Semi-weekly herald., 1911-01-30
THE GLAssNER CASE.

| Perkins & Main, attorneys for vii.
| liam Glassner. are much gratiiied at
the ruling of the secretary in sus.
taining their appeal and reversing the
commissioner of the general land OF.
| flee in his decision in regard to en-.
tries on the Southern Ute reservation
They are just in receipt of copy of
the secretary's decision. which reads
as follows:
"The act of June %, 1910. entitled
AN Act to provide for agricultural
entries on coal lands, declares that
from and after the passage 'unreseryed
public lands in the United States, ex.
elusive of Alaska, which have been
withdrawn or classified as coal lands,
or are valuable for coal. shall be sub
ject to appropriate entry under the
homestead laws by actual settlers
only the desert land law. to selection
under the Carey act, and to withdraw
al under the reclamation act wher.
ever such entry, selection, or with
drawal shall lbe made with view of
obtaining or passing title. with res
ervation to the United States of the
coal in such lands and of the right to
prospect for, mine and remove the
same
1T is provided in section of this
act that 1t shall be stated in the
application for entry, selection, or no
| "a
made in accordance with and subject
to the provisions and reservations OF
this act
The terms public domain and pub
lie lands are usually synonymous
The supreme court of the United
States, speaking through Mr.. Justice
Brewer, in the case OF Barker VS..
Harvey GS1 U. s., 4S1, 49O), said:
Public domain" is equivalent to
public lands" and these words have
acquired "A settled meaning in the leg
lislation of this country. THE words
public lands are habitually used in
our legislation to describe such as are
subject to sale or other disposal un--
..
ger, 92 U. s.. 7S1. 163.'
There is nothing on the fact of the
act of June %. 1910. that suggests any
Ifnapplicability of its terms to these
ceded Indian lands. 1t being appar.
ent that the homestead, desert land,
land Carey act statutes are operative
upon the agricultural lands on the one
hand, and the coal land laws applica.
BILE to the Southern Ute coal lands
on the other (are as subject to the
latter form of disposition being neces.
sarily excluded under the general laws
from the operation of the former), no
good reason Is perceived or support
found for denying the operation of the
act of June %. 1910, upon these South.
ern Ute lands, which act accomplishes
blending of the two classes of dis
position-the agricultural and the coal
The department accordingly holds
that the provisions of the act of June
~, 1910. are applicable and operative
upon the coal land or those lands
Withdrawn or classified as coal. and
otherwise unreserved, situated within
the former Southern Ute Indian res.
ervation.
'lnasmuch as the commissioner has
considered the sentence quoted from
the instructions of Sept 8, 1910, supra,
as departmental preadjuciation of
this question. necessarily binding upon
THIS office, that sentence should DO
eliminated from the Instructions SO
that no difficulty will hereafter be
encountered in the free interpreta.
ton and proper application of the sew.
eral statutes affecting the disposition
OF ceded Indian lands, as cases may
arise.
"A circular will be prepared for the
purpose OF making the modification
above mentioned.
"Glassner's homestead application
herein question, when amended by
having noted across the face thereof
the Following: Application made in
accordance with and subject to the
provisions and reservations OF the act
or June 20, 1910 (36 Stat, $780, as
is required by paragraph Z. subdivision
a, of said instructions of Sept. 8, 1910,
VIII be allowed In the absence OF
other objections
The commissioners decision is ac-
cordingly reversed, and the homestead
application Will be remanded to the
local officers for further proceedings
FRANK PIERCE,
First Assistant Secretary"