The Powder River County examiner and the Broadus independent. [volume] (Broadus, Mont.) 1919-1935, 1920-03-26
AGRICULTURAL. ENTRYNAN
HAS ONLY SURFACE RIGHTS
Cover nnlent Makes Reservations ful
Other Rights-NHninx Claimant
Cannot Tt'espass II No Mineral

"uCT HS&nsS-N0uulx NI0llllNut
!. Cannot Tt'espass II No Mineral
Is Discovered.
! Only when mineral has been is
cvered on land that has been filed
on rs agricultural homestead may a
mining claimant establish himself on
/ i, an perfect mining location ,l,nt
i would give him the status of a :ou.
testant for the cancellation Of the
entry. says lette.. received by Jos
eph Oker. rcgiser Of The Helena land
office. rom Clay Tollman, commits
sioner Of the general land office in
Washington.
!, No rights under the public land
laws can he initiated by trespass.
! says the communication. and if no
mineral discovery has been made one
in search of mineral may no. for
| chilly and against the expressed will
OF the homesteader go upon the land
!. to prospect for mineral. Couseuuent
~. the homestead entry guarantees
priority and possessory rights agains,
all but the government.
Not until agricultural; land has
+, been patented can entryman enter
into any lease fer OF, prospectin.
as until patent is issued the title
I still rests in the government
As to land Withdrawn because class
si'ied as containing phosphate. nj
| ira;e. potash. oils. gas or aspha,;;c
minerals, the agricultural entryman
has only the surface rights. the OH
ar rights being retained BY the gov
eminent, to he disposed q. only as
may he providee Ivy congress. The
{. communication says IN part:
+, When the gwen trac: OF land is
lawfully covered by an entry and the
entryman enters into possession Of
the land which is alleged To be non
mineral in character. ,h. rossessory
right 81 the homestead claiman,
. against everyone save the govern
ment Immediately attaches. As this
/ is based npon the assumption that
! the land is sufficient Of iself to Sc
cnre the Homestead claimant against
: a mineral application for the land
Land which is mineral in character
is subject TO location and purchase
/ Under the mineral laws.
\ mining claim may I've located APP
IN land covered by a honest cad 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 Ii sufficient
discovery Of the minerals sought has
been made. mining claimant might
enter peaceahly without force and in
good faith for the purpose Ut per
fecting mining location and thus
acquire IL status which would enable
him To initiate Il contest as to the
character OF the land and il it were
shown to be mineral, secure cancel
lation OF. the entry. II no discovery
Of mineral has been made, one in
search thereof may not forcibly and
asains; the expressed will of the
homestead claimant go upon the land
for the purpose OF prospecting for
mineral.
No rights under the puzzle land
laws can he initiated through tres
pass. Persons seeking Oil leases or
enea ged in oil development on land
included i'll unpatented entries can
not lie leasing from the non mineral
claimant, secure the entcynaR or
the land at any time prior TO patent.
and the entrvman canno prio: to
patent legally enforce the conditions
Of an oil lease on said lands, gwen
by him as he is elasn. something
he does not own.
''On such lands the agricultural
eutvyman Will be permitted to take
patent for the surface but the min
era! in said land viii! be reserved &c
the United States. Agricultural en-
tries on lands coming Within this
class are subject to the act OF July
Il, 1914 tss stat. 509l.
This act provides that the depos
its reserved in agricultural patent.
issued Hereunder shall he subject tt
shall be hereafter expressly directed
by law. Although provisions are
made in the act for the protection o
the surface owner against damage t.
his crops aud improvements on thu
and by reason OF prospecting for