The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-12-11
UNCLE SAM
GUARDS NEW
TOWNS PEOPLE
School Lands Are Not Subject
10 Mineral Filings.
STRANG is SUSTAINED
Secretary Of Interior Makes
Plain the Law.

Guthrie. 0. T.. Dec. 1O.-Attorney Cen
eral Strang has returned from Washing
ton where he was in consultation with
the interior department in regard TO min
eral claims being fled on school lands in
the new country. Judge strang ruled
that the school lands and claims Were
not subject TO filings for mineral purposes
and vas sustained in the matter by Judge
Van Deventer.
The secretary Of the interior today
handed down the opinion covering the
entire question of mineral entries in the
Kicwa. Comanche and Wichita countries
The secretary holds that no mining
location of land within the county seat
towns ties of Lawton. Anadarko and Ho-
bart, made after the special reservation
Of townsites on June q. 1901. is Of any
validity or effect whatever.
when the lands in these townsites
were reserved they become Appropriated
and set apart for a specific purpose under
the law and We're thenceforth withdrawn
from the operation OF the mining public
land laws
The secretary refers TO a decision hand
cd down by the assistant attorney gem
eral last October in which the applica-
tion Of the mineral laws to the lands in
the Ki0wa country. was fully covered.
and adds; 1t is clear that tie mineral
provision Of the act of June, 1890. was not
intended to operate as an exception 10
the settled principles applied by the land
department in the administration Of the
public land laws generally.
Controversies between mineral and
agricultural or townsite claimants as to
any OF the lands ever which the mining
laws were extended BY said provision are
to be determined upon the same principles
which apply u Ike controversies with
respect 10 public lands situated else
where"
Applications for patent 10 mining
claims should not be received by local
officers fer any of the lands referred TO
which may at any time be embraced in
an Indian allotment or IN the existing
entry under the homestead or townsite
laws and not protest by a mineral claim
ant the object OF which is 10 have the
land claimed determined 10 be subject 10
entry under the mining laws should be
accepted as against the Indian allotment
or as against the entry under the home
stead or townsite laws where The entry
man has complied with all the terms and
conditions necessary 70 entitle him 20
patent. unless the protest be accompanied
by an allegation or averment properly
verified and c3rroboratod 20 the erect
that the land was known 10 contain val
rablo mineral deposits at the time that
the indian allotment was approved or az
the case nav be when the terms recess
sarv 90 obtain title under the homestead
or townsite laws were complied with.
Lands not known to contain vaiuable
mineral deposits az The time when the
absence % such knowledge The rights -
the allottee or the homestead or town
site entrvrnan became fxed ard vested
are not thereafter subject 20 exploration.
location cr entry by other parties uades
the miuing law.
Right once vested in an allotment or
entryinar under the homestead or town
site laws or in tovulot rurchare can
not BE Elected By the subse1ueut ex-
pIoration or location ~ the land fcr min
erals
TIE se-retarv tken quotes the uinirg
laws ~ the I-nitet States and points out
thst 81 surveys ~ -niairg claims rnast
SC nade unaer the sarerrisi1n - the sif-
vever general
Before q uirire ciafra can secoTe q Fzt-
ent from IRE Forer1nert he rast H.e
Ell he REGISTER ~ tre lard ogre = certia-
cate cf the sureger general sheEirs
that ras ucrth of labor hgs seen fr-
~a~ae.s rr f--rrer furrtn rsats ursr fre