Fergus County argus., 1890-08-21

An Oficial Interpretation Of the Law On the
Question Of their Mineral Character.

An 0nicial Interpretation Of the Law On the
Question Of their Mineral Character.
The letter published below has been
received at Helena from the general
land Office at Washington, and is in
relation tn the important question Of
he school lands of the state aud the
unending attempts made 10y private
individuals to secure them on the
strength Of their mineral character
The letter, signed 10y Lewis \. Goif.
commissioner. and dated Washingt on.
July ~. is rs follows:
The Honorable. the Secretary oi
the Interior Sir: am in receipt of
your letter of the lth uli imo. asking
ior inst r,rt ions relative to he manner
"f proceeding where Application for
patents are eprrsent Ell for mining claims
in ser'ions rs and :.6 Of Colorado, the
same having been surveyed and the
survey approved, there being nothing
on the township plat to designate
whether said sections 16 aud 36 were
known to be valuable for mineral ut
the time Of the survey.
''In reply you areadv~e'l that under
the decisions OF this office and the de-
partment it is held that where lin the
state OF ColOrado) the survey was
made and approved prior to the ad-
mission OF Colorado, sections 10 and
36, known at the time of the admis-
sion to contain mineral, did not pass
with the grant, and that where the
survey was approved subsequent to
such admission, and at the time OF he
approval OF such survey the land in
sections rs and :i6 WAS known to he
mineral in character. the same also
did not pass to the state under its
grant.
"'l'he recent decisions of the depart
ment to the effect that the title oi the
state under tine school grant vests. If
at all. at date Of survey; and that if
the land is in fact mineral, though not
then known to be such, the subsequent
discovery of its mineral character will
not divert the title which has already
passed. is in harmony with the prac-
tice Of this office in the adjudication OF
cases before it. IL would appear from
your letter that although township | q
~. X. l W, ". NJ. NJ, was not con
sidereh by you as having been returned
rs mineral, you allowed application
Tor mineral claims Tor tracts ~ section
36 thereof, where the lOcatiOns were
made subsequent To the approval of
said survey (Oct. l3, 1882, and as
appears from the copy of the Rico
News, several Of the notices of appli-
cation are now being published.
"IOur action in receiving said appli-
cations in section :i6, in view oi the
statements above, was erroneous.
Where applications for patents for
land in sections I6 and S6. surveyed
subsequent to the admission oi the
state, ARE presented for filing, YOU will
consult your records as to the return
OF the township or any oi the particu
lar sections thereof 10y the surveyor
general, and il the same has not been
returned as mineral you will first de
termine tby consulting the notice oi
location) whether the discovery of he
claim was made before or after the
approval of the survey. Ii thrtornler,
you will give notice Ia the state au-
fhorities oi the pen lenry oi the appli-
cation. and allow them "a reasonable
time to show cause why the same
should not be received and filed. u
the latter, before receiving such appli-
cation you will require claimant To
furnish sat iSiactory evidence that the
land was known tn be mineral prior
to or at the date oi the approval al
l,e survey. S,n'h evidence brlng iur
nlshed, you will then give notlceto the
stateas abovrset forth. Ii such show
ing is not made, however, there is no
aut lOrity under the law Tor receiving
such application. In the latter ease,
when said sections III and :,i have
been returned as mineral 10y the sur
veyOr general, you will proceed as
herein before directed in thecase where
the discovery was made prior to the
approval OF the survey. lncase where
the survey was made prior to the ad-
mission Ot the state, you will proceed
as above and substitute the date ia
the admission Of the state for he date
OF survey. II there are any applica-
tions pending in your Office in which
the state has not had such notice, you
will give notice before allowing entry.
should the state object to tiliny of m.
nlicntion or allowance Of entry. Won
should order n hearing to det ermiue
whether the land applied for was
known to he mineral nrior to or M