The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1900-12-21
DECISION IN SILVER OIL
CLARK CASE.
NOT AGRICULTURAL LANDS
General Land Office Rules Con-
testee's Entry Was For
Purpose of Fraud.

+. Washington, Dec. 49, The commits
sioner of the general land Office has
rendered a decision in favor Of the
former in the case of the Kern Silver
Oil company VS.. G. w. Clark.
Clark claimed title to lands in a
forest reservation by virtue Of two
separate selections. The oil company
protested that these lands were min
eral and claimed them under mineral
locations made prior to che date OF
these selections. About the time
these selections were made it was rep
resented to the land office that the
lands in this and a large number Of
adjoining townships were solely valu-
able for their petroleum deposits, for
which they had been located under
the mining laws and for which they
were being developed.
The survey Of the lands Owe 40
years ago made no reference to min
erals, and scheduled the lands as agri-
cultural and the opinion says the
lands remained unclaimed under the
agricultural land act until their deter
animation as mineral. He holds that
those claiming title to selections under
the act of June 4, 1897, have not done
all they were required to do until
they have, filed the proof required,
made proof of the publication Of notice
and the same has been approved by
the general land Office.
Under this ruling the opinion says
the land in these selections is yet
opened to exploration under the min
ing laws and if at this date the lands
are shown to be mineral it defeats n
selection. There does not seem that
any question could arise as to who
had the best right to this land and to
whom the mineral product belongs.
Even if no wells had been sunk at the
claimants had rested solely upon the
surface discovery, but were duly pro-
ceeding with reasonable diligence to
develop the claims, the agricultural
claimant would not have been entitled
to the land 'as vacant land open to
settlement If these lands are not
i. distinctly agricultural in character,
but in addition contain IN the surface
mineral indications, justifying a dis
Greet person to prospect and develop
the same, then the affidavits which
aver THAT the application thereof is
not made for the purpose Of traudu-
lently obtaining title to mineral land,
but with the object of securing said
land for agricultural purposes, so far
as the deponent knows is not only
evasive, but misleading and evidences
a motive for acquiring lands really
for mineral and not for agricultural
purposes.
Continuing the opinion says: "The
good faith of the mineral claimants is
apparent and conclusive. They seek
to obtain in a proper manner title to
lands under the laws solely provided
therefor. I do not find the same condi-
tlons existing in the case of the agri-
cultural claimant, who evasively
seeks to acquire mineral lands under
agricultural laws, the lands being adj
mittedly mineral and not agricul-
tural." 1
From this the commissioner deduces
the following: "That at the date of
these selections the lands included
herein, were covered by mining
claims and therefore not vacant; that
they were known to be mineral and
therefore were not open to settlement
that the fact that the conditions were
not of record in the land Office did not
affect the mineral locators' rights and
the failure of the agricultural claim
ant to state the facts was a fraud on
the government and the mineral
claimants, as the solicitors, are
charged with a notice Of mineral loca-
tions. If any further evidence were
needed in support of the above con.
illusions, it is to be found in the spec
ial agents report made with reference
to these particular selections, nor can
there be any question as to the author.
ity of this office to consider any re.
port of the record in the case, in
which the party is an interested party
in the determination of the character
of public land, and this Office being
charged with the proper disposition Of
such lands"