has been lost or destroyed to justify the
land department in allowing an application
for additional entry based upon said right. 246
Where entry under a certificate of sol-
diers' additional homestead right, issued
under section 2306, Revised Statutes, was
commuted under section 2301, Revised
Statutes, prior to the act of June 5, 1900,
the claimant under said certificate is enti-
tled, under the provisions of said act, to a
recertification of said right, which he may
again locate as though the former entry
thereunder had not been made............

The privilege of purchase accorded by
the second section of the act of June 15,
1880, and the title obtained thereunder, rest
upon and have their inception in the origi-
nal homestead entry, which is merged in
the higher and perfected title obtained by
compliance with tho provisions of said sec-
tion, and by a purchase thereunder of land
entered under a soldier's certificate of addi-
tional right, the original entry is merged in
the perfected title received under said act,
the certificate of right is thereby satisfied
and the certified right of the soldier ex-
hausted....

If a soldier fails to exercise his additional
homestead right under section 2306 of the
Revised Statutes during his lifetime, and
leaves no widow or minor children surviv-
ing him, said right remains an asset of his
estate, subject to the control and disposi-
tion of his heirs at law; and a sale and
assignment of the right by such heirs can
in no wise be affected by the action of an
administrator of the soldier's estate subse-
quently appointed...

The widow of a deceased soldier who
made entry in her own right for less that
one hundred and sixty acres prior to the
adoption of the Revised Statutes is entitled
to an additional right of entry.

The right of additional entry granted to
the widow of a deceased soldier by section
2307 of the Revised Statutes, if not exercised
by her during her widowhood, is lost by
her remarriage

The widow or minor orphan children of
a deceased soldier or sailor, making home-
stead entry under section 2307 of the Re-
vised Statutes, must comply with the
requirements of the homestead laws as to
residence and cultivation to the same extent
as a soldier or sailor making entry under
section 2304..

The right to make entry under section
2307 is not transferable, and any contract
entered into either before or after entry,
which contemplates the sale thereof, is in
violation of law

Directions given that all persons having
uncompleted homestead entries made
under section 2307 be immediately notified,
by registered letter to the last known
address of the party making the entry, as
shown by the records of the local office,

586

348

295

14

14

331

332

that if they desire to retain such entries
they will be required to begin actual resi-
dence upon the land within six months
from the issuance of such notice, or, if they
so elect, they will be permitted to relin-
quish their entries without prejudice to
their homestead rights, by giving notice of
such election within the same time......

Directions given for the preparation of
circular instructions regulating the appli-
cation of the rule of approximation in the
matter of additional homestead entries
made under sections 2306 and 2307 of the
Revised Statutes.....

Circular of August 7, 1903, relative to ap-
plication of rule of approximation to sol-
diers' additional entries

One application of the rule of approxima-
tion is allowed to each original right of
soldiers' additional homestead entry, and
where the right is divided, the rule may be
applied only in the location of one portion
thereof

332

203

206

644

A bona fide assignee of a soldier's addi-
tional right of homestead entry may law-
fully assign the right in amounts differing
from the quantity of land in legal subdivi-
sions according to the public surveys .................. 203

The assignee of a soldier's additional
right of entry may locate the same without
reference to the quantity of land he may
own or claim under any of the public land
laws

One entitled to make additional home-
stead entry under section 2306, Revised
Statutes, may sell and assign his right in
such amounts as he deems proper, and
each assignee of a fractional portion of such
right is entitled to locate the same upon
public land, regardless of the number of
assignments made by the original owner
or the amount of the right still retained by
him

Land occupied as a townsite, whether ap-
plication to enter the same has been made
on behalf of the occupants or not, is not
subject to entry under section 2306 of the
Revised Statutes...

Members of the Missouri Home Guard
are not entitled to the soldiers' additional
homestead right conferred by section 2306 of
the Revised Statutes, by reason of service
performed in said organization

Indemnity.

See Railroad Grant; School Land.

Indian Lands.

418

644

374

44

Proclamation of May 13, 1904, under act
of April 23, 1904, opening to entry lands in
Rosebud reservation
622

Circular of May 23, 1904, under act of
April 23, 1901, relative to opening lands in
Rosebud reservation

Circular of May 23, 1904, defining persons
not qualified to make homestead entry of
Rosebud reservation lands
............... 629

Circular of October 9, 1903, defining what
persons are not qualified to make home-
stead entry in the ceded Chippewa lands.. 281
Circular of October 26, 1887, relating to
land in possession of Indian occupants,
reapproved for reprinting in leaflet form,
December 30, 1903 ..

Circular of May 24, 1904, under act of
March 30, 1904, authorizing State of South
Dakota to select school and indemnity
lands in ceded portion of Great Sioux res-
ervation

Instructions relative to Indian allotments
made under section 4 of the act of February
8, 1887, as amended by the act of February
28, 1891

Lands formerly a part of the Mille Lac
Indian reservation, and subject to disposal
under the joint resolution of May 27, 1898,
to qualified settlers only, are not subject to
location with Sioux half-breed scrip.....

Lands in the State of Oregon reserved
under the treaty concluded October 14,
1864, with the Klamath and other tribes of
Indians, were reserved in pursuance of a
law enacted prior to the swamp land grant
of May 12, 1860, to said State, and for that
reason are excepted from the operation of
said grant

Provision having been made by the act
of August 15, 1894, for the disposition of the
ceded Nez Perce lands under the mining,
townsite, and homestead laws only, said
lands are not subject to selection under the
exchange provisions of the act of June 4,
1897..

The declaration by Congress, in the acts
of June 5, 1872, and February 11, 1874, that
the lands in the Bitter Root Valley above
Lolo Fork should be disposed of only by
sale to actual settlers or by homestead entry,
did not take them out of the category of
"public lands" so as to prevent the land
department from withdrawing said lands
for forestry purposes prior to their disposal
under said acts..

The acts of June 5, 1872, and February 11,
1874, which are the only authority for the
disposal of the lands in the fifteen town-
ships in the Bitter Root Valley opened to set-
tlement by the act of June 5, 1872, specifie-
ally provide for their disposal to actual set-
tlers only; hence such lands are not subject
to entry under the timber and stone act; and
an entry thereof allowed under said act,
being without authority of law, and there-
fore illegal in its inception, is not subject to

382

656

17

150

664

374

468

the confirmatory operation of the proviso
to section 7 of the act of March 3, 1891..... 280
Lands in the Bitter Root Valley above
Lolo Fork, opened to settlement by the act
of June 5, 1872, are not subject to disposal
under the timber and stone act; but where
such lands have been sold under the latter
act, and patents have issued therefor, no
rights will be recognized as initiated against
such lands by an application to purchase the
same under the act of June 5, 1872, while the
patents therefor are outstanding.

Lands in the Chippewa reservation in the
State of Minnesota opened to settlement and
entry by the act of January 14, 1889, are sub-
ject to homestead entry and commutation
under the act of June 3, 1896..

Circular of September 17, 1897, 25 L. D.,
258, in so far as it prohibits the commuta-
tion of entries under the act of June 3, 1896,
upon Chippewa lands, overruled..

The provisions of the act of May 27, 1902,
authorizing the sale and conveyance of in-
herited Indian lands by the heirs of a de-
ceased allottee, apply to the heirs of all In-
dian claimants for portions of the public
lands, to whom a trust or other patent con-
taining restrictions upon alienation has
been issued, whether the claim was ini-
tiated under what are known as Indian
homestead laws or under Indian allotment
laws

Section 5 of the act of June 27, 1902, appro-
priating a portion of the ceded Chippewa
lands in Minnesota to be selected and set
apart as a reservation for experimental for-
estry purposes, was not repealed by the act
of February 9, 1903, relating to townsites;
and when said lands had been selected and
segregated by the land department, in ac-
cordance with said section, they were ex-
cluded from any other appropriation, by
townsite entry, or otherwise..

492

3

3

657

319

Promulgation of an order of withdrawal of
lands for the purpose of carrying into effect
the provisions of section five of the act of
June 27, 1902, is not essential, since said
lands were never opened to settlement or
entry; but where prior to final action under
said act, in the absence of such promulga-
tion and in ignorance of the order of with-
drawal, a townsite settlement was in good
faith made upon lands included therein,
under the act of February 9, 1903, the land
department may modify the order of with-
drawal and exclude therefrom the lands
embraced in the townsite application...... 319
There is no general authority for the issu-
ance of patent to Indian allottees, and in
the absence of an express requirement in
the agreement of July 7, 1883, between the
United States and the Indians of the Colum-
bia and Colville reservations, and in the act
of July 4, 1884, ratifying and confirming the
same, that patents shall issue for the lands
allotted thereunder, the land department is

Where a settler, by his settlement and
residence upon and improvement of a tract
of land, has "regularly initiated" a claim
thereto with the intention of entering the
same under the homestead law, and be-
comes insane before the expiration of the
time during which his residence, cultiva-
tion and improvement are required by law
to be continued in order to entitle him to
make proper proof and perfect his claim,
the person legally authorized to act for him
may, under the provisions of the act of June
8, 1880, make the required proofs and per-
fect the claim for the benefit of the settler. 522

Page.
chiefly valuable for mineral at the time
when the State's right would attach, if
at all....

A mineral return by the surveyor-gen-
eral does not have the effect to establish
the character of lands as chiefly valuable
for mineral, and can not of itself operate
to take lands out of the grant to the State,
as mineral lands; this can only be done by
proof clearly showing that the lands were,
at the time when the right of the State
would have attached, known to contain
valuable deposits of mineral, and to be
chiefly valuable on account of such de-
posits...

Publication of notice of a hearing or-
dered on a protest against the mineral
classification of land under the act of Feb-
ruary 26, 1895, must be made in a news-
paper published nearest the land; and the
register is clothed with discretionary power
to designate the newspaper in which the
publication shall be made, but this power
is subject to review by the Commissioner of
the General Land Office and the Secretary
of the Interior, and when found to have
been abused by the designation of a news-
paper not published nearest the land a
hearing had in pursuance of such notice
will be set aside

Mining Claim.
GENERALLY.

Circular of mining laws and regulations
approved July 26, 1901, reapproved for re-
printing in pamphlet form, December 18,
1903....

A patent issued under the general town-
site laws, for lands embraced in an unin-
corporated townsite, is inoperative to con-
vey title to any lands known to be valuable
for minerals at the date of the townsite en-
try, or to any valid mining claim or posses-
sion held under the mining laws at the date
of such entry..

117

117

611

367

211

The interest of a co-owner in a mining
claim, which may be acquired under the
forfeiture provision of section 2324, Revised
Statutes, is the share or interest of such co-
owner in the purely possessory rights under
the mining location, and not in any rights
arising under an application for patent.... 93
A co-owner who has been omitted from
an application for patent to a mining claim
can not, by subsequent recourse to forfeit-
ure proceedings against the applicant co-
owner, acquire any right in himself to make
entry under the application.....

Of the lands ceded to the United States
by the Wichita and affiliated bands of Indi-
ans under agreement ratified by the act of
March 2, 1895, sections 16 and 36, 13 and 33,
reserved for school purposes, are by the pro-
visions of said act made subject to the op-
eration of the mining laws; but the like
numbered sections reserved for school pur-

93

Page.

poses of the lands ceded by the Comanche,
Kiowa and Apache Indians under agree-
ment ratified by the act of June 6, 1900, are
not subject to the operation of such laws.. 95
Any lands ceded by either of said agree-
ments, which have been heretofore set aside
and reserved by the Secretary of the In-
terior for county-seat town sites, under the
act of March 3, 1901, or which have been re-
served and appropriated, by authority of
law, for any other specific purpose, are not
subject to the operation of the mining laws. 95

LOCATION.

A location under the mining laws made
upon land covered by a subsisting mineral
entry becomes effective upon the cancella-
tion of such entry, if rights thereunder are
then being and are thereafter asserted ac-
cording to such laws.

APPLICATION.

Application for mineral patent should
not be received where the land therein in-
cluded is embraced in a pending applica-
tion of another party.

Where, because of an incurable default
on the part of the applicants for a mineral
patent, entry for one of the several claims
in common embraced in the application is
refused, the refusal is in effect a rejection
of the application to the extent of such
claim.....

Application for patent to public land
claimed and located for valuable mineral
deposits may be filed only by a person, as-
sociation, or corporation (otherwise author-
ized) who has, or have, claimed and located
a piece of land for such purposes and com-
plied with the terms of the mining laws in
other respects, or by the grantee or gran-
tees of such locator or loeators

Where an application for mineral patent
is filed by an association of persons, one of
whom is without interest in any one or
more of the claims embraced in the appli-
cation, the proceedings had thereunder are
to the extent of such claim or claims with-
out statutory authority, and a nullity

Where an applicant for patent to a min-
ing claim, after the expiration of the period
of publication of notice of the application,
voluntarily defers making entry until after
the close of the calendar year in which the
period of publication ends, his negligence,
in the presence of an alleged relocation of
the claim after the termination of that year,
is fatal to the entry......

The length of the interval of time be-
tween the end of the period of publication,
or the finality of pending adverse proceed-
ings in court or protest proceedings in the
land department, and the date of entry, is
immaterial, so long as entry is made before
the close of the then current calendar year;
and the principle with respect to the com-
pletion of the patent proceedings is the

477

220

220

217

217

200

Page.

same whether the time remaining to the
applicant within which to make entry as
aforesaid be only a day or several months. 200
NOTICE.

The discretionary power lodged in the
register by section 2325 of the Revised Stat-
utes, to designate the newspaper in which
notice of an application for patent to a
mining claim shall be published, is subject
to review by the Commissioner of the Gen-
eral Land Office and the Secretary o the In-
terior, and where it is found that there has
been an abuse of such power, a new publica-
tion will be ordered.............

The notice of an application for patent
to a mining claim published in a newspper
in accordance with the requirements of
section 2325 of the Revised Statutes, should
substantially conform to the notice as
posted upon the claim, and should contain
sufficient correct data to put persons of
ordinary intelligence and prudence inter
ested in the land applied for upon inquiry,
and "to enable any one interested to ascer-
tain with accuracy the position of the
claim"

Where an application for patent is filed
and the proceedings carried to entry by a
mineral claimant in the names of himself
and his co-owner company, without author-
ity from the latter, and the entry is subse-
quently canceled for defects in the patent
proceedings, upon notice to the former
alone, the co-owner company, by claiming
underthe patent proceedings and asking the
reinstatement of the canceledentry, thereby
ratifies and confirms the assumed authority
exercised by its co-claimant in its behalf,
validates the notice upon which the entry
was canceled, and is not in position to
object that the entry was canceled upon
insufficient notice..

DISCOVERY AND EXPENDITURE.

An aggregate expenditure in labor or im-
provements upon one of several contiguous
claims held in common is acceptable in
satisfaction of the statutory requirement
only when such expenditure actually pro-
motes, or directly tends to promote, the
practically contemporaneous development
of all the claims concerned; and a scheme
of successive development of such claims,
in the absence of an expenditure for the
direct benefit of each, is not within the
spirit of the privilege accorded by the stat-
ute

No part of the value of work done or
improvements made upon a group of con- .
tiguous mining claims, in pursuance of a
general system alleged to have been adopted
for the common development of the group
and an adjoining claim, can be accredited
to the adjoining claim, toward meeting the
requirement of section 2325 of the Revised
Statutes, relative to the expenditure of five

359

383

228

401

Page.

MILL SITE.

Page.

hundred dollars, where any of the several
owners of said claim is without interest in
the group upon which the improvements
are located...........

An excavation made upon one of a group
of placer mining claims containing a de-
posit or formation of marble so near the
surface as to be most advantageously re-
moved by means of quarries, and which
manifestly does not tend to facilitate the
extraction of the marble from the other
claims of the group, or to promote their de-
velopment, is not such an improvement as
may be accepted in satisfaction of the stat-
ute requiring an expenditure of $500 in
labor or improvements upon or for the
benefit of each of the claims constituting
the group as a condition to obtaining pat-
ent thereto
PLACER.

A placer mining claim upon unsurveyed
public land to be valid must be located
upon the ground in such shape and position
as to conform, as nearly as practicable, to
the United States system of public-land
surveys, and the rectangular subdivisions
of such surveys"

The requirement of section 2331 of the
Revised Statutes, that all placer mining
claims shall conform, as nearly as practi-
cable, to the "United States system of public-
land surveys, and the rectangular subdivi-
sions of such surveys," applies with equal
force whether such claims are located upon
surveyed or unsurveyed public lands

The lateral surface area reserved under
section 2333, Revised Statutes, from the
grant bya placer patent, together with a vein
or lode known to exist within the bound-
aries of the placer claim at the date of and
not included in the placer application, is
limited to twenty-five feet on each side of
the center of the vein or lode.

A "gulch" placer claim, which can not,
by reason of its environment, practicably
be conformed to the system of public-land
surveys, and the rectangular subdivisions
thereof, may, upon sufficient and satisfac-
tory showing, be entered if in shape and
position approximating such system as
nearly as the conditions will reasonably
permit...

Directions given that in all cases involy-
ing "gulch" placer claims, a full and ex-
plicit report, touching the situation and
scope of the claim or claims involved and
the physical or topographical conditions
surrounding them, which are relied upon
to bring them within the principle appli-
cable to "gulch" placers, should be required
of the deputy mineral surveyor who makes
the survey, to be verified under the certi-
ficate of the surveyor-general, and that such
other evidence should be required as may
in any case be deemed necessary to satis-
factorily establish the existence of the
proper and requisite conditions

595

85

Section 2337, R. S., does not contemplate
the location of a separate mill site for each
of a group of contiguous lode claims held
and worked under a common ownership.. 128

The statute requires that a mill site be
used or occupied by the proprietor of the
vein or lode for mining or milling purposes:
and some step in or directly connected with
the process of mining or some feature of
milling must be performed upon, or some
recognized agency of operative mining or
milling must occupy, the mill site at the
time patent is applied for to come within
the purview of the statute...

The statute in terms permits only "non-
mineral land, not contiguous to the vein or
lode," to be appropriated for mill-site pur-
poses ..

In Alaska, the boundary lines of a mill-
site location can not lawfully be laid within
sixty feet of the shore line of navigable
streams, inlets, gulfs, bays, or the sea...

Missouri Home Guard.
See Homestead.

198

Notice.

363

513

363

401

See Mining Claim; Practice.

Occupancy.

See Oklahoma Lands.

Occupant.

See Oklahoma Lands.

Oklahoma Lands.

The provision in the act of June 6, 1900,
providing for the opening of certain lands
in Oklahoma to settlement and entry, "that
the settlers who located on that part of said
lands called and known as the 'neutral
strip' shall have preference right for thirty
days on the land upon which they have
located and improved," applies only to
such persons as had made settlements and
improvements on said lands and were
maintaining the same at the date of the
passage of said act......

The preference right of entry for thirty
days, accorded to settlers upon lands within
the "neutral strip" by the act of June 6,
1900, is not lost by failure to maintain the
continuity of residence theretofore estab-
lished thereon, where the settler continues
to claim, exercise dominion over, and culti-
vate the land

One who at the date of the act of June 6,
1900, was by force and fraud deprived of the
possession of a tract of land within the
"neutral strip" upon which he had there-
tofore settled and made improvements, was
nevertheless a settler upon said tract within
the meaning of that act and entitled to the
benefits of its provisions.......

The provision of section 22 of the act of
May 2, 1890, that not less than ten acres
shall be reserved for public purposes in

128

128

128

190

588

526