The new era. (Walden, Colo.) 1906-19??, 1909-03-18
Editorial.
SURFACE RIGHTS BILL A LAW

SURFACE RIGHTS BILL A LAW
The Mondell bill to protect the sur
face rights of entrymen has become a
law and is second only in importance to
the $780, acre homestead act. With some
notifications more clearly defining the
rights of entrymen, the measure is as
follows:
THAT any person who has in good
faith heretofore located, slected or en-
tered under the non-mineral land laws
of the United States any lands which
subsequently are classified, claimed or
reported as being valuable for coal. may,
if he shall so elect. and upon making
satisfactory proof of compliance with
the laws uuder which such lands are
claimed, receives patent therefor, which
shall contain a reservation to the United
States of all coal in said lands, and the
right to prospect for, mine, and remove
the same. The coal deposits in such
lands shall be subject to disposal by the
United States in accordance with the
provisions of the coal-land laws in force
at the time of such disposal, but no per
son shall enter upon said lands to pros.
pect for, or mine and remove coal there
from, without previous consent of the
owner under such patent. except upon
such conditions and to security for and
payment of all damages to such owner
cauced thereby as may be determined
by court of competent jurisdiction:
Provided, That the owner under patent
shall have the right to mine coal for use
on the land for domestic purposes prior
to the disposal by the United States of
the coal disposit; Provided further, That
nothing herein contained shall be held
to effect or abridge the right of any
locator, selector, or entryman to a hear.
ing for the purpose of determining the
character of the land located, selected,
or entered by him, and t. q patent with
out reservation if the land shall be de
termined not to be chiefly valuable for
coal, or to abridge or to deny the right
of any entryman who has earned a title
to the land covered by his entry to a
patent without reservation"
The act does not take from the non
mineral entryman any rights he now
possesses, but gives him the opportunity
to elect, if he sees fit to do So, to take a
patent to his land with reservation in
he United States of the coal in all cases
where the character of the land has
been called into question In a favor
able report upon the bill the house com
mittee on public lands, of which Mr.
ing statements:
SHOULD this bill become law the
probability is that considerable mum
Der of entry men. tho character of whose
challenged, would Immediately elect To
take title with reservation, rather
than demand and pay the expence of
hearing before the register and receiver
of the land office to determine the char
acter of the land. These hearings in
volve an expense Of all the way from
$50 to as high as $500 or $500 or POSSIBLY
$500 for each entry of 100 acres of land
In many cases the entrymans financial
condition precudes the possibility of his
making u defence at such Il heating
In other cases the entrym would con
slider that this land WAS not sufficiently
valuable to Warrant the expenditure
necessary, or condition o. ln,eri,
Joined with one vi small v;iiue ia tht
claim would often exist, and II, sucti
cases the entry nan wuuiu axe las pa
ent with "a reservation
While IA certain class o' -ntrN me,
would take their limited title ratht =
than demand heaIia4, the proDipuii;y
is that the majority of entrymen woulo
insist upon a hearing, and IN some OF
such cases the land would no doubt bs
held by the department to be valnabl.
for coal. These men, il they have no
legislation, would ultimately lose their
lands and Improvements, and it is inn
perative that legislation for their relief
be had.