The weekly miner. [volume] (Butte, Mont.) 1878-1881, 1881-11-15
INTERESTING TO MINERS.
A Decision Of Attorney-Gene
MacVeagh.

In April last an order was issued by Presi-
dent Garfield, setting apart from public lands
a military reservation, at Fort Maginnis,
ing that mineral was discovered and camp
being established by them on the reserva-
tion several months previous to the location
of the post by the military, the authorities
appealed to the Secretary Of the Interior for
information whether they could hole the
mines and surface ground connected there
with, though they be on the reservation, and
whether mineral land could be located and
patented on a military reservation. Alter
the establishment of the reservation the
Attorney General was requested for an opin-
ion on the following questions: '.-.
First-Whether or not mineral land re-
served from sale by section 2,3lS, Revised
Statutes of the United States, can be re-
served for military purposes by order of the
President? "'t
Second-Where mineral lands are included
within the limits of the military reservation,
are such lands open to exploration and pur-
chased under section 2,319 of the Revised
Statutes?
Third-Whereas Choate's title to mineral
lands has been acquired, and such lands
have been included within the military res
ervations, can the title to said mineral lands
be perfected by a private owner?
Attorney General MaeVeagh, in his
opinion, says: "From an early period in the
history of the dovernment it has been the
practice of the President to order from time
to time, as the eXigencies Of the public SER
vice required, parcels of land belonging to the
United States to be reserved from sale and
set apart for public use. Tie authority of the
President i'll this respect is recognized Iii seV-
eral acts of Congress, and The power is broad
enough to include mineral lands belonging
| to the public domain; at least they remain un-
| fractured by private rights acquired under the
| laws relating thereto. This neces ry in
wolves negative answer to the second ques-
ton, since after the public lands have been
lawfully reserved by the President for public
use, they become severed from the public do
main, and arc therefore not subject to Occu-
patiou and purchase under the general law. u
In answer to the third question he says
"Congress has recognized the possessory
rights of these miners, such as obtain among
themselves, by rules that have become law
| in mining districts. AS regards mining claims
and rights thus recognized by Congress, they
IRE properly of great value. Very large
amounts are invested in mines, the owner
ship of which rests solely on the promissory
right referred to. 1t tseems that where such a
right has attached to mineral land in favor Of
the locator of mining claim, the land dur
ing the continuance of the claim-that is Il
say, so long as it maintains n accordance
with la ", becomes by force Of the mining
laws, appropriated to a specific purpose
namely, the development and working ofthe
mine located, and unless Congress otherwise
provides, it cannot while that right exists
Notwithstanding the title thereto remains il
the Government, be set apart by the Execu
tive for public uses"