58. A second coal filing for the same tract is not allowed to one who has failed to make proof and payment within the statutory period. Alfred Grunsfeld, 10 L. D. 508.

59. One who has had the benefit of one

coal declaratory statement is disqualified from making another, even though the first filing was made in the name of another. James D. Negus, 11 L. D. 32.

60. A second filing is not prohibited where a party has never made a coal entry. J. E. Hutchings, 4 C. L. O. 142.

61. But one entry is allowed to a person or association under section 2350, United States Revised Statutes. Adolph Peterson, 6 L. D. 371; Gerard B. Allen, 8 L. D. 140; J. E. Hutchings, 4 C. L. O. 142.

62. A coal entry will not be allowed on a coal declaratory statement filed in the interest of a person other than the applicant. Conner v. Terry, 15 L. D. 310.

63. The coal land law does not prohibit the filing of more than one declaratory statement. John McMillan, 7 L. D. 181.

64. For good reasons the Land Department will expressly authorize the filing of a second coal declaratory statement, and where entry has been made, based on a second declaratory statement, the filing thereof may be authorized nunc pro tunc. John McMillan, 7 L. D. 181.

65. A coal entry may not be made embracing one tract taken as assignee of a preference right and the other in the individual right of the entryman. Charles S. Ludlam,

17 L. D. 22.

66. A person who has bought and sold a preference right under the coal land law is not thereby barred from making a coal entry. William H. McConnell, 18 L. D. 414.

67. A coal contestant who offers to pay

costs of a hearing in his contest against a coal entry, and upon whose showing the entry is canceled, has a preference right of filing upon the land, even though the hearing prayed was never ordered. Garner v. Mulvane, 12 L. D. 336.

68. In determining the character of land alleged to be chiefly valuable for coal, if coal has been actually produced, the probable extent of the deposit may be shown by testimony of expert geologists and miners. Rucker v. Knisley, 14 L. D. 113.

70. The coal or mineral character of land must be determined by actual production from mining on the tract, or by satisfactory

evidence that coal or mineral exists in sufficient quantity to make the same more valuable for mining than for agriculture. Savage v. Boynton, 12 L. D. 612.

71. It is not necessary to show that coal has been developed on the various portions of a forty-acre subdivision claimed under the coal land law; if coal has been discovered the applicant is entitled to the whole of the forty-acre tract. State of Montana v. Buley,

23 L. D. 116.

72. The mere fact that there are surface indications of coal on public land will not of itself prevent the acquisition of title to the land under the pre-emption laws; nor will such a title be invalidated by the fact that after acquisition of such title the surface indications prove to be veins which can, by a change of circumstances, be profitably worked. Colorado Coal & Iron Co. v. United States, 123 U. S. 307.

73. Discovery on each subdivision of a coal claim is not necessary if the evidence goes to show presence of coal there. Hamilton v. Anderson, 19 L. D. 168.

74. The fact that a tract of land is surrounded by tracts covered by coal declaratory statements, and covered by one or more of them, is not sufficient ground for the rejection of pre-emption proof. In such a case

personal service should be given to the de

clarants, in addition to the published notice thereof, and upon complaints, hearings should be ordered. Jose R. Archuleta, 15 C. L. O. 256.

75. Land covered by an actual entry is not subject to filing under the coal land law, but upon allegation that an agricultural entry covers coal land, the coal applicant may contest it. Crowell v. Blaine, 16 C. L. O.

112.

76. Coal discovered after pre-emption entry cannot affect the title. Nicholas Abercrombie, 6 L. D. 393.

77. In determining the right of a homestead claimant and a coal claimant the character of each forty-acre subdivision in controversy should be ascertained. Scott v. Sheldon, 15 L. D. 361.

78. The discovery that land is valuable for coal after final homestead entry will not reserve it from patenting under the homestead entry. Nicholas Abercrombie, 6 L. D. 393.

79. A coal claimant contesting an original homestead entry must show the land to be valuable for coal deposits by the actual production of coal. Jones v. Driver, 14 L. D.

514.

80. 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 valuable 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.

85. The configuration of ground does not affect the price of coal land. Frank Foster, 2 L. D. 730.

86. Sections 2348 and 2349, United States Revised Statutes, do not require that a coal mine must have been opened by the claimant at the time of filing a coal declaratory statement. Ouimette v. O'Conner, 22 L. D. 538.

87. Mere occupation and improvement confer no rights as against the United States, nor do they impair the power of Congress to dispose of the land as it may deem proper. Yosemite Valley Case, 15 Wall. 77; Kaweah Cooperative Colony, 12 L. D. 326.

88. An applicant for the preference right of purchase under section 2348, United States Revised Statutes, must be in actual possession of the land when he applies for such right, and the labor expended and improvements made must be such as to clearly indicate his good faith. James D. Negus, 11 L. D.

32.

89. On the relinquishment of a coal declar

83. Coal lands formerly embraced within a military reservation, now abandoned, are not subject to homestead entry under the act of July 5, 1884 (23 Stat. 104), but must be entered under the coal land laws. Departmental decision of May 14, 1896, In re Coppinger v. United States.

84. The price of coal land, i. e., whether $10 or $20 per acre, must be governed by the distance of the land from a completed railroad at date of payment and entry. Departmental decision of Sept. 17, 1881, Copp's Min. Lands, 345; Departmental decision of May 10, 1882, McLean & Nolan Coal Entry; Instructions, 1 L. D. 540; Frank Foster, 2 L. D. 730; Joseph L. Colton, 10 L. D. 422; Edward B. Largent, 13 L. D. 397; Oswald C. Mortson, 16 C. L. O. 52.

the declarant inure to the benefit of one asserting a valid adverse claim to the land under the coal land law at the date of such relinquishment. Ouimette v. O'Conner, 22 L. D. 538.

claimed in good faith by two parties. Paire 90. Priority will govern where coal land is v. Markham, 21 L. D. 197.

91. A preference right of entry of coal lands set up to defeat a private cash entry thereof must be based upon actual bona fide occupation of the land by and for the benefit of the one claiming such right. McDaniel v. Bell, 9 L. D. 15.

92. Possession, labor and improvements by a lessee must, in the absence of bad faith, be

held to inure to the benefit of the lessor. Com'r to Salt Lake City Office, Jan. 2, 1890.

93. Prior possession without filing will not avail as against an adverse claimant who has complied with the law. Lezeart v. Dunker,

4 L. D. 96.

94. Possession of one tenant in common or partner is possession of all. Com'r to Buffalo Office, Dec. 8, 1893.

95. Claimants must verify their declarations and applications by their oaths, and they cannot delegate that duty. They can act by an agent only in the matter of filing

said papers and making the necessary payments. White Oaks Improvement Co., 13 C. L. (. 159.

105. Where two declaratory statements under the coal land law are filed for the same tract of land, a hearing will not be ordered until one of the parties applies to purchase the land. William C. Tomlins, 16 C. L. O.

98. Failure to file a coal declaratory statement within sixty days from taking possession of the land, and to make entry within a year from the time allowed for such filing, renders the land subject to entry by any other person who has complied with the law. Brennan v. Hume, 10 L. D. 160.

99. A coal entry, allowed on a defective declaratory statement, may, in the absence of adverse claims, be referred to the Board of Equitable Adjudication, where a proper declaratory statement is subsequently filed. Anthracite Mesa Coal Co., 19 L. D. 18.

100. A coal declaratory statement by an agent of an association must be unaer oath, must show qualifications of the individuals comprising the association, and if for more than three hundred and twenty acres must show $5,000 worth of improvements to have been made upon the land. Johnson v. South Dakota, 17 L. D. 411.

101. A coal declaratory statement, and the affidavit required at date of purchase, may not be made by an agent. J. W. Hallowell, 2 L. D. 735. (Affirmed by Secretary, May 23, 1884.)

102. A coal declaratory statement should not be received while the land is covered by the existing homestead entry of another. Bullard v. Flanagan, 11 L. D. 515.

103. A coal declaratory statement will be rejected when the declarant fails to state that he has "located and opened a valuable mine." Com'r to Pueblo Office, June 7 and 10, 1890.

104. A coal declaratory statement offered during the pendency of a previous application to file made for the benefit of the same applicant, though in the name of another, confers no right as against an intervening adverse claim. James D. Negus, 11 L. D. 32.

107. The declaratory statement of a coal claimant should be canceled at the expiration of the time allowed for purchase thereunder, after due notice. Alfred Grunsfeld, 10 L. D. 508.

108. The Department has no authority to extend the time for payment. Com'r to John L. Wilson, Dec. 16, 1893; Com'r to H. E. Pinney, Jan. 2, 1894; Com'r to S. B. Mallory, May 3, 1894.

109. The failure to file a coal declaratory statement within sixty days after date of actual possession, and to make payment for the land within one year from the expiration of the time allowed for such filing, renders the land subject to entry by another who has complied with the law. Brennan v. Hume, 10 L. D. 160.

110. Priority of right to purchase coal lands under section 2347, United States Revised Statutes, is lost, in face of an intervening adverse claim, by failure to file upon the lands within the time prescribed by law. Lezeart v. Dunker, 4 L. D. 96.

111. Failure to perfect a coal land entry during the statutory period defeats the right so to do in the presence of an intervening adverse claim. (Claimant one day late.) O'Gorman v. Mayfield, 19 L. D. 522.

112. The right to purchase land under a coal declaratory statement is not forfeited, in the absence of a valid adverse claim, by failure to make entry within the statutory period. Alfred Grunsfeld, 10 L. D. 508.

113. In case of fire destroying the original coal declaratory statement, another should be filed as nearly like the first as possible. The filing of one coal declaratory statement exhausts the claimant's right. He must pay for the land at the time required. He cannot file a new declaratory statement. Alfred Grunsfeld, 10 L. D. 508.

114. A coal declarant who has failed to purchase during the time allowed will not be given further protection under a second de

115. An agent may make certain proofs. (Coal.) J. W. Hallowell, 2 L. D. 735. (Af. firmed by Secretary, May 23, 1884.)

116. A coal land application made by an agent may be made by claimant nunc pro tunc. J. W. Hallowell, 2 L. D. 735. (Affirmed May 23, 1884, by Secretary.)

117. Where an applicant to purchase coal lands under a declaratory statement alleges compliance with the law through his agent, and it appears that such agent is the real party in interest, the agent may be allowed to make entry as assignee of the declarant. Kerr v. Utah-Wyoming Improvement Co., 2 L. D. 727.

118. The requirements of the General Mineral Circular issued by the Land Department do not apply to entries under the coal land laws. W. H. Mosley, 6 L. D. 620.

119. A coal entry should not be canceled for failure to furnish proof not required by the Land Department regulations in force at the date of the entry. Durango Land & Coal Co., 18 L. D. 382.

120. What constitutes sufficient proof of citizenship in a coal entry. W. H. Moseley, 6

L. D. 620.

122. When parties have located or filed upon coal lands, they may transfer their rights. James N. Kimball, 3 C. L. O. 50.

123. Assignments under the coal land law to disqualified persons are not recogized. James N. Kimball, 3 C. L. O. 50.

124. A coal declaratory statement, which section 2348, United States Revised Statutes, provides may be filed by "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," may also be filed by one in possession who has purchased the possessory right and improvements of another. Swain v. Kearney, 22 L. D. 306.

125. The purchaser of improvements made by a prior claimant under a coal declaratory

specific assignment of the preference right to purchase has not been made as provided in paragraph 37 of the Coal Regulations. Ouimette v. O'Conner, 22 L. D. 538.

126. The transferee of a coal entryman, prior to issuance of patent, takes no greater right than his grantor had, i. e., an equitable title, and the entry is subject to cancellation by the Land Department just as though no transfer had been made. Scott v. Sheldon, 15

L. D. 588.

127. A company may enter as the assignee of a coal declarant. Kerr v. Utah-Wyoming Improvement Co., 2 L. D. 727.

128. One of the members of an association can assign his preference right to the other members without defeating their right to perfect title. Com'r to Evanston Office, Feb. 29, 1888, 14 C. L. O. 283.

129. Where, before survey of the land, a coal claimant locates a claim in his individual capacity and another adjoining claim as agent for a company, and it is shown by the government survey that the improvements made by said company are upon land claimed by the individual, such improvements inure to the benefit of his claim. Curtis v. Songer, 22 L. D. 11.

130. A patent issued upon a coal entry, which was made for land not claimed, through error of description, may be surrendered to the Land Department, the land reconveyed to the government, proof furnished of non-alienation of the land patented, and the patent may be canceled and a new patent issued after amendment of the entry. Richard Gill, 8 L. D. 303.

131. Proceedings to vacate a patent to coal lands may be taken by the United States, though the patent issued without fraud. United States v. Mullan, 7 Sawy. 466; 10 Fed. Rep. 785; 118 U. S. 271.

132. The United States may maintain a suit to vacate a listing or certification under a land grant if the land was known to be valuable for coal at the date the grant took effect. Mullan v. United States, 118 U. S. 271. (Affirming United States v. Mullan, 7 Sawy. 466; 10 Fed. Rep. 785.)

133. Suit to set aside a patent will not be advised by the Department in the absence of a specific showing of facts sufficient to justify such action. James D. Negus, 11 L. D. 32.

134. A coal entry may be amended after patent when the mistake was made by reason of the indistinct marks at section corners. Richard Gill, 8 L. D. 303.

135. A coal entry embracing eighty acres, of which but forty acres was included in the declaratory statement, the other being necessary to the working of the mine, may be allowed to stand where the entry is made in good faith. Charles H. Ackert, 17 L. D. 268.

136. A. assigns the preference right to one hundred and sixty acres to B., who relinquishes one hundred and twenty acres. He cannot make entry of forty acres under his preference right, together with forty acres, by private cash entry. Com'r to Montrose Office, Oct. 14, 1892.

137. The fact that certain coal entries were made with the knowledge of officials in the General Land Office will not estop the Department from passing on their legality when brought before it for action. Adolph Peterson, 6 L. D. 371.

138. An entry may be made by one who has theretofore filed a declaratory statement. William H. McConnell, 18 L. D. 414.

139. A coal entry may embrace land not covered by the declaratory statement. Charles H. Ackert, 17 L. D. 268. Contra, Charles S. Ludlam, 17 L. D. 22.

140. An entry will be disallowed if inconsistent with the original claim. W. F. Hawes, 5 L. D. 224.

141. Coal veins may not be followed beyond the exterior limits of the claim. Com'r.

to M. H. Dunnell, 1 C. L. O. 34.

142. The coal land laws have not been extended to Alaska. Com'r to James McClaskey, Feb. 8, 1893.

143. Repayment of purchase money paid in making a coal entry will not be made where the entry has been canceled for fraud. D. A. Mulvane, 15 L. D. 146.

144. Certificates of deposits for surveys are not received in payment for coal lands. Robert Sprowl, 4 C. L. O. 116.

145. Where coal exists, timber needed in mines should not be cut for fuel. H. M. Gregg, 10 C. L. O. 172.

146. Coal lands are not subject to entry under the timber culture laws. Com'r to Samuel Landers, 5 C. L. O. 146.

147. Timber cut on coal lands- certain price accepted. Osborn Bros., 2 L. D. 728.

148. A coal declarant in possession may sue for the value of stone removed from his land. Johnston v. Harrington, 5 Wash. St. 73; 31 Pac. Rep. 316.

149. Coal lands cannot be included in a

town site entry. Com'r to Alma Elridge, 1 C. L. O. 191.

150. A town site patent does not pass title to any coal veins. Town Site of Coalville, 4 C. L. O. 46.

151. Excepting clause is inserted in town site and coal patents when they conflict. Town Site of Coalville, 4 C. L. O. 46. But see Deffeback v. Hawke, 115 U. S. 392.

152. Coal and iron lands in Alabama are to be sold as agricultural lands, but must be first offered at public sale. Act March 3, 1883(22 Stat. 487); Circular, 1 L. D. 655.

153. 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 after they shall have been offered at public sale. Alice Jordan, 7 L. D. 461; Nathaniel Banks, 7 L. D. 512; 8 L. D. 532; J. C. Henley, 9 L. D. 178.

154. Land in Alabama 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 Julius P. Knabe, 15 C. L. O. 265. public sale since the passage of said act.

155. Lands in Alabama reported to the land office as valuable for coal prior to the act of March 3, 1883, which provides for offering such lands at public sale, are not subject to homestead entry, although the same may have been covered by homestead entries at the date of the act. In this case, however, the entry made subsequent to the passage of the act may be held suspended, subject to the offering contemplated by the act. David J. Davis, 15 C. L. O. 246.

156. Coal lands are excepted from State grants as mineral by the act of June 1, 1864 (13 Stat. 343). United States v. Mullan, 7 Sawy. 466; 10 Fed. Rep. 785; 118 U. S. 271.

157. School sections in a Territory containing coal are reserved from sale. Com'r to W. S. Foster, 1 C. L. O. 19.

158. Entries of coal land may be made on school sections in the Territories. Henry Wood, 2 L. D. 762