The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-07-28

Rules by Land once 10 Exclude Them
o. From Railroad Grants.

Rules by land once 10 Exclude Them
o. From Railroad Grants.
Register 0'Tooieyesterday received from
Land Commissioner Lamoreux q copy of
the circular issued by the secretary of the
interior relative to determining whether
lands selected or listed by railroad COM
pAnies in satisfaction of their grants are
mineral or on-mineraI. The circular lays
the folio sing rules to determine the ques-
ton:
"Where the lands have been returned by
the Surveyor general as mineral hearing
may be had to determine the character of
the land under rules ITO and Ill OF the
rules and regulations issued December 10,
1891, controlling the disposal of mining
claims.
Where the lands selected by the CON-
many are Within mineral belt or proxl-
mate TO any mining claim, the railroad
company will be required to tile gith the
local land Office an affidavit. by tine land
agent of the company. which affidavit
shall be attached to the ltss when re-
turned, setting forth in substance that be
has caused the lands mentioned to be care
fully examined by the agents and en-
poyes of the company as 10 the character
of the land. and, 10 the best of his belief
and knowledge, none of the lands returned
are mineral lands.
sk"Upon receipt Of the list you will cause IL
to be examined and clear list TO be pre-
pared of all lands embraced therein that
are not within radius OF sir miles from
any mineral entry, claim or location,
which list shall be transmitted TO the de-
partment for approval Ifeny of the lands
in the list are found TO be within six miles
OF any mineral entry, claim or location,
YOU will cause supplemental list OF such
lands to be prepared and return the same
to tho register and receiver and notify the
railroad company also. The register and
receiver will publish notices in newspa-
pers stating that the railroad company has
applied for the lands and filed lists at the
local land office, that the lists are open for
inspection and that protests or contests
within the next sixty days will be received
where 10 is claimed land is more valuable
for mineral than agricultural purposes.
After the expiration OF sixty days the sup
Elemental lists will be returned TO the gen.
eral land office. together with notes con-
corning protests. contests or suggestions
as TO the character OF the land.
"The land commissioner viii then elm
mate from the supple mental list all lands
that have been protested. contested or
concerning which suggestions have been
made as TO mineral character. The re-
maining lands will be certified TO the de-
partment of the interior for approval and
patentIng as agricultural. In regard to
lands patented, contested or claimed TO be
mineral, a hearing will be ordered held
before the local land Office authorities 10
decide the character OF the land. The
railroad company must pay to the register
and receiver the costs OF advertising the
Land. as previously described.
s'Afi fists which have been heretofore
prepared IN accordance with the rules,
regulations or instructions of the secretary
of the interior, where suoh rules have been
complied with, shall be exempt from the
foregoing regulations. Also where lists OF
selections are nov pending OF lands re-
turned BY tue surveyor general as mineral,
where hearings have been had IN ac-
coraanee with rules ITO and Ill OF rules
and regulations of Decenber 10, 1881, and
the local officers have determined that
said lands asa non-tnineral IN Character
and such determination has been APP
proved by the general Land Office, such
lan.s shall be submitted TO the depart
ment for approval without further lnves-
tigation, although they may be within six
miles of any mineral claim or location.
unless since said hearing mineral claims
or locations have been made OF any tract
embraced in said list, in which event the
tract viii De eliminated from the Inst and
held for further investigation"