The Powder River County examiner and the Broadus independent. [volume] (Broadus, Mont.) 1919-1935, 1922-05-12
Copyrighted 1921 by Cola W. Shep-
ard. Colony. Wyo.. and published In the
Powder River County Examiner thru
special arranEemenr.J

The act of July II. 1914. which was
discussed in the last Talk, is entitled
can act to provide for agricultural
entry of lands withdrawn, classified
or reported as containing phosphate.
nitrate, potash oil, gas or asphaltic
minerals" Prior to the passage Of
that act all land which was of a min
eral character, CIR was reported as be-
ing valuable for it's minerls, was not
| subject to entry under the agrlcul-
tural public land laws. such as the
homestead. desert. and timber and
stone laws. All of these non-mineral
public land laws contain clauses linn
iting their application to lands which
are non-mineral in character, and the
applicant hereunder must make affi-
davit to the non-mineral character CT
the lands at time of filing. Another
set Of laws, known as the United
States Mining laws, made provision
for entry of the various kinds of min
eral lands, and under these mining
laws the entryman eventually obtain
ed patent to- the surface of the land
as we'll as the mineral content. 1t was
not considered that land might be val
| liable for the mineral content under
| the surface and also valuable for the
agricultural crops which might be pro-
duced on the surface without interfer-
| ing with the development of the min
eral resources.
The act of July II. 1914. permitted
| agricultural entry Of the surface of
| certain mineral lands. with a reserva-
ton of the minerals to the United
States, and also withdrew such min
eral deposits from every form of en-
try then existing. The law reads in
part. "such deposits to be subject tC
disposal by the United States only as
shall be hereafter expressly directed
by law" Under this law only lcnds
which had been withdrawn. classified
or reported as mineral lands could be
separated and the surface taken by
one entryman while the mineral was
reserved for another. and in all cases
the surface entryman was first. for ii
there were a valid mineral entry or
the land it carried with it the full
surface rights. and SC the agriculture
claimant might only select land!
which had been termed mineral land!
but which had no neral entries GOV
ering them.
On February %, 1920, after lon:
fight in congress, there was enacte,
what is known as the Mineral Leas
ing Law" which provides for the min
! ing of certain minerals under leas
from the United States instead Of per
. hitting the entryman to have the min
. erals outright. This law net only Gov
ers the minerals in all lands whic
may have been enterd under the pro
visions of the act Of July II. 1914. bu
1t applies to nearly all public land
which contain the minerals enumerat
ed. and under it's terms the m'nera
claimant may come either before O
after the surface entryman. Both law
: require the surface entryman to Sc
to the mineral claimant SC, much Ian
j, as may be needed for the development
of the mineral resources Of the ian,
3 and make the mineral claimant re
sponsible to the surface entryman f.
any and all damage to his CROWN
Y crops by reason CT the mining opera
lions.
:. As the laws are now being intel
3 preted any person may go upon til
i public domain and select tract {
: land which he believes might contai
one or more CT the minerals mentiOne
. in the leasing law and make applies
o ton for a prospecting permit undo
!. this law. In so doing he reports
4 this land as valuable for these mine
i ais. and all agricultural entries the
existing on the land or later place
thereon must be made pursuant
the provisions of the act Of July
1914. because the land has then be-
reported as valuable for these mil
3 eral deposits.
In these Talks it is not the purpo
to discuss the merits or demerits
d the various land laws, but rather