Arizona republican., 1904-02-01
A Decision Which Will Be of
 interest to Mining Men
UNLESSTHLEISCOMPLETE
Properties Located on Land Required for Irrigation Works and Which Has Been Withdrawn From Entry Are Also Withdrawn.

Washington. Jan. 31.-(Special to The Republican.)-The secretary of the interior has rendered a decision defining the status of mining claims upon lands withdrawn for reservoir sites or permanent works under the irrigation law, which is of the ut most importance to locators in the arid states.
 He holds that the withdrawals made under the authority of the act of June r. 1902, of lands which in his judgment are required for irrigation works contemplated under the pro- visions of said act, have the force of legislative withdrawals, and are therefore effective to withdraw from other disposition all lands within the designated limits to which a right has rot vested. The purpose to confer up- on the secretary of the interior such power is further manifested by the authority given him to withdraw frcm entry, except under the homestead law (the only class of entry specially excepted), any public lands believed to be susceptible for irrigation from such works, and directing that such
 lands shall not be disposed of except under the homestead law and in tracts of such area, by legal subdivisions. as in his opinion may reasonably be re- quired for the support of a family.
 In his opinion no right is vested in the locator of a mineral claim until final proof has been submitted and the purchase money paid. Until such time no right is acquired as against the government which would deprive congress Of the power to dispose of the land. Unless claimant to lands covered by such withdrawals had ac- quired a vested interest in the land. so as to deprive congress of the DOW CT of disposition and control over tae same. il would be subject to the ope- rations of such withdrawals
 With reference to the character of rights acquired by claimants to lands under the mineral laws, the secretary quotes the court decision in Benson Mining company vs. Alta Mining com pany CHS U. &. 428-43O
 By the mining laws of the United States three distinct classes of titles are created: l. Title in fee simple. ?. Title by possession. 8. The com plete equitable title The first vests in the grantee of the government an indefeasible title. while the second vestsNa title in the nature of an case ment only. The first, being an abso- lute grant by purchase and patent without condition, is net defeasibIe. while the second. being a mere right of possession and enjoyment of profits without purchase and upon condition. may be defeated at any time by the failure of the party in possession to comply with the condition. viz. to DerfCrm the labor or make the annual improvements required by the statute The equitable title accrues immedi- ately upon purchase. for the entry entities the purchaser to a patent. and the right to a patent once vested is equivalent to a patent issued
 After a complete equitable title, has vested, the United States can no longer exercise ownership over the property. but it will be seen that a possessOry right may also be acquir- ed under the mining laws, which is a vested right, although the acquisi- tion of title is not contemplated Such a right however, is subject to be 6ivestsd by failure to comply with the law, and the land department has Jurisdiction to determine that question and to declare by it's judgment il. so as to restore the land to the con trcl of the government.
 Under the operations of the rri- gation law 3OOO0,0C0 acres of land be- lieved to be susceptible of irrigation have been temporarily withdrawn by the secretary, and the local land off cers have been directed, in case of lands withdrawn for irrigation works. Gnch 1 rpcprUoi,. cifoc to no entries of any kind whatever with in 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 a the date of the with drawal it is held that no segrega ton has been effected, no vested interest in the applicant accrued, and conse- Guently the government withdrawals become operative upon such applica- tions, and effect a withdrawal thereof so as to terminate the contingent right of the applicant, and devote the land to the objects and purposes of the act under which the orders of withdrawal were made.
 The effect of this decision is to pro- tect the government from hold-ups by spectators. These spectators by appearing early :n the sections where withdrawals are made or con templated, secure locations on valu- able reservoir sites which they after wards hold at eXorbitant prices, and thus delay or prevent the construc- tion of important irrigation works by the government. It is the general policy of the reclamation service to welcome the development of mines in the neighborhood of government works, and no obstacle will be placed in the way of honest prospectors seeking to locate bona fide mineral claims within the areas withdrawn under the reclamation act It is recognized that the successful devel- Opment of mines in those sections willi furnish an excellent market for the products of the irrigated lands. The decision is aimed directly