The circle banner. [volume] (Circle, Mont.) 1914-1939, 1917-12-14
HOMESTEAD RULES
IN REGARD TO OIL
Commissioner C. T0IIman Cites
Laws Covering Mineral in
Government Land

eT IOllIUdn VI lDC SChCi oi 'oAiN SNNN~S
at Washington, d. c., in regard to oil
well promoters attempting to coerce
homesteaders into signing oil leases
on their land, has been received by the
register and receiver of the local land
office. Commissioner Tollman ex-
plains in detail the workings of the
homestead laws in regard to land
which contains mineral deposits. The
letter follows:
'T have your letter stating that in
exploration for oil, wells that are being
drilled in the vicinity of L. N, K.
% E., S., R. % E., and s., Il. Il
E., NJ. P. NJ: that report has been re-
ceived from various homesteaders in
the vicinity of Broadyiew stating that
they have been threatened by the per-
sons in charge of the well there that
unless leases are Immediately signed
by them, the oil operators will take
forcible possession of their claims and
begin to sink wells
Operators Threaten Entrymen.
"And that you are informed by
homesteaders that persons claiming to
represent oil operators have threaten
ed the entrymen that unless leases
were promptly executed on their lands,
complaint would be made to your Of
flee about them and that their entries
would be cancelled, and they would
not be able to obtain patent; that on
the contrary, if the leases were exc
cuted these oil operators would see
that everything was all right and that
the entryman procured his title with
out molestation, including the right
to the OIL
with your letter you submit copies
of letters concerning this matter and
request instructions for the guidance
of entrymen on non-mineral entries.
In reply thereto you are advised:
''First-As to lands not classified as
mineral and not withdrawn, CLASH
fled, or reported as containing phos-
phate, nitrate, potash, oil, gas or as
phaltic minerals:
''When a given tract of land is law
fully covered by an entry and the
entryman enters into possession of the
land which is alleged to be non-min-
eral in character, the possessory right
of the homestead claimant against
everyone, save the government, i'm
mediately attaches. AS this is based
upon the assumption that the land is
nOn-mineral in character, it is not suf-
ficient of itself to secure the home |
ctnad rot frS rninaraI
plicant for the land. Land which is |
mineral in character is subject to To- |
cation and purchase under the mining |
laws. A mining claim may be located |
upon land covered by a homestead en-
try but such location is void unless a
sufficient discovery of the minerals
sought has been made to justify an
ordinarily prudent person in proceed
ing to develop same. If sufficient dis
covery of the minerals sought has
been made, mining claimant might
enter peaceably without force and in
good faith for the purpose of perfect
ing mining location, and thus acquire
initiate a contest as to the character
of the land and if it were shown to
be mineral, secure cancellation of the
entry. If no discovery of mineral has
been made, one in search thereof may
not forcibly and against the expressed
will of the homestead claimant go upon
the land for the purpose of prospecting
for mineral. No rights under the pub
ic land laws can be initiated through
-respass. Persons seeking oil leases
Or engaged in oil development on land
included in unpatented entries can
lot by leasing from non-mineral claim
INT, secure the entryman or them
selves in the right to the oil in the
and at any time prior to patent, and
he entryman cannot prior to patent
egally enforce the conditions of an
Ill lease on said lands, given by him
is he is leasing something he does not
,wn.