The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1902-12-28
FIGHT FOR MINERAL LANDS.
Miners Contest Applicants for Final
Proofs of Homesteaders.

Guthrie,O T., Dec. "a dispatch
from Lawton says that six applicants
for final proofs at the land Office were
continued on account of contests or pro-
I tests by mineral filers.
The miners are going to make q hard
fight to prevent the proving up of what
they call mineral land. and the home
steader claims that he will hold his land
under his filing. The Pawnee Oil company
Is contesting one of the homesteaders
and the termination OF the case will set
tie the matter.
The homesteaders are very much
wrought up over the situation and this
is especially SO in the Richards case.
where the homesteaders claim that they
are going 10 hold their claims at all
costs. In an interview with the receiv-
or OF the land Office. James D. Mcguire,
on this subject. ne says.
Mineral claimants making protests
against homestead proofs are not avail
ing themselves of the proper means af-
forded by the law for the establishment
and protection of their interests.
The land was opened as agricultural
land and homestead entry allowed under
sections 22s9 and 229e of the revised stat
Utes OF the United States which author
ICES entries on agricultural lands by
qualified persons. If. however, the land
entered under the above sections Is not
agricultural. but mineral. then Il FOL
lows that the entry was improperly al
lowed and the entryman has no legal
right to the land he improperly entered.
To determine the matter and To bria.
the matter properly before the officials
of the land Office the mineral claimant
should file a duly corroborated affidavit
of contest against the homestead entry,
setting forth his mineral showing. the
quality and character of the mineral and
its value, and specifically aIlege that IL
is more valuable than for agricultural
purposes. This brings the matter prop
erly before the office. and demands a
hearing TO determine the question raised
as in all other contests
The land being opened under the
homestead law is 'prima facie' agricul-
tural and the burden of proof is placed
on the mineral claimant. and should the
mineral claimant support his allega-
lions. then the entry may be cancelled.
and the application be made according to
the mineral laws for patent. Having de-
termired the classification of the land
as mineral. the mineral applicant must
then proceed under the mineral laws of
the United States, which require among
other things sixty days notice instead of
thirty, as in agricultural, and should
there be an adverse mineral claim il
must be filed with the local land office
during the period of publication. The
law directs that the officials of the land
office then notify all persons in interest
Of such adverse claim. and that the adj
verse claimant must within thirty DAYS
from notice commence proceedings in
some competent Jurisdiction of determin-
ing the question of possession as between
them. This being judicially determined
the entry may be made and patent there
for issued in due time"
This statement from Mr.. Mcguire will
give light TO a good many people who
are interested very materially in this
complex question.