it is probably not susceptible of documentary proof, and where, from the evidence, there is no probability that the patent will be attacked by a stranger, or, if attacked, the patentee has at hand the means of showing that the attack cannot be sustained. 53-26

Where the evidence is sufficient to hold that the right, title to and estate in a mining claim passed by the law of descent and distribution of the State in which the property is located to the applicant in whose name the patent proceedings were initiated and prosecuted, and there has been a considerable lapse of time since the death of the decedent, final certificate and patent will issue in the name of the applicant, and not to the heirs generally, notwithstanding that a cloud on the title may arise from failure to administer the estate. 53-26

The granting act of May 12, 1928 (45 Stat. 501) governs in determining the rights of the State of South Dakota to lands in the Custer State Park where the application of the State to purchase under the act of Mar. 3, 1925 (43 Stat. 1185) was perfected by the acquisition of the mining title subsequent to the date of the later act.

53-203

Parol evidence adduced from a party not in privity with the original locator of a mining claim in derogation of such locator's title cannot be considered. 57-244

Evidence held insufficient to show that certain cotenants have not acquired by adverse possession title to the whole claim.

57-245

The question whether mineral applicants, who are shown by the abstract of title to be covenants of other persons, may be granted a patent under the provisions of section 2332, Revised Statutes, is dependent, in the absence of an adverse claim, upon a sufficient showing that they and their predecessors in title, by working and holding the claim adversely to their cotenants for the period prescribed by the statute of limitations of the State, have acquired a perfect title by such possession to the whole of the claim under the State law. 57-245

A mineral patent will not be issued to an applicant unless and until he shows that

Section 37 of the leasing act of Feb. 25, 1920, was in effect a withdrawal of lands containing the minerals specified therein from location and entry under the general mining laws, and was for a public purpose. 52-282

Questions concerning the respective rights of adverse claimants to possession of mineral lands, under locations thereof, are to be determined by the courts, but for administrative purposes the Land Department has jurisdiction to determine whether at the date of a withdrawal a valid right had attached to any tract within the limits of the withdrawal. 52-296

Under the act of June 25, 1910, an occupant or claimant of oil and gas lands under the placer mining laws is entitled to protection, if, at the time of the withdrawal of the lands, he was making reasonable effort, indicating a bona fide intention to discover oil and gas on the claim with all practical expedition, as by the doing of physical acts tending to facilitate the exploration for, and discovery of, oil or gas thereon, and it is not necessary that actual drilling was being prosecuted at that date. 52-313

A coal-land withdrawal continues to be effective so long as it remains unrevoked, notwithstanding that the withdrawn lands had been classified as noncoal prior to the withdrawal. 52-336

The act of June 25, 1910 (36 Stat. 847), permitted mining locations upon land withdrawn thereunder containing minerals "other than coal, oil, gas or phosphate," and locations upon lands withdrawn pursuant to that act were not restricted solely to metalliferous minerals prior to the passage of the amendatory act of Aug. 24, 1912 (37 Stat. 497). 52-336

A tunnel constructed for the purpose of developing and facilitating the extraction of the sole deposit covered by a single mining location which due to erroneous or faulty description is subsequently amended or relocated and included in two claims may be accepted as a common improvement and its cost accredited to the development of both claims. 52-468

Instructions of May 4, 1929, stock driveway withdrawals; coal and other mineral lands excepted; act of Jan. 29, 1929 (45 Stat. 1144). (Cir. No. 1189.) 52-628

A temporary withdrawal in aid of the grant of June 7, 1924, of lands to the city of Phoenix, Arizona, for park purposes, becomes effective as to mining locations within its area upon their abandonment and cuts off the right of their relocation under the mining laws. 53-245

The proviso to the act of June 7, 1924 (43 Stat. 643), reserving to the United States the minerals in the lands granted to the city of Phoenix, Arizona, for park purposes, did not have the effect of restoring the lands to the operation of the mining laws either absolutely or with limitations, and occupancy and use of the lands for mining purposes not in accord with rules and regulations of the Secretary of the Interior are without authority of law. 53-245

The act of Aug. 24, 1912 (37 Stat. 497), which amended section 2 of the act of June 25, 1910 (36 Stat. 847), is remedial and should be liberally construed to effect its purpose, and nothing therein indicates any intention to curtail the metalliferous miner's rights that could be exercised by him on the public domain. 53-531

The right granted by section 2337, Revised Statutes, to a mining claimant to locate a mill site on nonmineral land is incident to the right to make mineral entry, and such location, so far as applicable to metalliferous minerals, does not come within the prohibition of a temporary withdrawal for power-site purposes under the act of June 25, 1910 (36 Stat. 847), as amended by the act of Aug. 24, 1912 (37 Stat. 497). 53-531

A valid mining claim cannot be located on lands previously reserved for power sites under the Federal Water Power Act of June 10, 1920 (41 Stat. 1063), until a de

termination by the Federal Power Commission that the value of the land will not be injured or destroyed for the purposes of power development by such location. 53-532

Instructions of June 22, 1932, opening to location and entry under the mining laws of public mineral lands withdrawn under the reclamation law; act of Apr. 23, 1932 (Cir. No. 1275). 53-706

First form withdrawals of public land under the act of June 17, 1902 (32 Stat. 388), for reclamation purposes preclude location under the mining laws and withdrawals under the subsequent act of June 25, 1910 (36 Stat. 847, as amended (37 Stat. 497)), as amended Aug. 24, 1912, permit only location of claims valuable for metalliferous minerals. Pumice is a nonmetalliferous mineral and land withdrawn under either of the acts noted above is not subject to location of claims valuable for pumice. 58-671

The discovery of mineral deposits and the performance of assessment work on withdrawn lands, in the absence of a location perfected by a valid discovery prior to the withdrawal, confers no right under the mining laws prior to the restoration of the lands from the withdrawal. Upon such restoration, the land becomes subject to veterans' preference rights under the act of Sept. 27, 1944 (43 U.S.C. (1952 ed.) 282; see also Supp. V). 59-466

The Secretary of Agriculture is not expressly or impliedly authorized to withdraw unimproved national forest lands from mining location. 60-285

The submission of a proposal by a Forest Supervisor that an area in a national forest be established as an administrative site, the surveying of the area, and the filing of the survey notes and the proposal in the regional office of the Forest Service were insufficient to effect the withdrawal of unimproved land within the area from mining location. 60-285

Lands covered by a first-form reclamation withdrawal are not open to mining locations where they have not been opened to mineral entry by the Secretary of the Interior. 61-259

Where land on which parts of several mining claims are located was not open to such location until 3 days after the

locations were made, the mining locations on such land are invalid. But where the land in Idaho has been open to mining location for more than 15 years since the attempted locations were made, and the claimants assert that they have been in continuous possession of and working the claims during that time, the claimants should be given an opportunity to show whether a discovery has been made after the date when the land became subject to mining location so that it may be determined whether the claims may have been validated under section 2332 of the Revised Statutes. 61-260

NATIONAL CAPITAL PARKS

No statutory authority exists for the imposition of fines upon members of the United States Park Police who violate the park regulations imposed to govern their conduct, and no particular regulations are prescribed, violation of which shall constitute a punishable offense. 54-302

The ordinary and reasonable interpretation of the Act of July 1, 1898 (30 Stat. 570), makes it one relating to the admission of the public to park grounds, their conduct therein, and the extent of supervision over such grounds in that connection, and not to policing. It supplies no warrant for assessing fines against the members of the park police force for offenses against the regulations peculiar to them as members of that force. 54-302

NATIONAL CEMETERIES

Under authority of section 4870, Revised Statutes, the Secretary of War has the power to appropriate lands, allotted or unallotted, within an Indian reservation for national cemetery purposes, and any patent subsequently issued for lands thus appropriated is void. 52-210

Whether the Director of the National Park Service is required by Revised Statutes secs. 4873-4875 to maintain a porter's lodge and to employ a superintendent at each of the national cemeteries under his jurisdiction: Held, the Director of the National Park Service is not required to maintain a porter's lodge and to employ a superintendent, when in his judgment the continuance of the office of cemetery

Archaeological ruins and other objects within the purview of the act of June 8, 1906 (34 Stat. 225), which may be located on lands occupied by a homesteader, continue to be property of the United States until the vesting of equitable title in the entryman, and until then the Government has authority under that act to issue permits or licenses for the examination, excavation, and recovery thereof. 52-269

The act of June 8, 1906 (34 Stat. 225), did not authorize any reservation or exception in patents for lands embracing ruins or archaeological sites, and upon the issuance of a patent for lands containing such ruins governmental authority there52-269

over ceases.

The amendment in the appropriation act of Mar. 7, 1928 (45 Stat. 200), to section 3 of the act of Aug. 25, 1916 (39 Stat. 535), governs contracts made prior thereto as well as those made thereafter, and an operator in a national park wishing to issue bonds or increase his capitalization and sell additional stock must submit his proposal to the Secretary of the Interior for approval, notwithstanding that the contract makes no mention of such requirement. 52-356

The Director of National Parks, Buildings and Reservations, by virtue of authority conferred upon him by E.O. No. 6166 of June 10, 1933, succeeds to the authority originally conferred by Congress upon the commissioners empowered to sell and convey lots of the Government in the District

of Columbia, in so far as authority to convey title on behalf of the United States is concerned, including execution of a quitclaim deed. 54-319

In view of the provisions of the act of Mar. 5, 1917 (39 Stat. 1106), forbidding, under penalty, the receipt by any Federal officer or employee of any salary in connection with his services as such officer or employee from any source other than the United States Government, except as may be contributed out of the treasury of a State, county, or municipality, the National Park Service is without authority to accept a donation of money conditioned upon its application to the salary of one of its employees. 54-497

The administrative authority vested in the Secretary of the Interior by the act of July 3, 1930 (46 Stat. 855), must be exercised within the limits prescribed by that act, and does not include authority to grant rights-of-way, by permit or otherwise, over governmental land within the Colonial National Monument, Virginia.

55-155

Congress having conferred upon the Director of Public Buildings and Public Parks authority over "all official records, papers, etc., in the possession of the Secretary of War or Chief of Engineers of the United States Army" pertaining to the title to lot 810, square 825, District of Columbia, and having later transferred all said duties and records to the Director of the National Park Service, it follows that the Director is clothed with authority to correct a record pertaining to said lot 810. 55-479 The Director of the National Park Service is clothed with authority, by virtue of sec. 2 of the act of Mar. 3, 1899 (30 Stat. 1346), secs. 3 and 4 of the act of Feb. 26, 1925 (43 Stat. 983), and E.O. No. 6166, dated June 10, 1933, made pursuant to the act of Mar. 3, 1933 (47 Stat. 1517), to correct the United States title records therein referred to, to show ownership in the occupant, provided the occupant submits sufficient proof of uninterrupted possession.

55-479

Pursuant to Art. IV, sec. 3, cl. 2 of the Federal Constitution the Congress may legislate for the protection and regulation of use of all Federal lands. With respect

263

to parks and parkways, Congress has also authorized the Secretary of the Interior to issue regulations designed to effectuate this power. The Federal criminal laws and National Park Service regulations relating to the protection and regulation of use of Federal property are applicable to the Natchez Trace Parkway lands, the title to which is vested in the United States. 58-467

The statutes delegating to the Secretary of the Interior the authority to make rules and regulations with respect to the use and management of the national parks do not constitute an unconstitutional delegation of legislative power to an executive officer of the Government.

60-169

*

*

The act of June 12, 1906 (34 Stat. 255), provides that no contract or purchase on behalf of the United States shall be made "unless the same is authorized by law or is under an appropriation adequate to its fulfillment, except in the War and Navy Departments, for clothing, subsistence, forage, fuel, quarters, transportation, or medical and hospital supplies, which, however, shall not exceed the necessities of the current year 54-282 E.O. No. 6166 (dated June 10, 1933, effective 60 days later), issued under authority of the act of Mar. 3, 1933 (47 Stat. 1489), which, among other things, transferred administration of national monuments located in national forests from the Department of Agriculture to the Office of National Parks, Buildings and Reservations, contained the proviso, "except that where deemed desirable there may be ex

res

cluded from this provision any * ervation which is chiefly employed as a facility in the work of a particular agency." Held, That in the absence of any action taken regarding this proviso during the 60day period following June 10, 1933, the order became effective on Aug. 10, 1933, and the status of this agency and others within the scope of the order became crystallized, so that subsequent changes could be effected only through further action by the President or Congress. 54-314

The order of the Secretary of the Interior of Aug. 23, 1933, requiring that all work performed with funds granted by the Federal Emergency Administration of Public Works shall be subject to the labor policies and wage requirements prescribed by said organization, embraces work performed in national parks, whether under contract or by the Government's own forces.

54-327

To be legally effective, a change from or waiver of the statutory 30-hour workweek prescribed by the National Industrial Recovery Act and the Federal Emergency Administration of Public Works, as applied to National Parks, must be authorized by officials of the latter organization or the State Engineer (P.W.A.), in such persons residing the duty of determining whether it is impracticable or infeasible to do the work required on the 30-hour week basis or to substitute therefor the 40-hour week authorized in Circular No. 1 and the rules and regulations approved Aug. 9, 1933.

54-328

The act of Mar. 3, 1891 (26 Stat. 842), authorizes the Secretary in his discretion to refuse or forfeit hot water privileges because of common ownership of an inter

est in more than one grant thereof; it does not command him to do so. 56-127

The statute authorizes the Secretary to deny an application for hot-water privileges and to forfeit existing hot-water privileges if the application is made by or such privileges are owned by a corporation, part of whose stock is owned by persons who are also stockholders of another corporation, which owns more than a majority of the stock of a subsidiary corporation, which has been granted hot-water privileges. Whether under these circumstances the Secretary should deny or forfeit such privileges are matters of administrative discretion. 56-127

There is no legal objection to answering an inquiry of majority stockholders of a corporation which has been granted hotwater privileges and which is the subject of reorganization in an insolvency proceeding, whether, if a proposed plan of reorganization is approved and as a result a new corporation owns and operates the assets and business of the insolvent corporation, an assignment of the privileges of the insolvent corporation to the new corporation will be approved or disapproved, or new privileges granted or withheld from the latter corporation. However, the inquiry should be answered only upon full disclosure of relevant facts, that is, the details of the plan of reorganization, how and to whom the stock of the new corporation is to be issued, and such information as would be required of any applicant for a grant of privileges or an assignment thereof. 56-127

The procedure of "acceptance" by the Secretary of the Interior of certain properties within national parks, authorized by the act of June 5, 1920 (41 Stat. 917), relates to conveyances of private properties, rights, and moneys to the Federal Government and is inapplicable to transactions concerning public lands. 56-264

The term "reservations" as defined in the Federal Water Power Act (41 Stat. 1063), as amended by the Federal Power Act (49 Stat. 838), does not include national parks or national monuments.

56-372

Claims for the loss of animals rented to the National Park Service under contracts