rant, the subsequent discovery of fire clay I claim may be questioned up to the date of would not defeat the agricultural claim. (NOTE. The real reason for the decision appears to have been failure to prove the existence of valuable deposits of fire clay.) Clark v. Ervin, 17 L. D. 550. 25. Where a lode claim and mill site are located, and later the land covered thereby is entered under the homestead law and proved to be non-mineral, the mineral claimant who had erected a mill on the mill site has the better right thereto, though he must thereafter hold it under the second clause of section 2337, United States Revised Statutes. Adams v. Simmons, 16 L. D. 181. 26. A coal claimant, contesting an original homestead entry, must show the land to be valuable for coal deposits by actual production of the coal. Jones v. Driver, 14 L. D. 514. 27. Where it is alleged that land covered by an agricultural claim contains coal, the inquiry should be whether any forty-acre subdivision, taken as an entirety, is more valu- | able for coal than for agricultural purposes. A part of such a subdivision may not be segregated as valuable for coal. Mitchell v. Brown, 3 L. D. 65. 28. To be excepted from a final homestead entry as mineral, land must have been known at date of such entry to be mineral in character and more valuable therefor than for agricultural purposes. Nicholas Abercrombie, 6 L. D. 393. 29. To defeat a final homestead entry, a mineral contestant must show that at date of such entry the land was known to be more valuable for mining than for agricultural purposes. Creswell M. Co. v. Johnson, 8 L. D. 440. 30. The discovery of the mineral character of the land covered by a homestead claim at any time prior to final homestead entry will defeat the same. Dickinson v. Capen, 14 L. D. 426; Jones v. Driver, 14 L. D. 514. 31. Land known to contain mineral in such quantity as will justify expenditure to obtain it, at date of a final homestead entry, may not be patented to the homestead claimant. Departmental decision of May 20, 1896, In re Porter v. Scannell. final entry. A discovery of its mineral character between submission of defective proof and date of final entry will defeat the homestead claim. Spratt v. Edwards, 15 L. D. 290. 33. The known character of land at the date of final homestead entry determines whether or not it should be excluded from the homestead claim because of its mineral character, the discovery of mineral subsequent to such final entry being immaterial. Rea v. Stephenson, 15 L. D. 37. 34. To be excepted from a pre-emption entry as mineral, land must be known to be such at date of the agricultural entry. A discovery of mineral after pre-emption entry of the land would not defeat the pre-emption entry. Harnish v. Wallace, 13 L. D. 108. 35. "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. If upon the premises at that time there were not 'known mines,' capable of being profitably worked for their product, so as to make the land more valuable for mining than for agriculture, a title to them acquired under the pre-emption act, cannot be successfully assailed." Colorado Coal & Iron Co. v. United States, 123 U. S. 307. 36. To be reserved from entry under the agriculture land laws and from patent issued under said laws, land must have been known at the time of sale (entry) to be valuable for its minerals. A discovery of its mineral character subsequent to that date cannot affect the title. Deffeback v. Hawke, 115 U. S. 392. 37. A mineral application should not be received for land covered by a homestead entry, but upon its tender a hearing should be ordered to determine the character of the land. (In this case an erroneously filed application was allowed to stand pending such a hearing.) Hooper v. Ferguson, 2 L. D. 712. 38. Alabama lands returned as valuable for coal prior to the act of March 3, 1883 (22 Stat. 487), are not subject to homestead entry until offered at public sale. Alice Jordon, 7 32. The character of land (whether min- L. D. 461; Nathaniel Banks. 7 L. D. 512; 8 eral or non-mineral), embraced in a homestead | L. D. 532; J. C. Henley, 9 L. D. 178. 39. Lands in Florida claimed prior to April 1, 1890, under the homestead or preemption laws, and not known to be valuable for phosphate deposits at date of such claim, may be entered under such laws notwithstanding a subsequent discovery of such deposits. Act of Oct. 1, 1890 (26 Stat. 663). Gary v. Todd, 18 L. D. 58. 40. Where an agricultural entry is shown to embrace a valid mining claim, the agricultural claimant must have a survey made at his expense under the direction of the Surveyor General, segregating the mineral from the agricultural land. Darragh v. Holdman, 11 L. D. 409. 41. The owner of an unsurveyed mining claim in conflict with an agricultural entry, which the Land Department holds should be excluded from the agricultural entry, must have an official survey of his claim made. Winters v. Bliss, 14 L. D. 59. 42. Where upon a contest it is decided that the land in conflict between an agricultural entry and an unsurveyed mining claim is mineral in character, a segregation survey must be made at the expense of the mineral claimant. Creswell M. Co. v. Johnson, 8 L. D. 440. 43. A survey to segregate agricultural land from a mining claim may be made at the expense of an agricultural claimant desirous of entering the land. Walter Bond, 18 L. D. 418. 44. An agricultural claimant who relinquishes the ground in conflict with an unsurveyed mining claim must have a survey made segregating such mining claim from his agricultural claim. Departmental decision of June 13, 1896, In re Arthur Chambers. 45. A lode claim divided into two noncontiguous tracts by land patented as agricultural in character can be entered only as to one of such tracts. Departmental decision of March 31, 1896, In re George H. Hewitt. 46. The survey of a mining claim must not be extended into an excluded agricultural claim. Bi-metallic M. Co., 15 L. D. 309. 47. Where an agricultural entry as originally made covers contiguous tracts, it may be allowed to stand although by a subsequent segregation of mineral land the land remaining consists of non-contiguous tracts. Lannon v. Pinkston, 9 L. D. 143. 48. The return of lands as saline is not conclusive of their character, and if disproven they are subject to agricultural entry. Cole v. Markley, 2 L. D. 847. 49. A location of a mining claim, where the entry therefor is canceled because of the non-mineral character of the land, may not be made the basis of a settlement claim to the same land. McIntyre v. Yokum, 16 L. D. 62. 50. A mineral entry of lands covered by a cash entry may be allowed to stand where the cash entry has been canceled. Dobbs Placer, 1 L. D. 565. 51. 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. 52. A lode claimant has no right to follow his lode on its dip into an agricultural claim of which final entry had been made prior to the location of the mining claim. Colorado Central Cons. M. Co. v. Turck, 50 Fed. Rep. 888; 4 U. S. App. 290; 12 U. S. App. 85; Pacific Coast M. & M. Co. v. Spargo, 8 Sawy. 645; 16 Fed. Rep. 348; Amador-Medean G. M. Co. v. South Spring Hill G. M. Co., 13 Sawy. 523; 36 Fed. Rep. 668. * * * * ALASKA MINERAL LANDS. AN ACT providing a civil government for Alaska. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, 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 CATION. 1. A mineral entry may be referred to the Board of Equitable Adjudication, where posting of plat and notice of application for patent was not made on the claim owing to inaccessibility and danger of snow slides, but in a conspicuous place on the adjoining claim. Rowena Lode, 7 L. D. 477. claimed by them, but the terms under which | BOARD OF EQUITABLE ADJUDIsuch 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 aforesaid: And provided also, That the land not exceeding six hundred and forty acres at any station now occupied as missionary stations among the Indian tribes in said section, with the improvements thereon erected by or for such societies, shall be continued in the occupancy of the several religious societies to which said missionary stations respectively belong until action by Congress. But nothing contained in this act shall be construed to put in force in said district the general land laws of the United States. * Approved May 17, 1884. (23 Stat. 24.) PARAGRAPH 96 OF THE MINING REGULA- 96. The administration of the mining laws as prescribed by these regulations will be, so far as applicable, adopted for, and extended to Alaska. (1) The ex-officio register, receiver, and surveyor-general, while acting as such, and their clerks and deputy surveyors, will be deemed subject to the laws and regulations governing the official conduct and responsibilities of similar officers and persons under general statutes of the United States. (2) The Commissioner of the General Land Office will exercise the same general supervision over the execution of the laws as are or may be exercised by him in other mineral districts. 1. The act of May 17, 1884 (23 Stat. 24, ch. 53, sec. 8), protects possessory claims to mines in Alaska, theretofore initiated, though not based upon a compliance with all the provis ions of the United States laws relative to the location of a mining claim. Bennett v. Harkrader, 158 U. S. 441. 2. A location notice, defective in that it fails to describe the claim with particularity, may, if connected with the location of the claim by evidence, be admitted for the purpose of showing the date of the initiation of a mining claim in Alaska. Bennett v. Harkrader, 158 U. S. 441. 3. Natives of Alaska are not Indians. John Brady, 19 L. D. 323. 2. An entry of a lode and mill site, defective in that notice of application for patent was not posted upon the mill site, may be referred to the Board of Equitable Adjudication. New York Lode & Mill Site, 5 L. D. 513. (Overruling John W. Bailey & Grand View M. & Sm. Co., 3 L. D. 386.) 3. Where mineral claimants have shown due compliance with the law and regulations, except in the matter of furnishing proof of posting, the entry may be referred to the Board of Equitable Adjudication after new advertisement, posting, and proof thereof. Cornell Lode, 6 L. D. 717. 4. A mineral entry may be referred for confirmation to the Board of Equitable Adjudication, where the locus of the claim was not shown in the published notice by a line connecting the claim with the public surveys. Silver King Quartz Mine, 11 L. D. 234. 5. Where the published notice of application for patent contains a slight error in the connection showing the locus of the claim, the entry may be referred to the Board of Equitable Adjudication. Alabama Quartz Mine, 15 L. D. 563. 6. Where by a typographical error the line connecting the claim with a public survey corner was published as 2,552.2 feet in length, instead of 2,252.2 feet, the mineral entry may be referred to the Board of Equitable Adjudication. Newport Lode, 6 L. D. 546. 7. Publication of a notice of a mineral application for patent in a weekly paper requires ten insertions, but where only nine were made, in accordance with the former practice of the Department, the entry may be referred to the Board of Equitable Adjudication for confirmation in the absence of any adverse rights. Oro Placer, 11 L. D. 457. 8. Where by error in the survey of a mining claim the line connecting the claim was so erroneous as to place the claim about half a mile from its true position, it was held that the mineral entry should be referred to the Board of Equitable Adjudication without requiring republication of notice of application. Buena Vista Lode, 6 L. D. 646; Veta Grande Lode, 6 L. D. 718. 9. A notice of application for a mineral patent that fails to connect the claim with the public surveys or a United States mineral monument is insufficient, and an entry allowed on such notice may not be referred to the Board of Equitable Adjudication in the presence of a protest of persons alleging adverse claims, but republication of notice will be required. Nil Desperandum Placer, 10 L. D. 198. 14. No case with a defect which can be remedied is to be referred to the Board of Equitable Adjudication. (Commissioner's order of April 13, 1893.) Com'r to Sacramento Office, July 9, 1894, In re Central North Star Quartz Mine. COAL. I. THE STATUTES I. THE STATUTES.* TITLE XXXII, CHAPTER SIX. MINERAL LANDS AND MINING RESOURCES. Every person above the age of twenty-one years, who is a citizen of the United States, or who has declared his intention to become 10. Where the notices of application for patent were sufficiently definite in the matter of description of the claim to cause an adverse claim to be filed, republication of notice will not be required because of an error in the survey of ten degrees in the such, or any association of persons severally course and three chains in the length of the qualified as above, shall, upon application to the register of the proper land office, have line connecting the survey of the claim with the right to enter, by legal subdivisions, any a corner of the public surveys, but the entry quantity of vacant coal lands of the United may be referred to the Board of Equitable States not otherwise appropriated or reserved Adjudication. Walter C. Childs, 10 L. D. 173. hundred and sixty acres to such individual by competent authority, not exceeding one 11. Any defect in the published notice of person, or three hundred and twenty acres application for a mineral patent is charge-ceiver of not less than ten dollars per acre to such association, upon payment to the reable to the register, whose duty it is to pre- for such lands, where the same shall be situpare and publish the same, and an entry may ated more than fifteen miles from any combe referred to the Board of Equitable Adjudi- pleted railroad, and not less than twenty cation where such notice is defective in fail- within fifteen miles of such road. 17 Stat. dollars per acre for such lands as shall be ing to connect the claim with a corner of the 607; sec. 2347, U. S. Rev. Stat. public surveys or a United States mineral monument. Mimbres M. Co., 8 L. D. 457. 12. Where, on a contest between a mill site claimant and a lode claimant, the judgment of the General Land Office was that the land in conflict is mineral in character and that the lode claimant must give new notice of application for patent, the lode claimant may not allow said decision to become final, and then, by moving the reference of his entry to the Board of Equitable Adjudication, attempt indirectly to evade that portion of the decision adverse to him while claiming its finality as against the contestant. Oscar Waller, 22 L. D. 318. Any person or association of persons severally qualified, as above provided, who have opened and improved, or shall hereafter open and improve, any coal mine or mines upon the public lands, and shall be in actual possession of the same, shall be entitled to a preference-right of entry, under the preceding section, of the mines so opened and inproved: Provided, That when any association of not less than four persons, severally qualified as above provided, shall have expended not less than five thousand dollars in working and improving any such mine or mines, such association may enter not exceeding six hundred and forty acres, including such mining improvements. 17 Stat. 607; sec. 2348, U. S. Rev. Stat. All claims under the preceding section must be presented to the register of the proper land-district within sixty days after the date of actual possession and the commencement of improvements on the land, by the filing of a declaratory statement therefor; but when the township plat is not on file at the date of such improvement, filing must be made within sixty days from the receipt of such plat at the district office; and where the improvements shall have been made prior to *Coal Circular issued by Land Department July 31, 1882. 13. A protestant without interest does not have such an "adverse claim" to the land involved as will serve to defeat a reference of the entry to the Board of Equitable Adjudication, if it is otherwise subject to such disposition. Cooke v. Villa (review), 19 L. D. 442; Walker v. Snider (review), 19 L. D. 467. the expiration of three months from the third day of March, eighteen hundred and seventythree, sixty days from the expiration of such three months shall be allowed for the filing of a declaratory statement, and no sale under the provisions of this section shall be allowed until the expiration of six months from the third day of March, eighteen hundred and seventy-three. 17 Stat. 607; sec. 2349, U. S. Rev. Stat. 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 twentyone 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 nay enter by legal subdivisions as aforesaid any area not exceeding one hundred and sixty acres. 7. Any association may enter not to exceed three hundred and twenty 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 six hundred and forty acres, including such mining im The three preceding sections shall be held to authorize only one entry by the same person or association of persons; and no association of persons, any member of which shall have taken the benefit of such sections, either as an individual or as a member of any other association, shall enter or hold any other lands under the provisions thereof; and no member of any association which shall have taken the benefit of such sections shall enter or hold any other lands under their provisions; and all persons claiming under section twenty-three hundred and forty-eight shall be required to prove their respective rights and pay for the lands filed upon within one year from the time prescribed for filing their respective claims; and upon failure to file the proper notice, or to pay for the land within the required period, the same shall be subject to entry by any other qualified appli-provements. cant. 17 Stat. 607: sec. 2350, Ú. S. Rev. Stat. In case of conflicting claims upon coallands where the improvements shall be commenced, after the third day of March, eighteen hundred and seventy-three, priority of possession and improvement, followed by proper filing and continued good faith, shall determine the preference-right to purchase. And also where improvements have already been made prior to the third day of March, eighteen hundred and seventy-three, division of the land claimed may be made by legal subdivisions, to include, as near as may be, the valuable improvements of the respective parties. The Commissioner of the General Land Office is authorized to issue all needful rules and regulations for carrying into effect the provisions of this and the four preceding sections. 17 Stat. 607; sec. 2351, U. S. Rev. Stat. Nothing in the five preceding sections shall be construed to destroy or impair any rights which may have attached prior to the third day of March, eighteen hundred and seventy-three, or to authorize the sale of lands valuable for mines of gold, silver, or copper. 17 Stat. 607; sec. 2352, U. S. Rev. Stat. II. REGULATIONS. 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. 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. 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 October 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 |