The Powder River County examiner and the Broadus independent. [volume] (Broadus, Mont.) 1919-1935, 1922-05-05
3oou TANKS oo no0leSJEO MATTERS
BY COLA W SHEPARD United States Commissioner
CONGRESSIONAL HxIcur1vr WITHDRAWALS
TALK NO. So

tCopyrishtsd 1881 by Cola ". shep-
Pov1er River Counay 1xamiaer thru
speoaa1 arTaugeDooeI
The constitution Of the United states
gives congress absolute authority over
tho public lands of the United States.
to- retain and mango. or to dispose OF,
AZ from time to time may seem advts-
able. Congress may enact or may re-
peal any and all land laws. and may
dispose Of the public dOmtn in any
manner thta shall not be contrary to
the constitution; or congress may re-
peal any and all laws providing for
the disposal OF the public domain and
may retain the public land: or con-
gress may withhold certain portions
ct the public domain from disposal
under the land laws.
In the past. congress has enacted
many laws regarding the public lands
Some provided for the disposal Of the
public lands and some withdrew GER
tain lands from entry or selection un-
der the land laws. holding such lands
for public use. In this way many ma
tional parks and reserves CT various
kinds were created from time to time
As the power of congress in with
drawing lands from settlement and
entry is not limited. the acts of with
drawal usually contain provisions ex-
empting from the operation OF the
withdrawal certain lands upon which
rights of settlement or entry may have
attached.
Congress not only has the right to
IA N1<p
or settlement. but it has the right to
delegate this authority to ether agen-
cies. and several laws have been pass
ed auhorizing the president of the
United States to withdraw land from
entry or settlement under certain con-
dition. The act Of June IS. 1910.
authorizes the pres dent. at any time
within his discretion. to withdraw
from settlement, location. sale or en-
try. any Of the public lands of the
United States includ ing the district of
Alaska. and to reserve the same for
water-power sites. irrigation. class-fii
cation of lands. or other purpose to be
specified in the order Of withdrawal.
and such Withdrawals shall remain in
force until revoked by him or by an
act OF congress.
On August 81. 1912. this act was
amended. and as it now stands such
Withdrawals made by the president
shall remain open to exploration. dis
covery. occupation and purchase un-
der the mining laws of the United
States far as they apply TO metal
liferous minerals tnot to coal, oil. gas
or phosphates). A person may go
upon such withdrawn lands at any
time to prospect for gold, silver tin.
lead. etc. and may locate mining
claims upon such withdrawn lands
after they are withdrawn.
As to oil and gas on such lands
which are withdrawn by the president.
this law permits those who are ctu-
ally claiming or occupying such lands.
and who are at the date of the with
drawal diligently prosecuting the
work OF discovery. to continue such
work and to complete their claims.
hut they must keep everlastingiy at
1t in order to avail themselves of this
right. If they cease work fer any
length of time they will lose all claim
to the land and may not then .egin
again or resume the work.
This act also stipulates that bona
fde homestead and desert land entry
men whose lands are Included in
such executive withdrawal shall be
permitted to complete their entries
and receive patent fer the land if
the withdrawal had not been made.
hut like the oil claimants. such en-
trymen must not be in default on the
date Of withdrawal and must reside
upon, cultivate and improve their
claims as required by law. If they
fail to fully comply with the law they
lose the benefit Of the exemption com
tanned in this act. and therefore lose
their land. and they will not he per- |;
mitted to refle T. to make up lost !
time
While this act permits the president |
TO withdraw any land. at any time, |
and for any purpose. it is specified |
that no more land shall be withdrawn |
az forest reserve in California, Oregon
Washington. Idaho. Montana. Colo
RADIO or Wyoming. except by an act |
of congress.
This act has been still further mod
flied by a later act which will be dis
cussed in next weeks Short Talk, and |
the mineral leasing law which vas
passed on February %, 1890. also ap.
plies to withdrawn lands and must be
considered in connection with -ther
legislation regarding the withdrawal
of public lands from entry. These la
ter laws have changed the ones dis
cussed above to such an extent that
1t is now necessary to study all these
laws in order to understand what can
and what cannot be done with respect
to land which has been withdrawn by
executive order