale of coal lands.

United States v. Trinidad Coal & Coking Co., 37 Fed. Rep. 180. (Reversed, S. C., 137 U. S. 160.)

49. A coal entry may be made by one in his own name for the benefit of another. Lipscomb v. Nichols, 6 Colo. 290.

50. A coal entry made by one who has parted with his interest in the land is not made for the benefit of the entryman and will be canceled. Union Coal Co., 17 L. D. 351.

51. If an association enters a less number of acres of coal land than they might have done, they cannot make a second entry because of such fact. James N. Kimball, 3 C. L. O. 50.

52. Such an entry is an abandonment of the rest of the land under the pre-emption law (identical in principle to the coal land law). Nix v. Allen, 112 U. S. 129.

53. Proof of $5,000 expenditure on six hundred and forty acres of coal land should be made by the company before entry. Johnson v. State of South Dakota, 17 L. D. 411; Com'r to F. H. Barkdall, Aug. 19, 1891.

54. "It seems clear that this proviso (to Sec. 2348, U. S. Rev. Stat.) means that where an association has expended $5,000 or more in working and improving a coal mine or mines, then, in consideration of such expenditure, the association may enter by legal subdivisions not to exceed six hundred and forty acres of land, including the legal subdivisions of the land on which the mining improvements are actually situated, irrespective of whether the land covered by the improvements is coal land or agricultural land." McWilliams v. Green River Coal Ass'n, 23 L. D. 127. (Citing Rucker v. Knisley, 14 L. D. 113; Hamilton v. Anderson, 19 L. D. 168.)

55. No person who has had the benefit of the coal land law can enter or hold other lands thereunder. James N. Kimball, 3 C. L.

O. 50.

to make a second one for it, as that would be extending the time within which the declarant would be required to prove his rights and pay therefor beyond the time prescribed by section 2350 of the Revised Statutes. James M. Smith, 16 C. L. O. 112.

57. A second coal declaratory statement cannot be filed in the absence of a valid reason for failure to perfect title under the first. Albert Eiseman, 10 L. D. 539; Walter Dearden, 11 L. D. 351; Conner v. Terry, 15 L. D. 310; McKean v. Buell, Sickel's Min. Dec. 398.