SECTION 2343, REVISED STATUTES. The President is authorized to establish addditional land districts, and to appoint the necessary officers under existing laws, wherever he may deem the same necessary for the public convenience in executing the provisions of this chapter. Same as section 7, act of July 26, 1866 (14 Stat. 251, p. 252), p. 633. A. LAND DISTRICT-BLACK HILLS. The Black Hills land district was established by virtue of the authority of this section, but this did not withdraw all the land from other disposition than under the mining laws. Townsite of Deadwood, 8 C. L. O. 153, p. 154. See Van Ocker, In re, 9 C. L. O. 71. 628 SECTION 2344, REVISED STATUTES. Nothing contained in this chapter shall be construed to impair, in any way, rights or interests in mining property acquired under existing laws; nor to affect the provisions of the act entitled "An act granting to A. Sutro the right of way and other privileges to aid in the construction of a draining and exploring tunnel to the Comstock lode, in the State of Nevada," approved July 25, 1866. This section is substantially the same as the last sentence of section 17, act of July 9, 1870 (16 Stat. 217, p. 218), p. 671; and the last clause of section 12, act of May 10, 1872 (17 Stat. 91, p. 95), p. 682. A. MINING RIGHTS NOT IMPAIRED. B. LODE LOCATORS AFFECTED BY SUTRO TUNNEL EXEMPTED. See Sutro tunnel act, p. 1383. A. MINING RIGHTS NOT IMPAIRED. 1. RIGHTS ACQUIRED PRIOR TO 1872. 2. ALIEN'S RIGHTS NOT PROTECTED. 1. RIGHTS ACQUIRED PRIOR TO 1872. The mining laws were not intended to impair the rights of quartz miners in cases where the locations were made prior to May 10, 1872. Wilhelm v. Silvester, 101 Cal. 358, p. 361. The provisions of this section seem to be limited to the rights acquired under the act of July 26, 1866 (14 Stat. 251), and under the act of July 9, 1870 (16 Stat. 217). Gregory v. Pershbaker, 73 Cal. 109, p. 116. This section operates to reserve out of a grant rights acquired prior to the passage of the act of May 10, 1872 (17 Stat. 91), and it secures the protection of such rights at the time of the issuance of the patent to persons availing themselves of the adverse procedure. Lee v. Stahl, 13 Colo. 174, p. 178. Priority of location and not priority of entry determines priority of title, and where a locator's rights accrued prior to the act of May 10, 1872 (17 Stat. 91), they are saved by this section, and it is not necessary for such locator to adverse another claim. Lee Doon v. Tesh, 68 Cal. 43, p. 46. Lee v. Stahl, 9 Colo. 208, p. 210. Calhoun Gold Min. Co. v. Ajax Gold Min. Co., 27 Colo. 1, p. 16. 2. ALIEN'S RIGHTS NOT PROTECTED. A person claiming a mining location under the act of July 26, 1866 (14 Stat. 251), but who was not a citizen of the United States and had not declared his intention to become such, did not acquire any vested right to be preserved by this section. Lee Doon v. Tesh, 68 Cal. 43, p. 49. B. LODE LOCATORS AFFECTED BY SUTRO TUNNEL EXEMPTED. The effect of this section is to exempt locators of lode claims affected by the Sutro tunnel from performance of the annual labor. Sutro Tunnel Co., In re, 8 C. L. O. 54. SECTION 2345, REVISED STATUTES. The provisions of the preceding sections of this chapter shall not apply to the mineral lands situated in the States of Michigan, Wisconsin, and Minnesota, which are declared free and open to exploration and purchase, according to legal subdivisions, in like manner as before the 10th day of May, 1872. And any bona fide entries of such lands within the States named since the 10th day of May, 1872, may be patented without reference to any of the foregoing provisions of this chapter. Such lands shall be offered for public sale in the same manner, at the same minimum price, and under the same rights of preemption as other public lands. A. APPLICATION OF MINING STATUTES. B. ENTRY OF MINERAL LANDS IN MINNESOTA. A. APPLICATION OF MINING STATUTES. This section declares the statutory law of the United States as it applied to the subject of mining on December 1, 1873. Deffeback v. Hawke, 115 U. S. 392, p. 402. B. ENTRY OF MINERAL LANDS IN MINNESOTA. Under this section, mineral lands in Minnesota are subject to the right of entry the same as under the preemption law. United States v. Omdahl, 25 L. D. 157, p. 158. 630 SECTION 2346, REVISED STATUTES. No act passed at the first session of the Thirty-eighth Congress granting lands to States or corporations to aid in the construction of roads or for other purposes, or to extend the time of grants made prior to the 30th day of January, 1865, shall be so construed as to embrace mineral lands, which in all cases are reserved exclusively to the United States, unless otherwise specially provided in the act or acts making the grant. A. MINERAL LANDS EXCLUDED FROM ALL GRANTS. See sec. 2258, R. S., p. 833. It is the practice of the Government, in the grant of lands to the States and to corporations to aid in the construction of railroads and for other purposes, not to include mineral lands but to reserve such to the United States, unless it is otherwise provided in the act making the grant. United States v. San Pedro & Canon del Agua Co., 4 N. Mex. 225, p. 304. This section expressly provides that railroad grants shall not be so construed as to embrace mineral lands. Chicago Quartz Min. Co. v. Oliver, 75 Cal. 194, p. 196. 631 II. ORIGINAL MINING ACT, AMENDMENT, AND REVISED ACT. ORIGINAL ACT. 14 STAT. 251, JULY 26, 1836. AN ACT Granting the right of way to ditch and canal owners over the public lands, and for other purposes. Be it enacted, etc., That the mineral lands of the public domain, both surveyed and unsurveyed, are hereby declared to be free and open to exploration and occupation by all citizens of the United States, and those who have declared their intention to become citizens, subject to such regulations as may be prescribed by law, and subject also to the local customs or rules of miners in the several mining districts, so far as the same may not be in conflict with the laws of the United States. See sec. 2319, R. S., p. 9. SEC. 2. That whenever any person, or association of persons, claim a vein or lode of quartz, or other rock in place, bearing gold, silver, cinnabar, or copper, having previously occupied and improved the same according to the local customs or rules of miners in the district where the same is situated, and having expended in actual labor and improvements thereon, an amount of not less than $1,000, and in regard to whose possession there is no controversy or opposing claim, it shall and may be lawful for said claimant or association of claimants to file in the local land office a diagram of the same, so extended laterally or otherwise as to conform to the local laws, customs, and rules of miners, and to enter such tract and receive a patent therefor, granting such mine, together with the right to follow such vein or lode with its dips, angles, and variations, to any depth, although it may enter the land adjoining, which land adjoining shall be sold subject to this condition. See secs. 2324 and 2325, R. S., pp. 177, 289. SEC. 3. That upon the filing of the diagram as provided in the second section of this act, and posting the same in a conspicuous place on the claim, together with a notice of intention to apply for a patent, the register of the land office shall publish a notice of the same in a newspaper published nearest to the location of said claim, and shall also post such notice in his office for the period of 90 days; and after the expiration of said period, if no adverse claim shall have been filed, it shall be the duty of the surveyor general, upon application of the party, to survey the premises and make a plat thereof, indorsed with his approval, designating the number and description of the location, the value of the labor and improvements, and the character of the vein exposed; and upon the payment to the proper officer of $5 per acre, together with the cost of such survey, plat, and notice, and giving satisfactory evidence that said diagram and notice have been posted on the claim during the said period of 90 |