The Tucumcari news and Tucumcari times. [volume] (Tucumcari, N.M.) 1907-1921, 1917-01-18

| WI ilp 1859 tttfi y ,ot VI Stttt
legal subdivision, and so made as to
coualize as nearly as possible the area
which such entrymen and patentees
will acquire by adding the tracts en-
braced in additional entries TO the
lands originally held or owned by them
PROVIDED, further, That where but
one such tract Of vacant land may adj
join the lands of two or more entry
men or pantentees entitled to exer-
else preferential right hereunder. the
tract in question may he entered by
the person who first submits to the To-
cal land office his application to exer-
else said preferential right.
Section o. That all entries made
and patents issued under the provi-
sions of this act shall he subject to
and contain n reservation to the Y. 8.
Of all the coal and other minerals in
the lands so entered and patented. to-
gether with the right to prospect for,
mine, and remove the same. The coal
and other mineral deposits in such
lands shall he subject TO disposal by
the United States in accordance with
the provisions Of the coal and mineral
land laws in force at the time of such
disposal. Any person qualified to To-
cate and enter the coal or other min
eral deposits. or having the right TO
mine and remove the same under the
laws Of the United States. shall have
the right at all times TO enter upon
the lands entered or patented. as pro-
vided by this Act, for the purpose of
prospecting for coal or other mineral
therein, provided he shall not injure.
damage, or destroy the permanent i'm
provements of the entryman or pat
entee. and shall be liable to and shall
compensate the entryman or patentee
for all damages to the crops on such
lands by reason of such prospecting.
Any person who has acquired from the
United States the coal OF other min
ercI deposits in any such land, or the
right to min" and remove the same,
may reenter and occupy so much of
the surface thereof as may be reouir-
ed for all purposes reasonably incl
dent to the mining or removal of the
coal or other minerals. first. upon Sc
curing the written consent or waiver
of the homestead entryman or paten-
tee; second, upon payment Of the dam.
ages to crops or other tangible i'm
provements TO the owner thereof,
where agreement may be had as to
the amount thereof; or. third, in lieu
of either of the foregoing provisions.
upon the execution of a good and suf-
ticient bond or undertaking to the Uni
ted States for the use and benefit Of
the entryman or owner of the land. to
secure the payment of such damages
to the crops or tangible improvements
of the entryman or owner. as may be
determined and fixed in an action
brought upon the bond or undertaking
in a court of competent jurisdiction
against the principal and sureties
thereon. such bond or undertaking to
lie in form and in accordance with
rules and regulations prescribed by
the Secretary Of the Interior and to be
filed with and approved by the regis
ter and receiver Of the local land office
Of the district wherein the land is sit
uate. subject to appeal to the Commits
sioner Of the General Land Office;
PROVIDED. That all patents issued
for the coal or other mineral deposits
herein reserved shall contain appro-
pirate notations declaring them to be
subject to the provisions of this Act
with reference to the disposition, oc-
cupancy. and use of the land as per
mitted to an entryman under this Act.
Section 10. That lands containing
water holes or other bodies nf water
needed or used by the public for wa
tering purposes shall not he desie-
mated under this Act hut may be re-
served under the provisions Of the Act
Of June twenty-ffth. nineteen hundred
and ten, and such lands heretofore or
hereafter reserved shall. while so re-
served, he kept and held open to the
public use for such purposes under
such general rules and regulations as
the Secretary Of the Interior NAV pre-
scribe; PROVIDED. That the Score
tary ma" IN his discretion. also with
draw from entry lands necessary to
insure access by the public to watering
places reserved hereunder and needed
For use in the movement Of stock to
summer and winter ranges or to shin.
ping points. and may prescribe such
'HltS anu T"epulallOnS as may ne nee
essarv for the proper administration
and use Of such lands; PROVIDED,
further. That such driveways shall not
he of greater number or width than
shall be clearly necessary for the pur-
nose proposed and in no event shall
he more than one mile in width for n
driveway less than twenty miles In
length, not more than two miles IN
width for drivewavs over twenty and
not more than t~hirty-fve miles in
length and not ove five miles in width
FOR driveways owe thirty-fve miles in
length: PROVIDED further. That all
stock 50 transported over such drive
ways shall be moved an average of
not less than six miles per day for
cattle and horses.
Section II. Tha, the Secretary Of
the Interior Is hereby authorized to
make necessary rules and regulations
in harmony with the provisions and