location by different parties, after the removal of the reservation, to interfere with the old location then renewed and with a proper record. Besides the plaintiff had not, within the requisite time after the land became open to location, complied with the laws of Colorado as to the contents and record of the location certificate. Collins v. Bubb, 73 Fed. 735 (1896), C. C. E. D. Wash. The act of July 1, 1892, opening a part of the Colville reservation, annulled the executive order creating the reservation as to said tract, and restored the same to the public domain, subject only to the rights of the Indians to make selections of lands to be allotted to them in severalty. Lands valuable for the minerals they contained were not subject to this selection, and citizens might go upon the tract, prospect for minerals, and locate mining claims without further authorization or permission by executive proclamation. French v. Lancaster, 2, 346 (1880). No title to mining Dakota. ground could be acquired by acts of location and appropriation prior to Feb. 28, 1877, and while the great Sioux Indian reservation covered the ground in question. A stipulation by the parties to try the case without regard to the reservation, and upon the theory that such reservation did not affect the question between them, was of no effect and was disregarded. The treaty under which the reservation existed prohibits the settlement upon any land contained therein. Golden Terra Mining Co. v. Smith, 2, 377 (1881); French v. Lancaster and Uhlig v. Garrison followed. Lawrence County was included in the Sioux Indian reservation, and before Feb. 28, 1877, no title to lands or mines therein could be acquired or transferred. The District Court having found as facts that the defendants, in an action to quiet title and for an injunction, were upon that day in exclusive possession of such mining grounds with the requisite vein therein, and that they thereafter performed every act necessary to constitute and maintain a valid location, the plaintiff could not recover any portion thereof by virtue of an attempted prior location made Feb. 28, 1877. Caledonia G. M. Co. v. Noonan, 3, 189 (1882), affirmed in Noonan v. Caledonia G. M. Co., 121 U. S. 393 (1887). The right of possession to a quartz mining claim depends, after the discovery of a vein within the limits of a claim, upon the performance of certain acts of location, and continuing compliance with the laws of Congress, and with the local laws, rules and regulations not inconsistent with the laws of Congress. Such acts performed while the inhibition of the treaty with the Indians remained in force were of no avail, but a party in possession on Feb. 28, 1877, with the requisite discovery, with the surface boundaries sufficiently marked, with the notice of location posted, and with a disclosed vein of ore, could, by manifesting his adoption of these facts and subsequently causing a proper record to be made, and performing the amount of labor or making the improvements necessary to hold the claim, date his right from that day; and such location and subsequent labor and improvements would give him the right to the possession from that day thereafter. LAND OFFICE DECISIONS. Minerals in Indian Territory are reserved by the United States. The Land Office has no control over them. Copp, 119 (1873). Mineral lands cannot be entered with Sioux half-breed scrip under the act of July 17, 1854. Nerce Valle, Copp, 187 (1876). Mining upon the Crow Indian reservation is illegal, and a claim lying within it, though mined for several years, cannot be surveyed and patented. Copp, 236 (1879). Land legally reserved and withdrawn from sale, and set apart as an Indian reservation, may not be purchased as coal land. John Campbell, 6 L. D. 317 (1887).1 1 As to mineral lands in military reservations, see Attorney-General's opinion, 1 L. D. 552 (1881); the location of private land grants upon mineral lands, Copp, 181 (1875); Baca Float, 12 L. D. 676 (1891). A timber entry under the act of June 3, 1878, is not permissible, if the land contains mining improvements made and maintained by another in good faith. Kneeland v. Norton, 10 L. D. 271 (1890). CHAPTER XVII. SPECIAL STATUTORY PROVISIONS FOR THE SALE OF PUBLIC LANDS CONTAINING PARTICULAR MINERALS. THE laws and regulations by which the title to the general mineral lands of the United States may be acquired by private persons are not applicable to lands chiefly valuable for deposits of coal. A distinct system has been devised by which such lands may be purchased from the government and held by private persons and associations. This is provided by Rev. Stats. 2347-2352, and by the Rules and Regulations issued by the Commissioner of the General Land Office in accordance with the authority contained in Rev. Stats. 2351. These are contained in the circular of July 31, 1882, and being a clear and authoritative exposition of the system, are here inserted. "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. "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 twenty-one 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 may enter by legal subdivisions as aforesaid any area not exceeding 160 acres. "7. Any association may enter not to exceed 320 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 640 acres, including such mining improvements. "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 Oct. 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 party showing personal knowledge of the facts. "14. Where the land lies partly within fifteen miles of such road and in part outside such limit, the maximum price must be paid for all legal subdivisions, the greater part of which lie within fifteen miles of such road. "15. The term 'completed railroad is held to mean one which is actually constructed on the face of the earth; and lands within fifteen miles of any point of a railroad so constructed will be held and disposed of at $20 per acre. "16. Any duly qualified person or association must be preferred as purchasers of those public lands on which they have opened and improved, or shall open and improve, any coal mine or mines, and which they shall have in actual possession. "17. Possession by agent is recognized as the possession of the principal. The clearest proof on the point of agency must, however, be required in every case, and a clearly-defined possession must be established. "18. The opening and improving of a coal mine, in order to confer a preference right of purchase, must not be considered as a mere matter of form; the labor expended and improvements made must be such as to clearly indicate the good faith of the claimant. "19. These lands are intended to be sold, where there are adverse claimants therefor, to the party who, by substantial improvements, actual possession, and a reasonable industry, shows an intention to continue his development of the mines in preference to those who would purchase for speculative purposes only. With this view, you will require such proof of compliance with the law, when lands are applied for under section 2348 by adverse claimants, as the circumstances of each case may justify. "20. In conflicts, where improvements have been or shall hereafter be commenced, priority of possession and improvement shall govern the award when the law has been fully complied with by each party. A mere possession, however, without satisfactory improvements, will not secure the tract to the first occupant when a subsequent claimant shows his full compliance with the law. "21. After an entry has been allowed to one party, you will make no investigation concerning it at the instance of any person |