The Powder River County examiner and the Broadus independent., 1922-05-19
SNORT TALKS on HOMESTEAD MATTERS
By COLA W. SHEPARD, United States Commissioner
Il SURFACE sEMTRY OF WITHDRAWN LANDS
9f' TALK NO. S.

II ff-sR s'2sffa52'
copyrighted 1924 by Cola W. shep-
srd. Colony. Wyo.. and 1pblishsd In the
Powder River County 0xAminer thru
special arran8ement.J
In our last Talk it was shown how
certain lands are Withdrawn from en-
try under the acts Of Tune 25. 1910.
and August -, 1912. On July II, 1914
congress enacted law which provides
for the entry Of the surface of all
lands which are withdrawn Or classi-
fed as being valuable for phosphate,
nitrate, potash. oil, gas. or asphaltic
minerals. Prior to the passage of this
law, land which was 40 witndrawn was
not subject to agricultural entry. but
was held reserved for tts mineral con-
tent. or supposed mineral content The
purpose Of tho act Of July II. 1914,
was to permit settlers to enter tile
surface Of withdrawn lands and de-
velop their agricul tural possibilities
pending the development Of the min
eral resources Of the land.
The first section Of thfs act pro-
vides that any lands so Withdrawn may
be entered under the non-mineral land
laws Ct the United States. providing
the entry contains at reservation to
the United States of the mineral for
which the lands were Withdrawn or
classified, together with the right to
prospect for, mine and remove the
same.
The second section CT the act pro-
vides for the issuance Of a surface
patent upon proof OF compliance with
the law under which the agricultural
entry Is made. and also provides for
the development Ct the mineral re-
sources and the payment Of damages
to the surface entryman by the min
eral claimant 1t also specifically pro-
vides that a qualified entryman may
present an application for such with
drwn or classified lands without any
reservation of the minerals. providing
the applicant win prove that the lands
are not valuable for such mineral.
1t is to be expected that when
withdrawal Is made 1t may include
lands which are not valuable for their
mineral deposits, because It 10 not the
policy of the land department to make
an exhaustive survey Of the lands be-
fore withdrawing them. Frequently,
are made hurriedly to
conserve supposed mineral deposits,
and later 1t is discovered that only
part of the lands SO withdrawn are
val liable for mineral, so congress made
this provision which enables an ap-
plicant to select lands within with
drawal which are valuable only as ag-
ricultural lands. and make an unlim-
tied gricultural entry by proving that
the lands are not valuable fer min
eral. even though included in a min
eral reserve. The intention of con-
gress was good. but in practice this
does not accompl ish what was sought.
because it is impossible to ''preve"
that lands are non-mineral in charac-
ter. One may prove that no minerals
have ever been discovered on the
lands or near the lands, but that does
not prove that the mineral does not
exist under the surface, and If cne
should drill we'll to a considera BILE
depth in search of oil and not strike
any indications of oil in that well,
still that does not prove that the land
does net contain oil. The oil may be
present at a greater depth. or in 9th
er parts of the land. So this. very
laudable part of the act of July II,
1914. is absolutely useless unless lib
eral official in the land service is
willing to accept such proof as can be
offered and accept unlimited filings.
Absolute proof Is not obtainable.
The acts authorizing the president
to withdraw certain mineral lands
provided that entrymen who were
not in default at the date of such
withdrawal might complete their. en-
tries and obtain patent as If such
withdrawal had not been made. but
the last section of the act of July II,
1914. provides that such entrymen may
complete their entries and receive linn
tied patents to the lands. reserving to
the United States the mineral for
which the withdrawal was made. In
other words. the ent:ymen who ave
not made their final proof before the
date of such withdrawal have nc
greater rights than those who file af-
ter the withdrawal is made. but must
either prove that the land Is non-min-
eral (Which can't be done) or accept a
surface patent. or patent reservine
to. the United States certain mineral
deposits in the land.
The law above described applies moi
only tc, lands which have been with.
drawn. but also to lands which have
been classified" and to lands which
have been reported as valuable fol
certain mineral deposits named above
and the law does not state just what
is meant by lands reported as va.ua'
BILE" for their mineral deposits. Th'
land department has placed Yer.
bread construction upon this last phase
and IL applying this act to all lands
where applications for prospecting
permits are filed under the act of Feb
ruary 25, 1920.
Passing the Apples.