, 1908-04-02

'h'oo III Vi tlito 6ASts III
upon proof that a workable vein
of coal has been discovered upon
the lands applied for and the clas-
sified price for the same as fixed
by the Secretary of the Interior,
in not more than four annual in
stallments, the entryman shall be
entitled to a patent to the lands
applied for, excepting and eserv
ing therefrom, and from the grant,
the surface of said lands, except
as hereinafter provided. But the
failure to make application to EN-
ter and purchase as aforesaid, or
to make any II of the annual
payments within six months after
the same is due, shall constitute a
forfeiture of all the rights of the
entryman to the land and to the
payments already made: Provid-
ed, That the entryman shall be en-.
titled, upon the payment at the
time of making entry, the sum of
50 so cents per acre in addition to
the coal land price, to a patent to
the surface of not to exceed $40
acres of the area entered by him,
to be designated by legal subdi-
visions, and which may be nom
contiguous: Provided further,
That if the land entered shall be
within a forest reserve the entry
man shall be entitled to a patent to
the surface of such portion of the
area covered by his entry as in the
opinion of the Secretary of the In
terror, may be necessary for the
purpose of mining, marketing, and
handling of coal upon payment of
the value of the timber which may
growing on such land, if any, in
addition to the sum of $3.50 an
acre for such surface.
Sec. >. That title to the lands
and deposits purchased under
the provisions of this Act shall be
forfeited to the United States by
proceedings instituted in the courts
for that purpose if the owner of
such title shall tacitly or other
wise enter into any contract, COM
bination in the form of a trust, or
conspiracy in restraint Of trade in
the mining or selling of coal.
Sec. g.. That the United States
shall, at all times, have the prefer
ence right to purchase 30 much of
the products of a mine or mines
opened upon the lands sold under
the provisions of this Act, as may
be necessary for the use of it's
Army and Navy, etc.
Sec. 7. That the surface of all
vacant and unreserved public lands
classified as coal lands under the
provisions of this Act may be dis
posed of under the general provis-
sions of the public-land laws of
the United States which would be
applicable to such surface if it
were not underlaid with coal, but
all patents issued under said laws
for lands classified as coal lands
or within areas known to contain
coal of commercial value shall con-
tain a reservation Of the coal and
other deposits beneath the surface
and a recital of the right of a coal
declarant or entryman to enter up
on and occupy the same for the
purpose of exploration or mining
as hereinafter provided: Provid-
ed, That such entryman may, if he
elect, within one year of the max
ing of final proof and before re-
ceiving patent, apply for an exam
ination, by officers to be designat-
ed by the Secretary of the Inter.
ior, of the lands contained within
his entry for the purpose of deter
mining whether or not they con-
tain workable deposits of coal. and
if upon such examination it shall
be determined to the satisfaction
of the Secretary that such lands do
not contain workable deposits of