The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1903-09-11
Hoods Jars0pGritia
Rhich strengthens thewhole digestive system

was filed with the register of deeds Of
! Comanche county. August 2s 1891.
| In opposition TO the motion to dissolve
/ the temporary injunction the plaintiff
| filed his own and eight other affidavits.
! These affidavits all state positively that
! they have examined the land in question
and that it is all prairie land covered
with sod and grass, unbroken at the time
of entry and that there is no oil, seepage
or seeps or indications Of oil on said land.
Bay also states that he examined the
surface indications carefully before max
ing his homestead entry and that there
was no indication of oil or other minerals
on the land These affidavits are all in
the record, and upon this record the Judge
who heard the motion dissolved the tenn
porary injunction.
The syllabus Of the case is as follows:
Public lands Of the United States sub
ject to settlement and occupancy. contain
ing petroleum or other mineral oils and
chiefly valuable therefor. may be entered
and patent obtained thereto under the
laws of the United States relating to
placer mining claims.
The lands acquired by treaty from the
Comanche Kiowa and Apache Indian
tribes in Oklahoma were classed as agri-
cultural lands but subject to the mineral
laws of the United States.
1t is only when lands containing pc
troleun or other mineral oils are chiefly
valuable for the mineral oils that such
lands are subject to entry and location
as placer mining claims and whethre
aI,raf rs
eral oils is a question of fact to be proved
by the person alleging its mineral charac-
ter as lagainst the homestead entry, and
such question Of fact is to be heard and
determined by the land department.
Until such time the courts may preserve
the possessory rights OF the legal occu-
pants against continuous trespassing by
injunction.
Under the laws OF congress and procla-
nation of the president opening said
lands to settlement none other than one
who had been awarded the right TO make
a homestead entry after August g. 1901,
was permitted to occupy any of said lands
for the purpose Of discovering oils or
making mineral locations until after Oc-
tober 5, 1901, and any entry or occupying
on the claimant
1t is a condition precedent to the To-
cation OF a mining claim that the discov-
cry must be made and in case of petro-
ieumoor mineral oils the vein or deposit
from which the oil is drawn must be dis
covered before a valid location can be
made.
One who discovers mineral signs or in
dications may assign and transfer his
prospective discovery to one who may
follow it up and make such discovery as
to entitle the assignee to a valid location
and nahy a patent
Mere surface indications of mineral oils
do not constitute a discovery and are not
sufficient upon which to base location.
One who has valid homestead entry
upon lands classed as agricultural. but
subject to the mineral laws. may be di-
vested of his right by showing that the
land is more valuable for mineraly than
agricultural purposes. if made at any
time before final proof and payment is
made and final receipt issued
The homestead entryman is entitled TO
exclusive possession as against all ad-
verse claimants except one having
valid, prior, equal or superior right.
person qualified to make mining loca-
ton and having a valid prior mining set
tlement in good faith or location, has
such right of possession as against
homestead entryman. But a contestant
for a mining claim or location is not en-
titled TO either joint or adverse posses
sion as against the homestead entryman
one who attempted TO locate placer
mining claim containing petroleum on
August Sth. 1901, was acting in violation
of law and can acquire no rights under
such attempted location as against one
having a homestead entry. nor can the
assignee of such wrongdoer acquire
any valid rights.
Record examined and held; that defend
ants were not entitled TO have the tenn
porary injunction dissolved.