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coal lands under the act approved March 3, 1873, entitled "An act to provide for the sale of the lands of the United States containing coal," either as an individual or as a member of an association. While the act of March 3, 1873, limits each individual to one entry, and prohibits the holding of any other coal lands by one who has in any manner participated in the one entry allowed, it is not provided that the tract or tracts entered shall be in compact form, the only restriction being that of quantity, bounded by legal lines of subdivision.

In accordance with your request, I return the declaratory statement of the Wyoming Coal and Mining Company, with amendments made. Very respectfully, your obedient servant,

WILLIS DRUMMOND, Commissioner.

No. 537.

JOHN YOAKUM.

Claims under the donation act of September 27, 1850, will be patented upon compliance with the requirements of the statute, although coal may have been discovered upon the tracts embraced therein.

DEPARTMENT OF THE INTERIOR,

GENERAL LAND OFFICE, Washington, D. C., March 28, 1874.

JOHN YOAKUM, Esq., Empire City, Oregon.

SIR-In reply to your letter of the 20th November last, I have to state that the act of 27th September, 1850, making donations to settlers in Oregon, expressly provides that "no mineral lands shall be located or granted under the provisions of this act."

In your letter you state that the land embraced by your claim is now "claimed as coal land." The first act of Congress regulating the disposal of coal lands was that of July 1, 1864. Previous to that time land containing coal was not held to be excluded from sale under the acts of Congress regulating the disposal of agricultural lands, and parties whose rights were initiated under said act of 27th September, 1850, will be permitted to receive patents for their claims upon full compliance with the law and instructions, although coal may have been discovered upon the tracts claimed by them.

Very respectfully,

WILLIS DRUMMOND, Commissioner.

No. 538.

ALMA ELDRIDGE.

Coal land cannot be included in a town-site entry. Hearings may be had to determine the character of land in conflict.

DEPARTMENT OF THE INTERIOR,

GENERAL LAND OFFICE, Washington, D. C., April 21, 1874.

ALMA ELDRIDGE, Esq., Coalville, Utah.

SIR-In reply to your letter of the 1st instant, I have to state that the town-site acts provide, among other things, that no title "shall be acquired to any valid mining claim or possession held under the existing laws of Congress" by virtue of the provisions of said town-site Where land has been returned as "coal land" by the surveyor

acts.

general, it cannot be entered as a town-site until a hearing has been held to determine the character of the land, viz: whether it is mineral or agricultural in character. The coal-land law provides for the sale of land by legal subdivisions only, and hence it will be necessary to present evidence in regard to each forty-acre tract in controversy. enclose herewith circular instructions from this Office showing the manner in which hearings must be held to determine the true character of lands. [May 6, 1871; March 20, 1872, and June 10, 1872.] Very respectfully,

W. W. CURTIS, Acting Commissioner.

No. 539.

M. H. DUNNELL.

Parties owning coal mines have no authority under the law for following their veins or coal beds under the land adjoining. DEPARTMENT OF THE INTERIOR,

GENERAL LAND OFFICE, Washington, D. C., May 25, 1874.

HON. M. H. DUNNELL, House of Representatives.

SIR: In reply to the letter from E. D. Rogers, dated Freeborn, Minn., April 27, 1874, referred by you to this Office, I have to state that parties owning coal mines have no authority under the law to follow their vein or coal bed under the land adjoining. The right to follow the vein, although it may enter the land adjoining, is only authorized by law in cases of veins or lodes bearing the precious metals. Where land is known to contain valuable deposits of coal, it cannot be entered under the pre-emption or homestead acts.

Very respectfully, your obedient servant,

W. W. CURTIS, Acting Commissioner.

No. 540.

W. S. FOSTER.

School sections of Wyoming Territory containing coal are reserved from sale, except where, after March 3, 1873, parties are found in actual occupancy thereof at date of survey.

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W. S. FOSTER, Esq., Rock Springs, Wyoming Territory.

SIR-I am in receipt of your letter of April 6, 1873, wherein inquiry is made as to "how the new coal law affects school sections." Your question is understood to be whether the sections designated sixteen and thirty-six in each township within the limits of Wyoming Territory, which are found to contain valuable deposits of coal, are reserved for school purposes, or can be sold as other coal lands, under the act of March 3, 1873.

Section 14 of the act approved July 25, 1868, providing for a temporary government for the Territory of Wyoming, makes no exception in reserving sections sixteen and thirty-six for school purposes in each township, and this Office is therefore without authority of law for disposing of school sections within Wyoming Territory, except in

cases where, after the passage of the act of March 3, 1873, the parties are found in actual occupancy of the lands at the date of survey. Very respectfully,

WILLIS DRUMMOND, Commissioner.

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Application to enter a School Section in California, under the Coal Act,

Received.

DEPARTMENT OF THE INTERIOR,

GENERAL LAND-OFFICE,

Washington, D. C., Nov. 3, 1874.

REGISTER AND RECEIVER, Shasta, California.

GENTLEMEN:-With your letter of August 14, last, you transmitted the application of James P. Hogden and Cyrus T. Wheeler to enter under the provisions of the act of March 3, 1873, entitled "An act to provide for the sale of the lands of the United States containing coal," the S. of section 16 in T. 33 N., R. 1 W., M. D. M.

This application should have been sworn to by the applicants. Upon the back of this application you made the following endorsement, viz:

"Presented Aug. 14, 1874.

AARON BELL, Register.

"The sale of the land described in the within application is refused on the grounds that said land was granted to the State of California for school purposes by 6th section of act of Congress approved March 3, 1853. AARON BELL, Register."

From this decision an appeal has been taken to this Office, and the question is presented whether lands which are found upon survey to be designated as section sixteen or thirty-six pass to the State of California under the act of March 3, 1853, entitled "An act to provide for the survey of the public lands in California, the granting of pre-emption rights therein, and for other purposes," where the same contain valuable deposits of coal.

On the 23d April, 1873, the Hon. Sec. of the Interior, in case of the Keystone Consolidated Mining Company et al. v. the State of California, decided "That no mineral lands were granted by the act of 1853. It is true that the mining companies referred to in the Hon. Secretary's decision, above referred to, were claimants under the act of Congress, approved July 26, 1866, but the views therein expressed equally apply to claimants under the coal land law of March 3, 1873.

That lands containing valuable deposits of coal have been considered. and treated as mineral lands is evident from the text of the act of July 1, 1864, entitled, "An act for the disposal of coal lands and of town property in the public domain," viz.: "That where any tracts embracing coal beds or coal fields, constituting portions of the public domain, and which as mines are excluded from the pre-emption act of eighteen hundred and forty-one, and which under past legislation are not liable to ordinary private entry," &c.

Your decision is, therefore, reversed, and you will allow said appli

cants to file upon and make entry of said tracts, upon full compliance with the law and instructions, should no appeal be taken from this decision within sixty days from the date of your notification to all parties in interest.

I return herewith said application, and enclose a copy of said decision of April 28, 1873. You will inform all parties in interest, and acknowledge the receipt hereof.

Very respectfully,

S. S. BURDETT, Commissioner.

Affirmed by the Secretary on appeal May 7, 1875.

No. 543.

TITLE IX.-TOWN SITES.

INSTRUCTIONS.

DEPARTMENT OF THE INTERIOR,
GENERAL LAND-OFFICE,

October 20, 1865.

TO REGISTERS AND RECEIVERS, UNITED STATES LAND OFFICES. Referring to the Circulars from this Office, bearing date August 20, 1864, and April 26, 1865, in relation to the act of Congress approved July 1, 1864, and the amendatory law of March 3, 1865, relating to "coal land and town property" on the public domain, I now herewith append for your information and government in the matter therein specified the ruling for the Hon. James Harlan, Secretary of the Interior, under date of October 16, 1865:

"In accordance with the authority vested in me by the acts of Congress approved July 1, 1864, and March 3, 1865, I hereby prescribe the following regulations for the disposal of coal lands and town property in the public domain:

"The minimum price of each lot in a town surveyed before the above-named act of July 1, 1864, took effect, containing over 4,200 square feet and not more than 8,400 square feet, shall be fifteen dollars; of each lot containg over 8,400 square feet and not more than 12,600 square feet, the minimum price shall be eighteen dollars; of each lot containing over 12,600 square feet and not more than 16,800 square feet, the minimum price shall be twenty dollars; and for larger lots the price shall be increased two dollars for every additional 4,200 square feet.

"In the case of out-lots in any such village, town or city, the minimum price of such out-lots shall be ten dollars; of such out-lots containing more than one acre, the minimum price shall be ten dollars for the first acre, and five dollars for each additional acre in such lot."

J. M. EDMUNDS, Commissioner. [For copies of the acts of 1864 and 1865, and the instructions thereunder, see Coal Lands, Title VIII. Nos. 532, 533.]

No. 544.

CIRCULAR.

[Reissued April 1, 1871.]

DEPARTMENT OF THE INTERIOR,
GENERAL LAND OFFICE,
September 21, 1868.

GENTLEMEN:-The act of Congress, hereto appended, approved

March 2, 1867-Statutes, vol. 14, page 541—

1st. Grants to the inhabitants of cities and towns on the public lands

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