Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-09-22


may be fully advised as to the re-
quirements and limitations of the act
of congress of June %, 1910, ITO
Provide for Agricultural Entries on
Coal Lands" the Tribune publishes
herewith the full text Of the instruc-
tons just promulgated from the gen
eral land Office at Washington and
also the instructions given to reg
listers and receivers for their guidance
in accepting entries and acting upon
cases that may arise, effected by the
new low. AS the Tribune has pre-
viously advised, The whole proposition
in nut shell is that hereafter it is
the policy of the government to re-
tain for the benefit of all, OF the peo-
pie, any coal deposits that may be dis
covered on public lands hereafter ap-
| ,propriated, or to be proved up un-
der the general land laws of the coun-
try. The claimant has only to elect
to take limited or surface patent and
there will be no delay in receiving
title, other regulations as to cultiva-
ton and residence having been COM
piled with.
Instructions Under the Act Approved
June %, 1910 (36 Stat, $3.50, ITO
Provide for Agricultural Entries On
| Coal Lands"
Department of the Interior, General
Land Office, Washington, Septem-
Der 8, 1910.
Registers and Receivers. United
States Land Offices.
The following instructions are is
sued for your guidance in the adj
ministration of the act Of congress
approved June %, 1910 (36 Stat, 5S3),
"An act to provide for agricultural
entries on coal lands" copy of
which is appended hereto.
The Purpose Of the Act.
This act was not designed to op.
crate as an implied repeal of any pro-
vision of the act of March 3, 1909
(35 Stat, 844). There is no incon-
sistency between the two acts, and
both Of them may have harmonious
operation within their proper spheres.
The earlier law provides a remedy in
those cases in which entries, locations
and selections have been or may be
made for lands which, subsequently
to entry, location or selection have
been, or-may be, claimed, classified
or reported as being valuable for
coal, while the latter act permits dis.
positions (therein named) to be
made of lands valuable for coal, not
withstanding that they may have
been previously withdrawn, or class
| 1,se,{@ -
ton Of the later act also affords
relief to those persons who, prior to
June %, 1910, in good faith made
entries, locations, or selections OF
lands which at the date of such en-
tries, location or seleclOns of lands
which at the date of such entries, To-
had been withdrawn or classified as
valuable for coal.
Lands to Which tho Act is Applicable
g. The act applies to unreserved
public lands of the United States in
those states and territories in which
| the coal land laws are applicable, ex-
elusive of the District of Alaska,
which have been withdrawn from
coal entry and not released there
j
! as coal lands or which are valuable
for coal, though not withdrawn or
classified. 1t does not change, re-
peal or modify agreements or treat.
les made with Indian tribes for the
disposition of their lands, or apply to
lands coded to the United States to
! be disposed of for the benefit of
such tribes.
3. Original entries made under the
provisions of the act or validated and
| confirmed thereby.
(a) Section l of the act provides
that from and after it's passage, the
unreserved public lands of the Unit
ed States, exclusive of Alaska, which
have been withdrawn or classified rs
coal lands, or are valuable for coal,
shall be subject to apportionment en-
try under the homestead laws. by
actual settlers only, the desert land
law, selection under section of the
act approved August 10, 1894, known
as the Carey Act, and to withdrawal
under the act approved June II, 1902,
known as the reclamation act, when
ever such entries, selections, or
withdrawal shall be made with a
view of obtaining or passing title,
with a reservation to the United
States of the coal in such lands and
of the right to prospect for, mine and
remove the same; but that no desert
land entry made under the provisions
of this act shall contain more than
100 acres, and that all homestead en-.
tries made hereunder shall be sub
ject to the conditions, as to resi-
dence and cultivation, Of entries pro-
vided for under the act approved
February 10, 1909, entitled, An act
to provide for an enlarged home
stead
Section 2 of the act provides that
any person desiring to make entry
under the homestead laws Of the des'
ert land law, any state desiring to
make selection under section Of the
act of August IS, 1894, known as the
Carey act, and the secretary of the in
terror in Withdrawing under the rec
lamation act lands. classified as coal
lands, or: valuable for coal, with
view of securing or passing title to
the same in accordance with the pro