The gazette-times. [volume] (Heppner, Or.) 1912-1925, 1917-01-11


shall have for ninety days after tn
designation of lands subject to en-
try under the provisions of this &C
and contiguous to those entered o
owned and occupied by him the pre-
ferential right to make additiona
entry as provided in this act: Pro
yided, That where such lands con
| tiguous to the land of two or NOR
entryman or patentees entitled to ad
ditional entries under this section ar
not sufficient in area to enable sucl
entryman to secure by additional en-
try the maximum amounts to whicl
they are entitled. the Secretary o
the Interior is authorized to make al
equitable division of the lands amonl
the several entryman or patentees ap
plying to exercise preferential rights
such division to be in tracts of no
less than forty acres, or other lega
subdivision, and so made to eQualiz
as nearly as possible the area whicl
such entryman and patentees will &C
quire by adding the tracts embraced
in additional entries to the land
originally held or owned by them
Provided further, That where but on,
such tract of vacant land may adjoil
the lands of two or more entryman OF
patentees entitled to exercise pre-
ferential right hereunder, the trac
in question may be entered by the
person who first submits to the loca
land Office his application to eXer.
else said preferential right.
That all entries made and patents
issued under the provisions of this
act shall be subject to and contain
a reservation to the United States 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 be 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
Any person qualified to To-
cate and enter the coal or other mine
raj deposits, or having the right at
all times to enter upon the lands
entered or patented, as provided by
his act, for the purpose of prospect
ng for coal or other mineral therein
provided he shall not injure, damage,
,r destroy the permanent improve
nents of the entryman of patentee
or all damages to the crops on such
ands by reason of such prospecting.
Any person who has acquired from
he United States the coal or other
deposits in any such land,
,r the right to mine and remove the
anne, may reenter and occupy so
much of the surface thereof as may
,e required for all purposes, reason
lbly incident to the mining or re-
noval of the coal or other minerals,
lrst, upon securing the written con-
ent or waiver of the homestead en-
ryman or patentee; second, upon |
he payment of the damages to crops |
+ other tangible improvements to |
he owner thereof, where agree
1ent may be had as to the amount
hereof; or, third, in lieu or other
t the foregoing provisions, upon
he execution of good and sufficient
ond or undertaking to the United !
tates for the use and benefit of the
ntryman or owner of the land and to
ecure the payment of such damages
f the crops or tangible improve
tents of the entryman or owners, as
lay be determined and fixed in an ac-
ion brought upon the bond or un
ertaking in court of competent
lrisdiction against the principal
nd sureties thereon, such bond or
to be in form and in ac-
ordance with rules and regulations
rescribed by the Secretary Of the
Interior and to be filed with and ap-
roved by the register and receiver
the local land Office of the district
herein the land is situate, subject
} appeal to the Commissioner of the
eneral Land Office: Provided, That
II patents for the coal or other mine
al deposits herein reserved shall
ontain appropriate notations de-
laring them to be subject to the pro-
isions of this act with reference to
he disposition, occupacy, and use
the land as permitted to an
ntryman under this act.
Sec. 10. That lands containing
,ater holes or other bodies of water
eeded or used by the public for wat
ring purposes shall>not be designat-
under this act but may be reserv-
d under the provisions of the act of
une twenty-ffth, nineteen hundred
nd ten, and such lands heretofore
r hereafter reserved shall, while SO
eserved, be kept and held open to
he public use for such purposes un-
er such general rules and regula-
ions as the Secretary of the Interior
lay prescribe: Provided, That the
ecretary may, III his discretion al
) withdraw from entry lands neces-
ary to insure access by the public
, watering places reserved hereun-
er and needed for use in the move
tent of stock to summer and winter
anges or so shipping points and may
rescribe such rules and regulations