public lands. Entries or applications, with satisfactory proof and tender of purchase-money, previously made, were valid appropriations of the lands which they covered, unless impeached for fraud.

The exception from pre-emption is confined to known mines. The suggestion that possibly mines of coal may be found to exist upon land claimed by a pre-emptor is without force if such mines are not known. Nancy Ann Caste, 3 L. D. 169 (1884).

The act of March 3, 1883, operated only on lands withdrawn and designated as mineral, because more valuable for mining than for other purposes. Cornelius Cadle, Jr., 3 L. D. 173 (1883).

A mineral location under which all requirements of the law have been met prior to the passage of the act of March 3, 1883, confers a vested right, which is not impaired by the provisions thereof. Cordell Placer Mine, 4 L. D. 476 (1886).

The act of March 2, 1819, by the first section of which section 16 in every township was granted to Alabama for school purposes, contains no reservation of mineral lands, and no subsequent statute has altered the effect thereof. The act of March 3, 1883, did not prevent the selection by the State as indemnity of lands reported valuable for coal before the passage of the act. State of Alabama, 6 L. D. 493

(1888).

Land returned as valuable for coal prior to the passage of the act of March 3, 1883, is not subject to homestead entry until after public offering. Alice Jordan, 7 L. D. 461 (1888).

Land offered after it was returned as valuable for coal, and prior to the passage of the act of March 3, 1883, is not subject to entry if it has not been offered at public sale since the passage of said act.

The fact that this land had been once offered at public sale, after the same was reported as valuable for its coal, but before the passage of said act, cannot, therefore, affect the question here involved. Julius P. Knabe, 8 L. D. 74 (1889).

Lands not known to be mineral, covered by bona fide settlement and filing made prior to the act of March 3, 1883, and in accordance with existing regulations, are not required to be offered under said act before the allowance of pre-emption entry therefor. Thomas M. Knight,

8 L. D. 297 (1889).

A homestead entry on mineral land initiated by settlement prior to the passage of the act of March 3, 1883, though not protected by an entry of record at that date, is within the intent of the last proviso of said act, and may be passed to patent thereunder.

"The departmental decision in the case of James A. Jones (3 L. D. 176), in so far as it holds that the last proviso of the act of 1883 only embraces entries of record made prior thereto, is hereby overruled." E. S. Newman, 8 L. D. 448 (1889).

An entry of land reported valuable for coal prior to the passage of the act of March 3, 1883, is not permissible until after public offering thereof. An application to purchase land in such a condition may be received and held suspended, pending an offering of the land at public sale, when, if the land is not sold, the application may be considered as of the date originally made. Nathaniel Banks, 8 L. D. 532 (1889). See s. c. 7 L. D. 512.

Land returned as valuable for coal prior to the act of March 3, 1883, is not subject to purchase under the act of June 15, 1880, until after public offering, though the original entry was made prior to the passage of the former act. A cash entry allowed under the act of 1880 of land previously reported as valuable for coal should be suspended until after public offering, and treated as an application to enter in the event that the land is not sold at such offering. The protection given by the act of 1883 to a bona fide entry, previously made, does not extend beyond the relínquishment of such entry. If the entryman so elects, the entry may be cancelled, with the right to repayment, and without prejudice to his right to make homestead entry elsewhere. J. D. Maske, 9 L. D. 203 (1889); John C. Henley, 9 L. D. 178 (1889); Lorenzo D. Evins, 9 L. D.. 635 (1889).

An ex parte showing as to the character of the land is not sufficient to overcome the correctness of the mineral list in which the land is described as 66 valuable for coal." Lorenzo D. Evins, 9 L. D. 635 (1889).

An entry of land reported valuable for coal prior to March 3, 1883, and not subsequently offered, is an entry "erroneously allowed" for which repayment may be accorded in the absence of bad faith on the part of the entryman. Michael Shannon, 9 L. D. 643 (1889).

The right of a successful contestant cannot be exercised upon lands reported valuable for coal prior to March 3, 1883, and not thereafter offered at public sale. In such a case the application to enter may be suspended pending public offering, and if the land is not sold, said application may be considered as of the date when first presented. Wade McFerrin, 10 L. D. 140 (1890).

The report of a special agent, made prior to March 3, 1883, that land is valuable for coal, excludes such land from subsequent entry under the homestead law until after public offering. Land thus reported, but covered by a homestead entry at the passage of the act, becomes subject thereto on the cancellation of such entry. Willie W. Thornton, 11 L. D. 547 (1890).

The act of March 3, 1883, under departmental construction, is held applicable only to lands reported as "valuable" for coal or iron.

In the circular of April 9, 1883 (1 L. D. 655), the local officers were directed not to allow entries of tracts that had been investigated and reported as valuable for minerals. The tract in controversy was within the limits of the belt of lands so reported, but upon investigation it was classed as "coal not valuable," and hence was subject to entry under the terms of the circular, although it was reported as containing coal. Avery v. Smith, 12 L. D. 550 (1891); James W. Burnum, 14 L. D. 292 (1892).

A settlement on Alabama land prior to the date when such land is reported as valuable for coal, and the entry thereof subsequent to such report and prior to March 3, 1883, both made when the settler was disqualified to enter, will not operate to except such land from the reservation provided in the act. Justice v. Alabama, 12 L. D. 635 (1891).

By the terms of the act of March 3, 1883, the lands in Alabama theretofore reported as valuable for coal or iron must be offered at

1

public sale before agricultural entry is permissible. This requirement must be followed without regard to whether lands are properly or improperly so reported. George H. Sherer, 15 L. D. 563 (1892); John R. L. Bonner, 23 L. D. 251 (1896).

II. SALINE LANDS.

.

The disposal of these lands is regulated by act of Jan. 12, 1877, 19 Stat. 221, 1 Supp. to Rev. Stats. 127. Previous to the passage of this act the Land Department held that saline lands might be located as placers. Now, however, the subject is exclusively governed by the above act, so far as the States to which it applies are concerned, unless it is repealed by the act of March 3, 1891, ch. 561, sec. 9, 1 Supp. to Rev. Stats. 943, which provides that no public lands shall be sold at public sale, except mineral and other lands whose sale at public auction has been authorized by acts of Congress of a special nature having local application.1 The circular of the Land Office issued Feb. 6, 1892, has the following on the subject of the act of 1877, at p. 60:

"Congress passed an act January 12, 1877 (19 Stat. 221), for the sale of saline or salt-spring lands in certain States. This act has exclusive reference to that class of lands which at an early period were segregated from the public lands on account of salt springs, and reserved from disposal under general laws, and which, therefore, to use the language of the statute, were incapable of being purchased under any of the laws of the United States relative to the public domain.' See decision of the Supreme Court of the United States in the case of Morton v. Nebraska (21 Wallace, 660). These lands never were subject to the operation of the homestead and pre-emption laws, nor of any other law for the disposal of the public lands except the act of January 12, 1877, above referred to. That act provides for the disposal of such lands in a certain contingency at private sale, and, being special in character and of particular application, is not repealed or modified by the general provisions of the act of March 2, 1889, to withdraw certain public lands from private entry' (25 Stat. 854; second paragraph, circular of March 8, 1889, 8 L. D. 314). "Determination of the Character of the Lands. Should prima facie evidence that certain tracts are saline in character be filed with the register and receiver of the proper land district, they

1 There is another exception, unimportant here.

will designate a time for a hearing at their office and give notice to all parties in interest, in order that they may have ample opportunity to be present with their witnesses. Such witnesses will be examined in regard to the saline character of the given tracts, and whether the same are claimed by any person; if so, the names of the claimants and the extent of their improvements must be shown.

"The witnesses should be thoroughly examined as to the true character of the land in other respects: its agricultural capacities; what kind of crops, if any, have been raised thereon, or can be raised from land of such character; whether it contains any valuable deposit of mineral of any kind, or of coal. In short, the tes-. timony should be as complete as possible; and in addition to the points indicated above, everything of importance bearing upon the character of the land should be elicited at the hearing.

"The testimony taken at the hearing will be transmitted to the General Land Office by the register and receiver, with their opinion thereon. When the case comes before the General Land Office, such a decision will be rendered in regard to the character of the land as the facts may warrant.

66

Disposal of Saline Lands.

Should the tracts be adjudged saline lands, the register and receiver will be instructed to offer the same for sale, after public notice, at the local land office of the district in which the same shall be situated, and to sell said tract or tracts to the highest bidder for cash, at a price not less than $1.25 per acre.

"In case said lands should not be sold when so offered, they will be subject to private sale for cash, at a price not less than $1.25 per acre, in the same manner as other public lands are sold at private sale.

"Should the tract in question be adjudged agricultural or mineral, it will be subject to disposal as such.

"The provisions of this act do not apply to any lands within the Territories, nor to any within the States of Mississippi, Louisiana, Florida, California, or Nevada, none of which have had a grant of salines by act of Congress. Nor do they apply to the States of Idaho, North Dakota, South Dakota, Montana, Washington, or Wyoming, none of which has had an express grant of saline lands, although each has had a grant declared to be in lieu of saline and other special grants."

LAND OFFICE DECISIONS.

The policy of the government has been uniform since the inauguration of the public land system to reserve from sale salt springs and the adjacent lands. Grants of salt springs were made to the States and Territories as follows: Ohio, 1804, Stat. 2, 277; Indiana, 1804, Stat. 2, 277; Illinois, 1818, Stat. 3, 429; Missouri, 1820, Stat. 3, 545; Arkansas, Stat. 5, 58; Michigan, Stat. 5, 59; Florida, Stat. 5, 789; Iowa, Stat. 5, 789; Wisconsin, Stat. 9, 58; Minnesota, Stat. 11, 166; Oregon, Stat. 11, 383; Kansas, Stat. 11, 269; Nebraska, Stat. 13, 47. By the Colorado Enabling Act, March 3, 1875, salt springs not exceeding twelve, with six sections adjoining each, were granted to the State, "Provided that no salt springs or lands, the right whereof is now vested in any individual or individuals, or which hereafter shall be confirmed or adjudged to any individual or individuals, shall by this This proviso applies only to private act be granted to said State." claims recognized by treaty stipulations. Morton v. Nebraska, 21 Wall. 660.

Applications for lands containing salt springs were accordingly rejected. Hall v. Litchfield, Copp, 333 (1876).

Salt is a mineral, and lands containing valuable deposits of salt are excepted from the grant to the Central Pacific Railroad Company.

The act of Jan. 12, 1877, providing for the sale of saline lands, is not applicable to lands in the State of Nevada. Eagle Salt Works, Copp, 336 (1877).

Many springs and many waters are impregnated with minerals held in solution; but it does not follow that the lands bearing such waters are mineral lands, and can be patented as such. Lands of a saline character are an exception, and are expressly provided for in the laws Lands containing relating to the disposition of the public lands. mineral springs not of a saline character are subject to sale under the general laws, and not under the acts relating to the sale of mineral lands. Pagosa Springs, 1 L. D. 562 (1882).1

Land chiefly valuable for its salt deposits is not subject to entry as a placer mine. No authority exists for the disposal of saline lands or salt springs belonging to the United States, except under the provisions of the act of Jan. 12, 1877. The provisions of said act are not applicable to the Territory of Utah: hence there is no authority for the disposal of such lands in said Territory. Salt Bluff Placer, 7 L. D. 549 (1888).

The provisions in the act of March 3, 1875, requiring the State of Colorado to make its selection of salt springs within two years after the admission of the State, is directory only, and failure to select within the period specified does not work a forfeiture of the grant.

The act of 1875 is not repealed by that of Jan. 12, 1877, nor does the proviso in the later act amount to a legislative declaration that the right of selection conferred by the act of 1875 expires at the end of two years after the admission of the State. State of Colorado, 10 L. D. 222 (1890).

1 See similar conclusion as to sulphur springs in Morrill v. Margaret M. Co., 11 L. D. 563 (1890).