The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1901-11-14
OPINION IN FULL.
Attorney eeasral strang Decides
Against Mineral Prospectors.

The opinion of Attorney General
Strang denying the right to file min
eral claims on school lande, brief ne2-
tion of which was made ia yeste days
Leader, is as follows:
''Your letter of recent date Nsas duly
received The school lands Of the tei ri
tory of Oklahoma inclNding those in the
mineral claims. This Is true both as to
sections 16 and 30 of the common school
lands and the indemnity lanes selected
IN lieu thereof and also as to section l3.
which Is reserved for university, agricul-
tural college, and normal school purposes
and the indemnity lands taken IN lieu
thereof, and also Of section %, reserved
for public building purposes and indemni-
ty lands taken in lieu thereof
IAN OF these lands are excepted out
OF the mineral laws Of the United States
by Act OF June eth 1900. as follows:
That section sixteen and thirty-siX
thirteen ana thirty-three. OF the lands
hereby acquired in each township shall
not be subject TO entry, but shall be re-
served. sections siXteer, and thirsy-alX for
the use Of common schools, and sections
thirteen and thrty-three for university.
agricultural colleges. normal schools and
public buildings OF the territory and fu.
ture state " Oklahoma; ana In case eth
er of said sections, or parts thereof Is
iNrA To- NhiU AfAtlANlN hN AthHAM Ni AllOA-
ment under this Act or otherwise the
governor thereof Is hereby authorized 20
locate other lands not ccmied, in quanti-
~ equal TO the loss
BY this provision a., the lands men,
TONED In the first part Of this letter are
exempt from mineral claims. They are
excepted out cf the mineral law which Is
extended over the lands OF that country.
This fact not only appears from the Ian
Ruage above quoted, but It appears also
from the following language Of the same
Act;
That should any OF said lands allot-
ed 20 said Indians. or opened to settle
ment under this Act. contain valuable
mineral deposits. such mineral deposits
shan be open 10 location and entry, under
the existing mining Jaws OF the United
states. upon passage of this Act. and the
mineral laws Of the United states are
hfrciN extended over said lands.
This language also excepts the school
lands including sections thirteen and thir-
ty-three In each township from the mineral
laws Of the United States because IL says.
That should any OF said lands allotted 10
said Indians or opened TO settlement un-
der this Act, contain valuable mineral de-
posits. rtc' This language not only does
not include the school lands OF the terri
tory including sections thirteen and thir-
ty-three but. by enumeratlng the lands
that shall be subject 20 mineral locations,
excludes the school lands above mention
ed SO that IL follows that under this sub
ioct C. mineral claims unless the lands al
lrted TO Indians and lands opened tO set
tlement, under this Act. are.
''lhe Indian dena rtment having decided,
as I understand. that Indian allotments
are not subject 10 mineral claims, 20 fol-
lows that the only lands n the Niowa
and Comauche country that may De said
20 De subject to mineral claims are the
lands opened 20 settlement under the Act
of june eth. 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 20 said
Indians or opened 20 settlement under
this Act contain valuable mineral depos-
its. such deposits shall be open 20 loca-
tion ana entry, discloses that congress,
in the use OF the word entry In the
following quotation from said statute, to-
wit
'' THAT sections sixteen and thirty-six.
thirteen ana thirty-three Of the lands
hereby acquired In each township, snail
not he subject 90 entry included also
ted states because the language Of the
Hct.f that should any uf said lands al-
totted TO SAID Indians or opened t. sct-
element under this Act contain valuable
mineral deposits shall be open 20 location
and entry disclose the fact that congress
used the term entry 10 cover not only
homestead entries but also mineral on-
tfiVs under the laws of the United states
it is therefore the opinion nf his office,
that the school lands including sections
thirteen aud thirty-threc I'm the kiowa
and Comanche country. are not subject 90
mineral claims.
~ may say further that an OF these
lands have been leased and that IL VIII
be me auty ~ the territorial government
20 protect its lessecs against any intrud-
cr upon any Of Fuch lands