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LAND OFFICE DECISIONS.

Minerals in Indian Territory are reserved by the United States. The Land Office has no control over them. Copp, 119 (1873).

Mineral lands cannot be entered with Sioux half-breed scrip under the act of July 17, 1854. Nerce Valle, Copp, 187 (1876).

Mining upon the Crow Indian reservation is illegal, and a claim lying within it, though mined for several years, cannot be surveyed and patented. Copp, 236 (1879).

Land legally reserved and withdrawn from sale, and set apart as an Indian reservation, may not be purchased as coal land. John Campbell, 6 L. D. 317 (1887).1

1 As to mineral lands in military reservations, see Attorney-General's opinion, 1 L. D. 552 (1881); the location of private land grants upon mineral lands, Copp, 181 (1875); Baca Float, 12 L. D.

676 (1891). A timber entry under the act of June 3, 1878, is not permissible, if the land contains mining improvements made and maintained by another in good faith. Kneeland v. Norton, 10 L. D. 271 (1890).

CHAPTER XVII.

SPECIAL STATUTORY PROVISIONS FOR THE SALE OF PUBLIC LANDS CONTAINING PARTICULAR MINERALS.

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THE laws and regulations by which the title to the general mineral lands of the United States may be acquired by private persons are not applicable to lands chiefly valuable for deposits of coal. A distinct system has been devised by which such lands. may be purchased from the government and held by private persons and associations. This is provided by Rev. Stats. 2347-2352, and by the Rules and Regulations issued by the Commissioner of the General Land Office in accordance with the authority contained in Rev. Stats. 2351. These are contained in the circular of July 31, 1882, and being a clear and authoritative exposition of the system, are here inserted.

"Under the authority conferred by said section 2351, the following rules and regulations are issued for carrying into effect the provisions of said law:

"1. Sale of coal lands is provided for

"By ordinary private entry under section 2347.

"By granting a preference right of purchase, based on priority of possession and improvement, under section 2348.

"2. The land entered under either section must be by legal subdivisions, as made by the regular United States survey. Entry is confined to surveyed lands; to such as are vacant, not otherwise appropriated, reserved by competent authority, or containing valuable minerals other than coal.

"3. Individuals and associations may purchase. If an individual, he must be twenty-one years of age and a citizen of the United States, or have declared his intention to become such citizen.

4. If an association of persons, each person must be qualified as above.

"5. A person is not disqualified by the ownership of any quantity of other land, nor by having removed from his own land in the same State or Territory.

6. Any individual may enter by legal subdivisions as aforesaid any area not exceeding 160 acres.

"7. Any association may enter not to exceed 320 acres.

8. Any association of not less than four persons, duly qualified, who shall have expended not less than $5,000 in working and improving any coal mine or mines, may enter under section 2348 not exceeding 640 acres, including such mining improvements.

9. One person can have the benefit of one entry or filing only. He is disqualified by having made such entry or filing alone or as a member of an association. No entry can be allowed an association which has in it a single person thus disqualified, as the law prohibits the entry or holding of more than one claim either by an individual or an association.

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10. Lands that are sufficiently valuable for gold, silver, or copper, to prevent their entry as agricultural lands, cannot be entered as coal lands; and you will not allow any entry to be made under the above-named provisions of law of lands valuable for their deposits of said minerals.

"11. The present rules relative to hearings to establish the character of lands,' contained in General Land Office regulations of Oct. 31, 1881, issued under the mining laws, will, as far as applicable, govern your action in determining the character of lands sought to be entered as coal land.

12. The price per acre is $10 where the land is situated more than fifteen miles from any completed railroad, and $20 per acre where the land is within fifteen miles of such road. The price of the land, however, must be determined by its distance from a completed railroad at the date of payment and entry irrespective of the preference right of entry.

"13. When application is made to purchase coal land at the rate of $10 per acre, you will in all cases require satisfactory proof that the land applied for is, at date of entry, situated more than fifteen miles from any completed railroad. This proof may consist of the affidavit of the applicant, or that of his duly authorized agent, corroborated by the affidavit of some

disinterested credible 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.

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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:

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"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 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 vem 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, by the Commissioner at Washington or by the register at the district land office.

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