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A. WITHDRAWALS OF PUBLIC LANDS.

1. PURPOSE OF ACT-REPEALING EFFECT.

2. EXISTING LAWFUL ENTRIES EXCEPTED.

3. WITHDRAWALS FOR CLASSIFICATION PURPOSES-COAL, OIL,

AND PHOSPHATE.

4. DISPOSAL OF COAL AND OIL LANDS WITHDRAWN.

5. SURFACE ENTRY PERMITTED OR LANDS WITHDRAWN.

6. LANDS WITHDRAWN NOT SUBJECT TO SCHOOL INDEMNITY

SELECTIONS.

7. NONMINERAL LANDS RESTORED TO PUBLIC DOMAIN.

1. PURPOSE OF ACT-REPEALING EFFECT.

This act, giving the President authority to make temporary withdrawal of lands for definite purposes, was not intended to repeal other acts specifically permitting entry of other classes entirely in harmony with the purposes of any such withdrawal.

Gunn, In re, 39 L. D. 561, p. 563.

See Collins, In re, 39 L. D. 603.

A withdrawal of land under this act does not defeat the right to consideration under the act of June 22, 1910 (36 Stat. 583).

Collins, In re, 39 L. D. 603, p. 604.

2. EXISTING LAWFUL ENTRIES EXCEPTED.

This act provides that there shall be excepted from the force and effect of any withdrawal thereunder lands which are at the date of such withdrawal embraced in any lawful entry made at the date of such withdrawal.

Jenne, In re, 40 L. D. 408, p. 409.

See Covey, In re, 40 L. D. 410.

This act provides for agricultural entry of lands withdrawn thereunder only in cases where at the date of withdrawal a valid settlement had been made and was maintained pursuant to law.

Harrison, In re, 39 L. D. 614, p. 616.

A selection or location made in good faith of lands known as nonmineral at a time when nonmineral entries were allowed on an ex parte showing as to the nonmineral character of the land applied for is the lawful initiation of a claim under this statute and is excepted from its proviso.

Miller, In re, 40 L. D. 33, p. 34.

The provisions relating to discovery and development work are the only ones affording relief or protection to oil claimants who did not have complete and valid locations at the time such oil lands were withdrawn from settlement under this act.

Lowell, In re, 40 L. D. 303, p. 305.

The purpose of the proviso under section 2 of this act was to protect any bona fide occupant or claimant of oil or gas bearing lands who was in diligent prosecution of work leading to discovery of oil or gas as against any withdrawal of such lands, and the proviso has no bearing upon the question of the measure of proof necessary to sustain the allegation of a protest on the ground that the lands are mineral in character as against a nonmineral selection filed before the withdrawal.

Johnson v. Northern Pac. R. Co., 40 L. D. 321, p. 322.

3. WITHDRAWALS FOR CLASSIFICATION PURPOSES-COAL, OIL, AND PHOSPHATE.

This act authorizes the withdrawal of lands for classification, but in so far as it relates to withdrawal of land for classification of land as coal land, it must be construed with the act of March 3, 1909 (35 Stat. 844), and the act of June 22, 1910 (36 Stat. 583), as part of a uniform system for the classification of coal lands and the disposal of surface rights with the reservation of the United States of the right to prospect for, mine, and remove the coal found therein.

Miller, In re, 40 L. D. 33, p. 34.
See Gunn, In re, 39 L. D. 561.

By Executive order of August 24, 1910, certain lands in the Hailey, Idaho, land district were withdrawn from settlement, location, or sale for examination and classification with respect to coal value and subject to all the provisions, limitations, exceptions, and conditions contained in that act and the act of June 22, 1910 (36 Stat. 583).

Woodhouse, In re, 41 L. D. 145, p. 146.

Prior to this act there was no statute expressly authorizing the Secretary of the Interior or the President to make withdrawals of public lands containing oil or petroleum deposits from all forms of location, settlement, selection, sale, or entry under the public land or mining laws of the United States; and the withdrawal order of September 27, 1909, was void, and the validity of an existing petroleum placer mining location was not affected by such order of withdrawal.

United States v. Midwest Oil Co., 206 Fed. 141, p. 143.

Overruled: United States v. Midwest Oil Co., U. S. — (Feb. 23, 1915).

Under this statute the President, by order of July 2, 1910, withdrew from settlement, location, sale, or entry, and reserved for classification, certain petroleum lands in California belonging to the United States.

California, In re, 41 L. D. 592, p. 593.

So long as the presidential order of withdrawal stands as to the oil lands described there can be no preferred school indemnity selections made on the part of the State, as such selections are not among the classes of claims.

California, In re, 41 L. D. 592, p. 594.

The withdrawal as to phosphate reserve created by Executive order of July 2, 1910, is for classification and in aid of legislation as to the disposition of phosphate deposits and is tentative in character, and an applicant is protected where his application was filed before the tract was withdrawn for phosphate reserve, if otherwise valid. Covey, In re, 40 L. D. 410.

4. DISPOSAL OF COAL AND OIL LANDS WITHDRAWN.

Under this act land may be withdrawn and reserved from any disposal for classification and appraisement with respect to coal value.

Hurley, In re, 40 L. D. 591, p. 592.

The second proviso of section 2 is not construed as a recognition, abridgement, or enlargement of any asserted rights or claims initiated upon oil lands after any withdrawal, and where the withdrawal antedated this statute.

Lowell, In re, 40 L. D. 303, p. 305.

This act, known as the withdrawal act, authorizes the President to temporarily withdraw any public lands for classification or other public purposes, and under this act lands may be included in a petroleum withdrawal.

Holmes v. Kinsey, 40 L. D. 557, p. 558.

Where lands withdrawn under this act are found to contain deposits of petroleum, legislation may be enacted permitting entry of the surface and a limited patent as in case of coal lands under the act of June 22, 1910 (36 Stat. 583).

Holmes v. Kinsey, 40 L. D. 557, p. 558.

Lands classified as oil lands and reserved by Executive order ceased to be subject to disposal under the agricultural land laws.

California, In re, 40 L. D. 301, p. 303.
Lowell, In re, 40 L. D. 303, p. 305.
California, In re, 41 L. D. 592, p. 597.

5. SURFACE ENTRY PERMITTED OR LANDS WITHDRAWN.

Under this statute the surface may be entered under nonmineral laws and the coal underneath the surface may be reserved, or the Land Department is authorized to withdraw such lands from nonmineral or agricultural entry, and if it is believed the geological conditions are such that valuable deposits may exist therein, the department can maintain such withdrawal until time and development determine.

United States v. Kostelak, 207 Fed. 447, p. 453.

6. LANDS WITHDRAWN NOT SUBJECT TO SCHOOL INDEMNITY
SELECTIONS.

Lands withdrawn from disposition by presidental order on account of their mineral character are not subject to school indemnity selections, and the Secretary of the Interior has no authority to approve a selection, although the effort to make the selection was initiated prior to the order of withdrawal.

California, In re, 41 L. D. 592, p. 597.

No title is acquired under or by virtue of a school indemnity selection until the same has been duly approved and certified, and a discovery of mineral made prior to such time will defeat the selection.

California, In re, 41 L. D. 592, p. 597.

Kinkade v. California, 39 L. D. 491, p. 494.

7. NONMINERAL LANDS RESTORED TO PUBLIC DOMAIN.

Lands withdrawn under this act and which on subsequent examination prove to be nonmineral in character may be restored to the public domain for disposal. Holmes v. Kinsey, 40 L. D. 557, p. 558.

If it should be satisfactorily established that lands withdrawn by the presidential order of July 2, 1910, were nonoil in character, it would be the duty of the department to call this fact to the attention of the President and recommend a modification of the order of withdrawal so as to eliminate the particular nonoil lands; but without such modification the order of withdrawal must stand as to the entire tracts.

California, In re, 41 L. D. 592, p. 594.

37 STAT. 497, AUGUST 24, 1912.

PUBLIC LANDS WITHDRAWN-AMENDMENT.

AN ACT To amend section 2 of an act to authorize the President of the United States to make withdrawals of public lands in certain cases, approved June 25, 1910. Be it enacted, etc., That section 2 of the act of Congress approved June 25, 1910 (36 Stat. 847), be, and the same hereby is, amended to read as follows:

"SEC. 2. That all lands withdrawn under the provisions of this act shall at all times be open to exploration, discovery, occupation,

and purchase under the mining laws of the United States, so far as the same apply to metalliferous minerals: Provided, That the rights of any person who, at the date of any order of withdrawal heretofore or hereafter made, is a bona fide occupant or claimant of oil or gas bearing lands and who, at such date, is in the diligent prosecution of work leading to the discovery of oil or gas, shall not be affected or impaired by such order so long as such occupant or claimant shall continue in diligent prosecution of said work: Provided further, That this act shall not be construed as a recognition, abridgment, or enlargement of any asserted rights or claims initiated upon any oil or gas bearing lands after any withdrawal of such lands made prior to June 25, 1910: And provided further, That there shall be excepted from the force and effect of any withdrawal made under the provisions of this act all lands which are, on the date of such withdrawal, embraced in any lawful homestead or desert-land entry theretofore made, or upon which any valid settlement has been made and is at said date being maintained and perfected pursuant to law; but the terms of this proviso shall not continue to apply to any particular tract of land unless the entryman or settler shall continue to comply with the law under which the entry or settlement was made: And provided further, That hereafter no forest reserve shall be created, nor shall any additions be made to one heretofore created, within the limits of the States of California, Oregon, Washington, Idaho, Montana, Colorado, or Wyoming, except by act of Congress.

EXECUTIVE ORDER-ALASKA.

Under authority of the act of Congress entitled "An act to authorize the President of the United States to make withdrawals of public lands in certain cases," approved June 25, 1910 (36 Stat. 847), as amended by the act of August 24, 1912 (37 Stat. 497), it is hereby ordered that the Executive order dated March 28, 1911, withdrawing "all tracts of public lands in the District of Alaska upon which hot springs, or other springs, the waters of which possess curative medicinal properties, are located, to the extent of 160 acres surrounding each spring, in rectangular form with side and end lines equidistant, as near as may be, from such spring or group of springs," be revoked so far as it applies to lands within national forests.

THE WHITE HOUSE, 24 January, 1914.

WOODROW WILSON.

PUBLICATIONS ON METHODS OF MINING.

A limited supply of the following publications of the Bureau of Mines is temporarily available for free distribution. Requests for all publications can not be granted, and to insure equitable distribution applicants are requested to limit their selection to publications that may be of especial interest to them. Requests for publications should be addressed to the Director, Bureau of Mines.

BULLETIN 10. The use of permissible explosives, by J. J. Rutledge and Clarence Hall. 1912. 34 pp., 5 pls., 4 figs.

BULLETIN 17. A primer on explosives for coal miners, by C. E. Munroe and Clarence Hall. 61 pp., 10 pls., 12 figs. Reprint of United States Geological Survey Bulletin 423.

BULLETIN 42. The sampling and examination of mine gases and natural gas, by G. A. Burrell and F. M. Seibert. 1913. 116 pp., 2 pls., 23 figs.

BULLETIN 45. Sand available for filling mine workings in the Northern Anthracite Coal Basin of Pennsylvania, by N. H. Darton. 1913. 33 pp., 8 pls., 5 figs.

BULLETIN 46. An investigation of explosion-proof mine motors, by H. H. Clark. 1912. 44 pp., 6 pls., 14 figs.

BULLETIN 48. The selection of explosives used in engineering and mining operations, by Clarence Hall and S. P. Howell. 1913. 50 pp., 3 pls., 7 figs.

BULLETIN 52. Ignition of mine gases by the filaments of incandescent electric lamps, by H. H. Clark and L. C. Ilsley. 1913. 31 pp., 6 pls., 2 figs. BULLETIN 60. Hydraulic mine filling, its use in the Pennsylvania anthracite fields, a preliminary report, by Charles Enzian. 1913. 77 pp., 3 pls., 12 figs.

BULLETIN 62. National mine-rescue and first-aid conference, Pittsburgh, Pa., September 23-26, 1912, by H. M. Wilson. 1913. 74 pp.

BULLETIN 68. Electric switches for use in gaseous mines, by H. H. Clark and R. W. Crocker. 1913. 40 pp., 6 pls.

TECHNICAL PAPER 11. The use of mice and birds for detecting carbon monoxide after mine fires and explosions, by G. A. Burrell. 1912. 15 pp.

TECHNICAL PAPER 13. Gas analysis as an aid in fighting mine fires, by G. A. Burrell and F. M. Seibert. 1912. 16 pp., 1 fig.

TECHNICAL PAPER 14. Apparatus for gas-analysis laboratories at coal mines, by G. A. Burrell and F. M. Seibert. 1913. 24 pp., 7 figs.

TECHNICAL PAPER 17. The effect of stemming on the efficiency of explosives, by W. O: Snelling and Clarence Hall. 1912. 20 pp., 11 figs.

TECHNICAL PAPER 18. Magazines and thaw houses for explosives, by Clarence Hall and S. P. Howell. 1912. 34 pp., 1 pl., 5 figs.

TECHNICAL PAPER 19. The factor of safety in mine electrical installations, by H. H. Clark. 1912. 14 pp.

TECHNICAL PAPER 21. The prevention of mine explosions, report and recommendations, by Victor Watteyne, Carl Meissner, and Arthur Desborough. 12 pp. Reprint of United States Geological Survey Bulletin 369.

BULLETIN 90. Abstracts of current decisions on mines and mining, December, 1913, to September, 1914, by J. W. Thompson. 1915. 176 pp.

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