The Powder River County examiner and the Broadus independent. [volume] (Broadus, Mont.) 1919-1935, 1922-05-26


Ss:es Nv W. 81. 81 ssssee' y .s f.:
soeeaoa aeTaAge0o0GS
The mineral, leasiu9 law has now
bsen In operation long snoush for the
hnd department 70 giso mature con-
alteration to many of tie cases arising
under it, provtsicas, and we have q
number Of decisione setting forth the
departments interpretation Of this
law. ~
In . ease rscently decided 1t was
held that when tie department has
issusd : permit - prospect for oil
and gas the psrmittee - not subject
to ccnte1t or protest for failure to
fulhll the terms Of permit. The min.
eral leasing law makes no provision
Tor contests or protests and the de-
partment has decided that the matter
Of canceling such . permit rests en-.
tirely with them. Another reason fer
denying the right q lseotest against
such . permit 10 beGEe there is no
authority to grant tas snccesssul
contestant . prefs9fn a. st to ap-
was being considsrd risa. sssa depart
ment the ccntestants kceIs4 to have
an existing permit 1E3Yd 20 that
he might apply Tor ape, dhit. 1t may
be that cases will arise In which the
contestant can show that he has
some right or interest In the land un.
der some other law. and that in such
case the contestant may be allowed
to show why the permit should be Get
aside. but unless some exceptional case
arises, the general rule win prevail
that an oil and gas prospectingt per-
init 10 not subject In contest.
1t has also been decided that ex.
service men have no preference rights
under the mineral leasing law, but
must take their turn with other ap-
pNcants. Congress has granted 30
many preference rights and special ia
vors to our soldier boys that We are
apt to think ex-service men can have
anything they ask for from the land
department. without wishing to
abridge the rights Ct -ex.oorvice men
the department cannot lnd any law
showing them any partiality in the
matter OF prospecting permits and
leases and has 50 decided.
any people who have procured oil
leases and 1t necessary to borrow
money with which to conduct their
drilling operations. and the question
has arisen a. to whether or not a
mortgage might be given on the lease
~ security for the borrowed money.
ana II &C. whether It were necessary
to obtain the consent Of the secretary
OF the interior. In passing on this
point the department has held that no
lease shall be mortgaged without the
consent Ct the secretary Of the in.
terior. but the lease may be put up
a. collateral security with the under-
standing that no Assignment will be
made without the consent OF the sec.
rotary Of the interior.
The present attitude Of the land de.
partment with DeGard to the mineral
Teasing law seems to be very liberal
The law was passed fer the purpose
or inducing the exploration ana devel-
opment OF the mineral resources OF the
United States. and the land depart.
ment IL disposed to issue permits with.
out undue regulations and to give
permittees every opportunity to 60 on
to the land and conduct their prospect
Ing work. There 10 naturally some
CONFLICT between the interests Of the
mineral prospectors and agricultural
claimants. and the land department 10
called upon frequently to decide be.
tween the two classes. Tc' the agri.
cultural claimants some Of the deci.
sions seem to favor the mineral claim
ants rather than the agricultural
bered that the laws permitting the
agricultural entry OF public lands spe.
ctmcally require that the land entered
haI ~ -
1t be classified. withdrawn. or report.
ed 40 mineral lands the agricul tural
entryman must make his entry subject
to the reservation Of the mineral
rights. Because in the past some land
has been patented under the non.min-
eral public land laws which subse.
quently proved to be valuable for it,
mineral content. does not signify that
these laws provide for the acquisition
OF mineral lands.
try he swears that the land 10 non.
mineral in character. He will not be
allowed to file unless he does 20. After
that he can hardly be heard to claim
any interest in and to the minerals
which may be contained in the land.
However. IL his entry be made under
sss~ SOsss~S ssVssSOSC0U law W OuO0C
the enlarged homestead law. and he
To- able to offer ANAL proof before the
land 10 withdrawn. classified or re.
ported 40 mineral in characterize may
receive . bedrock title to the land,
and IT. minerals are later discovered
In the land they are his.
OueAl
Prof-"Do you know where shingles
were nrst used?''
rrosch-"Td rather not tell"
The 81lgAeP Journollam.
Reporter-''I have come to interview
YOU. sir"
Great Statesman swell. 60 back
and write your Interview aad let me
see It,"
Representatives. It is."-ufe.
W1sea Up Q N.
Burrows-''Sorry. old chap but
am looking tor little flnanial succor
again" =. I.
82nRR-HYrMl'll havA - hunt fnp.