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37 STAT. 417, p. 456, AUGUST 24, 1910.

MINERAL LANDS-SURVEY. AN ACT Making appropriations for sundry civil expenses of the Government for

the fiscal year ending June 13, 1913. Be it enacted, etc., That the following sums be, and the same are hereby, appropriated, for the objects hereinafter expressed, for the fiscal year ending June 30, 1913:

For continuation of the investigation of the mineral resources of Alaska, $90,000; * * *

PROCLAMATIONS BY THE PRESIDENT.

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Sec. 234. Whereas, it appears that the public good would be promoted by excluding certain lands from the Alexander Archipelago National Forest, in the Territory of Alaska, established by proclamation issued August 20, 1902;

* Excepting from the force and effect of this proclamation all lands which are at this date embraced in any legal entry or covered by any lawful filing or selection duly of record in the proper United States land office, or upon which any valid settlement has been made pursuant to law, if the statutory period within which to make entry or filing of record has not expired; and also excepting all lands which at this date are embraced within any withdrawal or reservation for any use or purpose with which this reservation for forest uses is inconsistent: Provided, That these exceptions shall not continue to apply to any particular tract of land unless the entryman, settler, or claimant continues to comply with the law under which the entry, filing, or settlement was made, or unless the reservation or withdrawal with which this reservation is inconsistent continues in force, not excepting from the force and effect of this proclamation, however, any part of the aforesaid national forest which may have been withdrawn to protect the coal therein, but this proclamation does not vacate any such coal land withdrawal: And provided, That these exceptions shall not apply to any land embraced in any selection, entry, or filing, which may have been permitted to remain of record subject to the creation of a permanent reservation. (July 20, 1907, 35 Stat. 2148.)

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SEC. 235. Whereas, the public lands in the Territory of Alaska, which are hereinafter indicated, are in part covered with timber, and it appears that the public good would be promoted by utilizing said lands as a national forest;

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And further excepting from the force and effect of this proclamation all lands which are at this date embraced in any legal entry or covered by any lawful filing or selection duly of record in the proper United States land office, or upon which any valid settlement has been made pursuant to law, if the statutory period within which to make entry or filing of record has not expired; and also excepting all lands which at this date are embraced within any withdrawal

or reservation for any use or purpose with which this reservation for forest uses is inconsistent: Provided, That these exceptions shall not continue to apply to any particular tract of land unless the entryman, settler, or claimant continues to comply with the law under which the entry, filing, or settlement was made, or unless the reservation or withdrawal with which this reservation is inconsistent continues in force; not excepting from the force and effect of this proclamation, however, any part of the national forest hereby established which may have been withdrawn to protect the coal therein, but this proclamation does not vacate any such coal land withdrawal: And Provided, That these exceptions shall not apply to any land embraced in any selection, entry, or filing, which may have been permitted to remain of record subject to the creation of a permanent reservation. (July 23, 1907, 35 Stat. 2149.)

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Sec. 236. Whereas, the public lands in the Territory of Alaska, which are hereinafter indicated, are in part covered with timber, and it appears that the public good would be promoted by utilizing said lands as a national forest;

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Excepting from the force and effect of this proclamation all lands which are at this date embraced in any legal entry or covered by any lawful filing or selection duly of record in the proper United States land office, or upon which any valid settlement has been made pursuant to law, if the statutory period within which to make entry or filing of record has not expired; and also excepting all lands which at this date are embraced within any withdrawal or reservation for any use or purpose with which this reservation for forest uses is inconsistent: Provided, That these exceptions shall not continue to apply to any particular tract of land unless the entryman, settler, or claimant continues to comply with the law under which the entry, filing, or settlement was made, or unless the reservation or withdrawal with which this reservation is inconsistent continues in force; not excepting from the force and effect of this proclamation, however, any part of the national forest hereby established which may have been withdrawn to protect the coal therein, but this proclamation does not vacate any such coal land withdrawal: And provided, That these exceptions shall not apply to any land embraced in any selection, entry, or filing, which may have been permitted to remain of record subject to the creation of a permanent reservation. (Sept. 10, 1907, 35 Stat. 2152.)

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SEC. 237. Whereas, it appears that the public good would be promoted by excluding certain lands from the Chugach National Forest

, in the Territory of Alaska, established by proclamation issued July 23, 1907.

And further excepting from the force and effect of this proclamation all lands which are at this date embraced in any legal entry or covered by any lawful filing or selection duly of record in the proper United States land office, or upon which any valid settle

ment has been made pursuant to law, if the statutory period within which to make entry or filing of record has not expired; and also excepting all lands which at this date are embraced within any withdrawal or reservation for any use or purpose with which this reservation for forest uses is inconsistent: Provided, That these exceptions shall not continue to apply to any particular tract of land unless the entryman, settler, or claimant continues to comply with the law under which the entry, filing, or settlement was made, or unless the reservation or withdrawal with which this reservation is inconsistent continues in force; not excepting from the force and effect of this proclamation, however, any part of the aforesaid national forest which may have been withdrawn to protect the coal therein, but this proclamation does not vacate any such coal land withdrawal: And provided, That these exceptions shall not apply to any land embraced in any selection, entry, or filing, which may have been permitted to remain of record subject to the creation of a permanent reservation. (Sept. 18, 1907, 35 Stat. 2153.)

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BANKRUPTCY.

30 STAT, 544, p. 547, JULY 1, 1898.

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BANKRUPTS.
AN ACT To establish a uniform system of bankruptcy.
Be it enacted, etc.
SEC. 4. WHO MAY BECOME BANKRUPTS.- (a) *.

(b) Any natural person, except a wage earner or a person engaged chiefly in farming or the tillage of the soil, any unincorporated company, and any corporation engaged principally in manufacturing, trading, printing, publishing, or mercantile pursuit, owing debts to the amount of one thousand dollars or over, may be adjudged an involuntary bankrupt upon default or an impartial trial.

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A. MINING CORPORATIONS-BANKRUPTCY. A corporation organized for the purpose of manufacturing building stone, ornamental stone, paving stone, monuments, and other forms of manufactured stone from granite and other kinds of stone, and for that purpose quarrying, cutting, dressing, carving, and otherwise fashioning granite and other kinds of stone, is chiefly engaged in mining and manufacturing within the meaning of this amended section and is subject to involuntary bankruptcy proceedings.

Quincy Granite Quarries Co., In re, 147 Fed. 279.

32 STAT. 797, FEBRUARY 5, 1903.

BANKRUPT LAW-MINING COMPANIES. AN ACT To amend an act entitled “An act to establish a uniform system of bank

ruptcy throughout the United States," approved July 1, 1898. Be it enacted, etc.

SEC. 3. That subdivision b of section 4 of said act be, and the same is hereby, amended so as to read as follows:

“b. Any natural person, except a wage earner, or a person engaged chiefly in farming or the tillage of the soil, any unincorporated company, and any corporation engaged principally in manufacturing, trading, printing, publishing, mining, or mercantile pursuits, owing debts to the amount of one thousand dollars or over, may be adjudged an involuntary bankrupt upon default or impartial trial

, and shall be subject to the provisions and entitled to the benefits of this act."

A. BANKRUPT ACT.

1. APPLICATION TO MINING COMPANIES.
2. “MINING”–MEANING AS USED IN THIS ACT.
3. MINING AND QUARRYING-DISTINCTION.
4. MINING-WORKINGS ABOVE AND BELOW GROUND.
5. ACTS OF BANKRUPTCY.

1. APPLICATION TO MINING COMPANIES.

A mining company organized for operating a mine and getting precious metals from it can not be said to be engaged in any species of trading and is not a corporation which engages in the general business of buying and selling goods within the meaning of section 4 of the bankruptcy act.

Elk Park Min., etc., Co., In re, 101 Fed. 422.
Rollins Gold & Silver Min. Co., In re, 102 Fed. 982.
Chicago-Joplin Lead & Zinc Co., In re, 104 Fed. 67.
Woodside Coal Co., In re, 105 Fed. 56.
Keystone Coal Co., In re, 109 Fed. 872.
See Quincy Granite Quarries Co., In re, 147 Fed. 279.

The fact that a mining corporation buys or sells ore in connection with its business of mining is not sufficient to bring it within section 4 of the bankruptcy act.

Chicago-Joplin Lead & Zinc Co., In re, 104 Fed. 67.

2.

MINING

-MEANING AS USED IN THIS ACT.

The word “mining" in this statute is not to be understood in the strict sense, but is intended to include quarrying or surface operations and such operations are properly included in mining.

Matthews Consol. Slate Co., In re, 144 Fed. 724, p. 735.
Burdick v. Dillon, 144 Fed. 737.
See Midland Railway v. Robinson, 15 App. Cas. (D. C.) 19.

3. MINING AND QUARRYING-DISTINCTION.

For the purpose of this act distinctions between the classes of mines and methods of working are immaterial and an attempt to distinguish between mining and quarrying would lead to no useful result as to the construction of the statute.

Burdick v. Dillon, 144 Fed. 737, p. 741.

A corporation engaged in quarrying and preparing slate for commercial use is engaged both in mining and manufacturing and comes within this section of the bankruptcy act.

Matthews Consol. Slate Co., In re, 144 Fed. 724, p. 736.

4. MINING-WORKINGS ABOVE AND BELOW GROUND.

The word “mining'' includes placer mines in which the workings are open, and hence the question whether an enterprise is mining or not can not be determined by an inquiry as to whether the workings are open or underground.

Burdick v. Dillon, 144 Fed. 737, p. 741.

5. ACTS OF BANKRUPTCY. A resolution adopted by the board of directors of a mining corporation admitting its inability to pay its debts and its willingness to be adjudged a bankrupt is not an act of bankruptcy within the meaning of the bankrupt law unless such authority is expressly conferred by the stockholders upon the board of directors for such purpose.

Quartz Gold Min. Co., In re, 157 Fed. 243, p. 245.
Cresson & Clearfield Coal Co. v. Stauffer, 148 Fed 981.

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