The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1903-04-28
School Land Leases as Re-
CARDS Mineral Lands.
NOT UNDER MINING LAW
Oklahoma Not Entitled to
Minerals in School Sections.


eral claims on school land in the reser-
vations recently opened to settlement
The filing of these claims has always been
matter OF contention. Attorney General
Roberts once submitted brief in the
/ matter and the brief is in line with the
holding of the department
Probably as many as fifty filings for
mineral purposes have been made on
school land and in some cases caused
! trouble between the mineral claimant and
/ the holder of lease on the particular tract
of school land
The decision of the department is given
below in full:
Department of the Interior,
Washington, d. c., April 9, 1898.
The Commissioner of the General Land
Office
| Sir: The department is in receipt of
your communication wherein you state
in substance that numerous inquiries
have been received by your office as TO
whether sections Is and So 13 and &c. in
each township of the lands opened to
settlement by proclamation of the presi-
! dent July T. 1901 (31 L. D., II, are subject
| to the operation of the mining laws of
the United States, and request to be in
structed as to the status of such sections
with respect to said laws.
The proclamation referred to embraces
the lands in the territory of Oklahoma
which were ceded to the United States
by the Wichita and affiliated bands of
Indians under an agreement ratified by
an act of congress of March ,, 1895 Cs
! o nd h,- h. 10lc
Kiowa and Apache tribes of Inwians, un-
der an agreement ratified by act of con-
gress of June G. 1900 (31 Stat 672, 676-S0).
The act ratifying the Wichita agree
ment, after providing for alotments of
land TO the Indians as required by the
agreement, among other things, further
provides:
That whenever any of the lands acquir-
ed by this agreement shall by operation
of law or proclamation of the president of
teh United States, be opened to settle
ment. they shall be disposed Of under the
general provisions of the homestead and
townsite laws of the United States:
That sections sixteen and thirty-siX,
thirteen and thirty-three, of the lands
hereby acquired in each township shall
not be subject to entry, but shall be re-
served. sections sixteen and thirty-six
for the use of the common schools, and
sections thirteen and thirty-three for uni
versity, agricultural college, normal
schools and public buildings of the ter
ritory and future state of Oklahoma;
and in case either of said sections or parts
thereof is lost to said territory by reason
of allotment under this act or otherwise
the governor thereof is hereby authorized
to locate other lands not occupied in
quantity equal to the loss: Provided.
That the United States shall pay the In
dams for said reserved sections the same
price as Is paid for the lands not reserved.
That the laws relating to the mineral
lands Of the laws relating to the mineral
lands of the United States are hereby
extended over the lands ceded by the
foregoing agreement.
In the Comanche. Kiowa and Apache
agreement it is provided that in addition
to the allotment of the lands to the In
dians, as in that agreement required. the
secretary of the interior shall set aside
for the use in common of said Comanche,
Kiowa and Apache tribes of Indians four
hundred and eighty thousand acres of
grazing lands The act ratifying this last
mentioned agreement among other things
provides:
That the lands acquired by this agree
ment shall be opened TO settlement by
proclamation of the president within six
months after allotments are made and be
disposed OF under the general provisions
of the homestead and townsite laws Of
the United States
That sections sixteen and thirty-six.
thirteen and thirty-three. Of the lands
hereby acquired IN each township shall
not be subject to entry. but shall be
reserved. sections sixteen and thirty-six
for the use Of the common schools. and
sections thirteen and thirty-three for uni
versity. agricultural colleges. normal /
schools. and public buildings Of the ter
ritory and future state Of Oklahoma. and
in case either Of said sections or parts
thereof is lost to said territory BY reason /.
Of allotment under this act or otherwise .
the governor thereof is hereby author I
lied TO locate other lands not occupied in /
quantity equol to the loss.
That should any Of said lands allotted 4
TO said Indians. or opened 10 settlement I
under this act. contain valuable mineral j
deposits. such mineral deposits shall be .
open TO location and entry. under the ex-
isting mining laws q the United States.
upon tire passage n this act, and the min
eraI laws Of the United States are hereby
extended over said lands
BY the act rat;fying the Wichita sTres-
ment the mining laws q the United
States were expressly extended over the
lands ceded by that arTeemnt- There
would seem to Re no room for serious
question. Therefore. that hy that &C. sec
tons Is and D. Is and 2. reserved therein
for school and other purposes. were made
subject to the operation of tf7e r1izfng
laws IN the same manner a1d with ike
eject as are sections II lands similarly
reserved elsewhere. and not yet Ers s7tsd.
as 10 which the mining laws ere appIfca-
be
With respect 20 the act -atifyin- TIE I
~onzHche. Kioxa ard Apsche sgree-
nent The situation is di1erenL p that
act oniy the lands which were . be aIiof-
ted TO the Indiaaz q T. b opeae8 . set
fe-1ent Hereunder Gac-ae Cement and
Pa ster Co. = L d. -. TnstTuctIons. =.
- were made sGbsect 70 the 7Iai1s
avs and g mineral expiorsfioz and 81
,ry The act 6id not extend the anlnI-g
avs geceraEy 20 ire izrss odd - nat
.gree-ert. as vas done hy tAs earlier act