The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1891-02-12
SECURING TIKI COAL LANDS.
Useful IllelhalIen Is 10 Necessary
Steps n acquiring Title.
The Laws aet RoFth In Concise
FOFm-sThe Nights 81 lndiVid.
uals and Associations.

Tie subject Of coal lands in Washing
ton, already Important, Is daily assuming
more significant and promising proper.
tons. A knowledge Of the methods oil
acquiring title to these lands is cores
pondingly increased in value, for it il
more difflult 70 obtain title without OBJ
serving all the technicalities Of the law
necessary for In protection Of acquired
rights. The law promises protection to
these rights only on the performance Of
certain conditions. II those conditions
are not performed, the claimant proceeds
at his own risk. When there were fewer
persons seeking title to these lands the
danger was less; but since they have
grown to greater value and are becoming
more widely known, II behooves the
claimant to guard well his rights, and
leave nothing undone necessary to secure
their protection in the law.
There are certain limitations as to the
character and amount Of the land as well
as 10 the persons permitted to enter the
same. Section 2S47, U. s. revised stat
utes, provides that "every person above
the age Of twenty-one years, who is a
citizen Of the United States, or who has
declared his intentions TO become such,
or any association Of persons" each Of
whom is qualified as above shall, upon
application to the register Of the proper
land Office. have the right to enter by
legal Subdivisions any quantity Of vacant
coal lands Of the United States, not other
wise appropriated or reserved, not exceed
ing leo acres to such individual person,
or 800 acres to such association" at pri-
waite cash entry. It fixes the price Of
lands situated more than Is miles from
any completed railroad at SO per acre,
and those within Is miles Of such road
at $40.
II only part Of the land is within this
limit the price Of each subdivision, the
greater part Of which is within the limit,
is $50 per acre. These provisions apply
to lands 50 situated at the date Of
actual entry, and not ct time when the
preference right Of entry is acquired, as
provided in the next section Of the
statutes.
This preference right is given to indi-
viduals and associations, properly quail
fled, who have opened and improved any
coal mine and are in possession Of the
same, which possession may be by agent
or in person. The improvements must
be such as to show the good faith Of the
claimant, but no specified amount Of
money or labor is required to be ex-
pended.
This section, however, gives 10 any
association Of four or more persona who
have expended not less than 5000 In
working and improving any mines the
right to enter $40 acres.
In order to secure the rights given under
this section It is necessary that the claim
ants file their declaratory statements be-
fore the register Of the land Office within
GO days after date Of actual possession and
commencement Of improvement or 90 days
after the filing Of the plat or survey in the
case Of unsurveyed lands, and that they
prove their rights and pay for the land
within one year from the expiration Of the
time prescribed for flinNtheir claims. A
failure to comply with these conditions
subjects the land 10 entry by another per
son who does comply with the Law; but
Ii does not prevent claimant from max
ing his fling or entry after the prescribed
time in the absence Of . valid adverse
claim. When Il is shown that two or
more persons have occupied and Inn
proved the same tract, priority Of posses.
sion and improvement is considered In
determining their rights.
II land il more valuable for other min
erals than for coal, Ii cannot be entered
As coal land. Section 2S25 Of the statutes
expressly reserves lands valuable for
mines q gold, silver or copper, and IL is
held that lands which are sufficiently val
liable for these minerals to prevent their
entry q agricultural lands cannot be pur-
chased as coal lands. As In the home
stead, presumption and timber laws, only
II Is held BY the land Office that a ding
alone exhaasts the preference right and
the right TO enter on another tract Of
iahus