The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1904-01-28
MINE CLAIMANTS
MUST KEEP OFF
%-
Secretary of Interior Rules
Favorable to irrigation.
ADVERSE TO SPECTATORS
RECLAMATION SERVICE FEARS
HoLD-UPs By SPECTATORS.
ADVERSE TO SPECTATORS
Special 10 The Heraldl

FF tary of the interior has rendered
decision defining the status of
mining claims upon lands withdrawn
LOT reservoir sites 3r permanent works
under the irrigation law which is &c
the utmost importance to Iocators in
the arid states
He holds that the uitbdra walls r1aae
under the authority af the act of June
IT, 1902 Of lands which in his judgment
are required for any irrigation works
contemplated under the provisions Of
said act, have the 1orce of legislative
Withdrawals, and are therefore effec-
i've 10 withdraw from other disDOsitiou
All lands within the designated limits
70 which a right has not vested The
purpose to confer Ip11 the secretary Of
the interior such power is further man
are sJed by the authority given him To
Withdraw from entry, except under the
homestead law tthe only class OF entry
specially excepted. any public lands
believed TO be suscept Die of irrigation
from such works. and directing that
such lands shall not De disposed Of ex-
cept under the homestead law and in
tracts Of such area. by legal subdivis-
ions, as in his opinion may reasonably
be required Cor the support of a family
In his opinion no right is vested ia
tne locator of e mineral claim until
final proof has been submitted and tin
purchase money paid. Until such time
no right is acquired as against the gov
eminent which would deprive congress
o. the power TO dispose Of the land
Unless a claimant 30 lands covered by
such Withdrawals had acquired vested
interest in the land. so as TO deprive
congress OF the power of disposition and
control over the SAM. it would be SUD
Jet to the operations of such with
drawals.
A Case in Point.
With reference 20 the character Of
rights acquired by ClE imants TO lands
under the mineral laws, the secretary
quotes the court decision in Benson
Mining company SIS Alta Mining COM
pany GAS Z. s., 42g- 400;
BY the mining laws Of ta3 United
States three distinct classes OF titles are
created: O) Tide i'm fee simple. % Tide
10y possession go The complete eQuit-
able title. The first vests i'm the grantee
Of the government an iLdefeasi3le title,
while the second vests "a title in the
nature of an easement only. The first,
being an absolute grant by purchase
and patent without condition Is not
defeasible while the second being
mere right of possession and eGl 1vrtc1t
of profits without purchas. and upon
condition, may be defeated at any time
hy the failure of the party in possession
10 comply with the condition. VIZ. 10
perform tl1e labor or 1nake th3 aDuge5
improvements required 10y the statute.
The equitable title accrues Immediately
upon purchase. FOR the entry entities The
purchaser 90 q patent and the right
to a patent once vested IS equivalent 10
a patent issued.
After "a complete equitable title has
vested. the United States can no longer
exercise ownership over the property.
but II VIII be seen that a possesSory
right may also be acQuired under the
mining laws, which Is vested right. al
though the acquisition of title IS not
contemplated. Such right. however, Is
subject to be Invested by failure to COM
ply with the law. and the land depart
ment has Jurisdiction to determine that
question and to declare by its judgment
whether such right has been Invested.
50 a. to restore the land to the control
OF the government.
Reservoir Sites Protected.
Under the operations of the irrigation
law 50.000000 acres of land believed TO
he susceptible OF irrigation have been
temporarily withdrawn by the secretary.
and the local land offices have been di-
rected. in case OF lands Withdrawn for
irrigation works. such as reservoir sites.
etc. to allow no entries of any kind
whatever within the areas so withdrawn.
until the withdrawal shall have been
modified or revoked.
In timber and stone applications where
no payment for such lands has been
made at the date OF the withdrawal, il
Is held that no segregation has been ef-
fected. no vested interest In the appli-
ant accrued. and consequently the gov
rnment Withdrawals become operativ
1pon such applications. and effect
withdrawal thereof 50 as 10 terminate
the contingent right of the applicant. and
devote the land 60 the objects and pur-
poses of fFe act under which the orders
OF withdrawal We're made
The effect of this decision IS 10 pro-
teCt the government from holdups by
spectators. These Spectators. by ap-
peariug early I'm the sections where with
drawals are made or contemplated. SCI
cure locations on valuable reservoir sites
which they afterwards hold az eEorb tant
prices and mus delay or prevent the
construction Of important irrigation
works by the government.
III IS the general policy of the recjama-
ton service 20 welcome the Development
OF mines in the neignborhood Of govern
ment works and ao obstacle VIII De
placed IN the way OF honest prosp ectors
seeking 10 locate bona fide mineral
claims within the areas withdrawn under
he reclamation act. IT is TeCogn zcd
that the successful development OF mines
in those sections viii furnish an excellent
market for tbe products of the irrigated
lands. The secretary decision is aimed
directly at spectators whose sole pur-
pose is going upon the Withdrawn areas
IS 20 levy tribute upon the government.
and thus retard actual irrigation Jevel-
epment