The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1913-06-21
Digest OF RECENT
LAND DECISIONS
Isolated Tracts.

AottdtCA AkdSto.
The act of June 81, 1906, empowers
the commissioner to make under the
direction of the secretary, such re-
quirements as to sales and applica-
tions under said act as may, in their
judgment, best conserve the public in
terest.
/ The commissioner is not by this act
required to expose for sale any such
tract of land, but he may do so and
may do so in such manner and to
such end as he may determine sub
ject to the secretary's supervisory
power, to be advisable and proper.
Mining.
*An adverse claim by a corporation,
verified by its executive officer out
side of the land district where the
claims involved are situated, but at
its principal place of business, is
within the meaning and intent of the
law the act of the corporation itself.
1t was the purpose and intent of
congress in enacting the mining laws
that corporations should be permitted
to enjoy the full benefit Of those laws
and that same might be obtained as
would necessarily be the case with
corporations, through the acts of
their officers and agents.
j When land embraced in a mining
i location has been, as the result of
hearing formally adiudicated by the
land department to be valuable for
mineral its character will not again
he inquired into, except on the charge
i the exploration and development,
made subsequent to the formal hear
ing or trial, had shown the land to
be non-mineral or that the previous
adjudication was based upon fraud or
mistake such as would clearly iusti-
/ fly further inquiry. Citing (2S l..
D34s).
*When a coal land applicant is
seeking to purchase, at price fixed
by former appraisement, land which
has been reappraised at a higher
price, the regulations of the depart
ment must be strictly enforced. In
such cases the department would only
be warranted in disposing of the
lands at the lower price when proceed
ings had been lawfully initiated and
followed up in strict accordance with
the coal land laws and regulations.
The act of August A. 1892, applies
to lands "that are chiefly valuable
for building stone.' Whether or not a
specific tract of land is locatable and
disposable under the provisions of this
law, depends upon the character and
relative value for stone and other pur-
poses of THAT TRACT; and not up
on what may have been said in some
other case with respect to another
tract of public land.
r., oonN;at.,,r s,,rxvax,o oil L,oxr.. ~
definitely identified natural or arti
fetal monuments will be given con
trolling effect over courses and dis
tances in case of disagreement
While the appraised price returned
by the Geological Survey will be tax
en- as the prima facie value of the
land in coal deposits yet this will not
preclude the establishment of a high
er value for its coal by proper and
complete evidence, upon further hear
ing.
Mineral springs, having medicinal
properties are not loeatable and pat
entable under the mining laws.
Where such springs are within nation
al forests they may be leased to per
sons and corporations for the estab-
lishment of health and pleasure re-
sorts.
Note-These digests are compiled
by William w. Wright, of the District
of Columbia bar. Citations furnished
free. Stenographic copies at cost
Indicates the most important de-
eisions.
Supplemental Briefs-We desire to
call attention of the profession TO the
fact that when a case has been prop
erly appealed under the rule sup lie
mental briefs may be filed and the
same will be considered, provided such
briefs are filed before the case is ac-
tually taken up for immediate ;on-
sideration.
AS associate attorneys for man, of
our correspondents, we file a number
of supplemental briefs in which we
have opportunity to cite the very lat
est unpublished decisions. These
briefs are particularly valuable whcra
the question at issue are "close.*o
Address all communications to
Clark & Wright, Washington Loan &
Trust Building, Washington, d. C.
Speeialty-Asosciate work for non
resident attorneys.