Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1901-11-21
IS. FAR REACHING
Decision Of Oklahoma Attorney
General Is Very Important.
AFFECTS MANY MINERAL CLAIMS
Opinion Holds That School Lands Are
Not Available for Filing Purposes
ottumwa People Are Deeply Inter-
ested-Have Mineral Claims There.

The opinion of Attorney General J..
ceived in this city, in which he holds
that school lands are not available for
mineral filing purposes in Oklahoma.
The decision Is one of the most impor-
tant ever promulgated in the Oklaho-
ma territory. 1t affects a number of
Ottunlwa people, as there are several
citizens of this city who are interest
ed in the oil industry in that country,
and In fact the Ottumwa Oil and De.
VelUpment company had contemplated
!, sinking an oil we'll on claim it had
located on some school land in that
plete. and covers all points relative to
the important question that prompted
it. 1t is as follows:
Office of Attorney General, Guthrie,
Oklahoma, November IS, 1901:
The school lands of the territory of
Oklahoma including those in the coun-
ty of Commanche, are not subject to
mineral claims. This is true both as
to sections 1G and Sc of the common
school lands and the Indemnity lands
selected in lieu thereof, and also as to
section A, which is reserved for uni
versity, agricultural college and nor,
NAL school purposes and the indemni-
ty lands taken in lieu thereof, and al,
/ so of section SO reserved for public
building purposes and indemnity lands
taken in lieu thereof.
All of these lands are excepted out
of mineral laws of United States by
act of June 6, 1900, as follows: THAT
sections sixteen and thirty-siX thirteen
and thirty three of lands hereby ac-
CURED in each township, shall not be
subject IL entry but shall be reserved
sections sixteen and thirty-siX for the
use of common schools ana sections
thirteen and thirty-three for univer-
sity, agricultural colleges, normal
schools, and public buildings of terri
tory and future state of Oklahoma. and
in case either Of said section or parts
thereof is lost to said territory. by
reason of allotment under this act is
otherwise, the government thereof i
hereby authorized to locate othel
lands not occupied, in quantity to the
loss"
By this provision all the lands men
toned in the first part of this letter
are exempted from mineral claims.
They are exempted out of the mineral
law which is extended over the lands
of that country. This fact not only
appears from the language above quot
ed, it appeared also from the follow
ing: THAT should any of said lands
allotted to said Indians, or opened II
settlement under this act, contain VIZ
mable mineral deposits, such minera
deposits shall be open to action and
entry under the existing mining laws
of the United States. Upon passage
of this act, the mineral laws of the
United States are hereby extended ov-
er said lands.
This language also excerpts the school
lands including section thirteen and
thirty-three in each township from the
mineral laws of the United States be
cause it says that should any of said
lands allotted to said Indians or open
ed to settlement under this act, con
tain valuable mineral deposits, etc
This language not only does not in
clude the school lands of territory, in
Guiding sections thirteen and thirty
three but, by enumerating the lands
that shall be subject to mineral loca
1tions, excludes the school lands above
mentioned SO that it followed then I'M
der this statute no lands in the Kiowa
and Commanche country are subject
to mineral claims. unless the lands al
lotted to Indians and lands opened to
settlement under this act, are The
Indian department having decided, as
understand that the only lands in the
Kiowa and Commanche country that
may be said to be subject to mineral
claims are the lands opened to settle
ment under this act, are. The Indian
department having decided as under
stand that Indian allotments are not
subject to mineral claims it follows
that only lands in the Kiowa and
Commanche country that may be said
to be subject to mineral claims are
the lands opened to settlement under
the act of June 6, 1900. In other
words the lands opened up to public
settlement. The language of the act
as follows: "That should any of said
lands allotted to said Indians or open.
ed to settlement under this act, con,
tain valuable mineral deposits such
deposits shall be open to location and
entry. Disclosed that congress, in the
use of word, Gentry" in the following
quotation from said statute towit:
THAT section sixteen and thirty-six
thirteen and thirty-three of lands here
by acquired in each township, shall
not be subject to entry" Included
also entries under the mineral laws OF
the United States because of the Ian
guage of the act.
Are Not Subject.
"That should any of said lands al
lotted to the Indians or opened to set
tlement under this act contain valua
BILE mineral deposits, shall be open tt
TREASON and entry" disclose the fac
that congress used the term ENTRY
to cover not only homestead entries
but also mineral entries under the
laws of the United States, is therefore
the opinion of this office, that th,
school lands, including sections thir
teen and thirty three in the Kiowa ant
Commanche country, are not subjec
to mineral claims.
may say further that all of thee
Z lands have been leased and that it viii
be the duty of the territorial govern
ment to protect it's leases against an
intruder upon any of such lands.
Very respectfully yours,
J. c. Strang, Attorney General.