The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1901-12-08

validity or effect whatever. Where lands
In these three townsites were SO reserved
they became appropriated anc set apart
for g. specific purpose under the law and
were thencefOrth withdrawn from the op-
Grafton Of the mining and other public land
laws.
In the matter OF the surveying Of min
ing claims with the view to obtaining pat
ents therefor, the mining laws provide that
such surveys, excepting as to placer claims
located upon surveyed land and which con-
form to legal subdivision. where no further
survey or plat is required. shall be made by
or under the direction Of the United States
Surveyor General.
1t is further provided that at the time OF
fling of application for patent to mining
claim or at any time thereafter. within the
sixty-day period Of publication. the claimant
shall file with the Register certificate OF
the United States Surveyor General that 500
worth OF labor has been expended or I'M
provements made upon the claim by HIM
self or grantors, and that the plat IS cor
rect. with such further description as may
be necessary to identify the claim and fur
nish an accurate description &c be incor-
porated in the patent. and that The United
States Surveyor General shall appoint in
each mining land district as many compe-
tent surveyors as shall apply for appoint
ment to survey mining claims.
..-No Provision for . surveyor.
The Congress has made no provision for
homa. nor IS there any provision in the
statutes extending the mining laws over
the aforesaid ceied lands or in any other
which specially directs or authorizes the
duties to be performed by the United States
Surveyor General In the administration OF
the mining laws generally. to be pefformed
In said Territory by any other ofhcer. Tne
question arises as to how said laws are 70
be executed with respect to the lands IN
said Territory over which they wee ex-
tended by the act Of June 5. IN In lhe
absence of special legislation giving fuii
and complete direction, resort must be had
to the general laws conferrfng upon tne
Land Department power In matters reiauns
t? ses 3 and ss OF the the Revised Stat
utes are then quoted and the Supreme
Court decision in the case Of Knight ys. the
United states Land Associaf,on Ihhons ana s'
Duties of Land COmnfsstonef.
: Continuing. the Secretary states in view
of these general statutory provisions; ana
cases a are referred to. it is clearly the duty
of the Commissioner OF the General Lana
Office to perform all executive duties ap-
Claims and all similar duties in any man
ner respecting the conduct OF proceedings
to obtain such patents: and to enforce ana
carry into execution all provisions o, tne
mining laws with respect to these eeded
lands not otherwise specially PROVIDED ior.
The Secretary therefore directs the Com
missioner of the Genera Land ONCE as
follows:
in each of the land districts containing min-
eral .ands. wherein saiu Seueu Iaius a.
situated. as many competent surveyors as
shall apply for appointment to survey min
ing claims; and you will perform all the
duties appertaining to the surveying OF
mining claims located upon said lands for
the purpose OF obtaining patents from :he
government and with respect to the patent
which would be performed by
the tinted Surveyor General II there were
such an officer for Oklahoma:
For their guidance you will furnish the
and receivers OF the land offices
ha vin1 Jurisdiction of applications to enter
the said cefied lands, copies OF this decision
and with the usual printed instructions re-
latin9 to mining claims. in accordance with
NE views herein expressed