The Florence tribune., 1898-06-18
The San Carlos Coal Fields.

pleasure by all having interests in tue segregated strip:
 Department of the Interior, General
 Land Office, Washington, D. C., May
 31, 1898. Register and Receiver, Tucson, Ariz.
 Sirs: am in receipt of the follow ing letter dated May r, 1898:
 We are informed that portion of the San Carlos reservation has been surveyed and plated, and that the plats therefor will likely be filed at this office. The surveys are only the exterior lines and the land to be seg- regated is reported to be coal and min eral land.
 We respectfully ask to be instructed as to whether it will be necessary to advertise the filing of the plats, the usual time before applications to make entries can be received by us.
 We would also ask that supply of blanks of all kinds used in the loca- tion of coal land be sent to this office, as we have none on hand.
 Tine act of June 10, 1896 (29 stat. 360) provides, with reference to the open ing of said reservation:
 That upon the fling in the United States local land office for the district in which the lands surrendered by ar- tlcle of the foregoing agreement are situated, of the approved plat of sur vey authorized by this section, the lands so surrendered shall be open to occupation, location and purchase un- der the provisions of the mineral land laws only, subject to the several arti- cles of the foregoing agreement. Pro vided, that the terms of this section shall not be construed to authorize oc- cnpancy of said lands for mining pur- poses prior to the date of filing said approved plat of survey. Provided, however, that any person who in good faith prior to the passage of this act has discovered and opened, or located, a mine of coal or other mineral, shall have preference right of purchase for ninety days from and after the off cial filing in the local land office of the approved plat of survey provided for by this section.
 l The survey provided for by said act has been made and the record thereof is in this office awaiting the receipt oi the report of the surveyors examina. tion which has been called for. When said report is received the record will be examined and the approved plat oi survey will be forwarded to your of flee for filing as provided for in said act. There is no apparent necessity for the issuance of instructions in the matter at this time, but for the infor' nation of your office and to enable you to answer inquiries relative to the opening of said reservation, certain facts may be stated with reference tc said reservation.
 In the opening of the Blackfeet In. dian reservation in Montana which wa: provided for by said act in terms sim. liar to those which provided for ths opening of the San Carlos reservation office letter of March 29, 1898, forward ed to the local office the approved plat of survey for filing on April l5, 1898 and the local officers were directed to give notice ''by furnishing the infor. nation to the local papers as a matter of news and by posting notice thereof in conspicuous place in your office and such other means will be used as will result in giving as wide and gen. eral information of the notice as pos sible."
 The only difference in the ope ming of said reservations is that the Sau Carlos reservation will be opened sub- iect to the preference right of pur- chase" provided for by act of. June 10. 1896, supra.
 This need not, however, affect the manner of giving notice of the San Carlos opening. The preference right of purchase is accorded only to those who in good faith prior to said act had discovered upon, or located a mine of coal or other mineral upon said land. And in order to preserve their rights such claimants would be required to show continuous compliance with the | local and general laws and regulations. By the terms of said act, however, no person could initiate claim to lands in such reservation after the date of the opening. There is nothing in the act which requires claimants to file mo- tice of their claims in the land depart ment; it is sufficient if they show a compliance with the mining laws The survey provided for is only for the ex- terior lines of the ceded portion of the reservation.
 There is no substantial survey for the lands to be opened. Coal claim ants, therefore, will be protected by showing a compliance with the coal land laws and regulations in the mat ter of maintenance of their claims. The minaral riohts may therefore rest upon