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2. PERFORMANCE AVOIDS ABANDONMENT.

There is no abandonment where a locator continues work either by surface or tunnel, and there can be no relocation.

Diamond Creek Gold, etc., Min. Co. v. Lloyd, 9 C. L. O. 54, p. 55.

B. MINING CLAIMS.

1. STATE CONTROL.

Congress took it for granted that Territorial legislatures had the power to legislate on the matter of regulating mining claims.

O'Donnell v. Glenn, 8 Mont. 248, p. 258.

AMENDMENT 2.

19 Stat. 52, 1 Supp. R. S. 104, May 5, 1876.

AN ACT To exclude Missouri and Kansas from the provisions of the act of May 10,

1872.

Be it enacted, etc., That within the States of Missouri and Kansas deposits of coal, iron, lead, or other mineral be, and they are hereby, excluded from the operation of the act entitled "An act to promote the development of mining resources of the United States" approved May 10, 1872, and all lands in said States shall be subject to disposal as agricultural lands.

A. MINING STATUTE.

1. CONSTRUCTION AND EXCEPTION OF SPECIAL MINERALS.

By this act deposits of coal, iron, lead, or other mineral in Missouri and Kansas were excluded from the operation of the act of May 10, 1872.

Deffeback v. Hawke, 115 U. S. 392, p. 402.

Congress took it for granted that Territorial legislatures had the power to legislate on the matter of regulating mining claims.

O'Donnell v. Glenn, 8 Mont. 248, p. 258.

The exclusion from the mining statute of deposits of coal, iron, lead, or other minerals within the States of Missouri and Kansas would not have been necessary if Congress had not understood that the mining statutes included nonmetallic minerals. Pacific Coast Marble Co. v. Northern Pac. R. Co., 25 L. D. 233, p. 240.

III. COAL-LAND SECTIONS AND STATUTES.

I. COAL SECTIONS.

II. COAL STATUTES, p. 786.

SECTION 2347, REVISED STATUTES.

I. COAL SECTIONS.

Every person above the age of 21 years, who is a citizen of the United States, or who has declared his intention to become such, or any association of persons severally qualified as above, shall, upon application to the register of the proper land office, have the right to enter, by legal subdivisions, any quantity of vacant coal lands of the United States not otherwise appropriated or reserved by competent authority, not exceeding 160 acres to such individual person, or 320 acres to such association, upon payment to the receiver of not less than $10 per acre for such lands, where the same shall be situated more than 15 miles from any completed railroad, and not less than $20 per acre for such lands as shall be within 15 miles of such road.

A. CONSTRUCTION OF SECTION.

B. PERSONS QUALIFIED TO PURCHASE AND ENTER, p. 726.
C. ENTRY AND PATENT, p. 728.

D. AREAS OF COAL LAND ACQUIRED, p. 738.

E. CLASSIFICATION AND WITHDRAWAL, p. 740.

F. COAL LANDS VALUABLE FOR MINERAL, p. 742.

G. PRICE OF COAL LANDS, p. 748.

H. PATENT, p. 750.

A. CONSTRUCTION OF SECTION.

1. REENACTMENT OF ORIGINAL ACTS.

2. SYSTEM OF MINING LAWS.

3. PROVISIONS FOR DISPOSAL OF COAL LANDS.

4. POLICY OF GOVERNMENT AS TO COAL LANDS.

5. RIGHT OF PREEMPTION AND ENTRY OF COAL LANDS.

6. EXTENSION OF LAWS TO ALASKA.

1. REENACTMENT OF ORIGINAL ACTS.

The provisions of the act of July 1, 1864 (13 Stat. 343), and its supplementary act of March 3, 1865 (13 Stat. 529), were substantially reenacted by the act of March 3, 1873 (17 Stat. 607), and all these provisions are now embodied in this and the following sections, but the force and meaning of the original provisions remain unchanged. Colorado Coal, etc., Co. v. United States, 123 U. S. 307, p. 325.. Pacific Coast Marble Co. v. Northern Pac. R. Co., 25 L. D. 233, p. 235.

This and the following sections are a reenactment of the act of 1873 (17 Stat. 607) which was not a part of the preemption system for the disposal of public lands, but was an act to provide for the sale of the lands of the United States containing coal.

Coal Lands, In re, 1 L. D. 540, p. 541.
Grunsfeld, In re, 10 L.. D. 508, p. 509.
Watkins v. Garner, 13 L. D. 414.

Section 2 of the act of May 14, 1880 (21 Stat. 140), is construed to apply to entries of coal lands under the act of March 3, 1873 (17 Stat. 607).

Hobbs, In re, Copp's Pub. Lands 161, p. 162.

Under the act of March 3, 1873 (17 Stat. 607), coal entries can be made on sections 16 or 36 granted to a Territory for school purposes.

Wood, In re, 10 C. L. O. 225, p. 226.

See Keystone, In re (April 28, 1873).

The words of section 4 (17 Stat. 607) "That this act shall be held to authorize" were necessarily changed in section 2350 R. S. to the words "The three preceding sections," because the provisions of the original act were made a part of the general land laws embracing the sale of other public lands.

United States v. Munday, 222 U. S. 175, p. 180.

2. SYSTEM OF MINING LAWS.

The act of July 1, 1864 (13 Stat. 343), providing for the sale of tracts embracing coal lands or coal fields, continued in force until the adoption of this section, which authorized the preemption and purchase of such lands in limited tracts; but the disposition of precious metals or minerals in public lands was governed by the act of 1841 (5 Stat. 453) until the adoption of the act of July 26, 1866 (14 Stat. 251).

Alabama, In re, 6 L. D. 493, p. 500.

This and the following sections of the Revised Statutes, together with the act of June 6, 1900 (31 Stat. 658), and the act of April 28, 1904 (33 Stat. 525), comprise a system of laws relating to the entry and location of coal lands and must be read and construed together, and are all intended to be operative.

United States v. Munday, 222 U. S. 175, p. 181.

This and the following section must be construed together in determining the rights that an association of persons may have to enter 640 acres of coal land. McWilliams v. Green River Coal Ass'n., 23 L. D. 127, p. 129.

3. PROVISIONS FOR DISPOSAL OF COAL LANDS.

This and the following sections provide for the sale of coal lands under the general term "mineral lands and resources."

Town Site of Coalville, In re, 4 C. L. O. 46, p. 47.

Fox, In re, 4 C. L. O. 66.

Hutchings, In re, 4 C. L. O. 142.

This and the following sections comprise the act of March 3, 1873 (17 Stat. 607) and supersede the act of July 1, 1864 (13 Stat. 343), providing for the disposal of coal lands.

Alabama, In re, 15 C. L. O. 7, p. 9.

This, with the succeeding sections, makes full provision for the disposal of coal lands and only in accordance with these sections can these lands be disposed of.

Crafts, In re, 36 L. D. 138, p. 139.

This and the following sections cover the entire field of assertion of claims to and disposal of coal lands, and all the provisions must be read together and so construed as to give harmonious operation if possible.

Carthage Fuel Co., In re, 41 L. D. 21, p. 27.

H

The Land Department can only dispose of coal lands in Wyoming where such lands are actually occupied at the date of survey.

Foster, In re, Copp's Min. Lands 337.

Congress by this act could confer no rights upon mineral claimants to coal and iron lands granted to the Union Pacific R. Co. under the act of July 2, 1864 (13 Stat. 356), where the road was definitely located long prior to the passage of this act.

Union Pac. R. Co., In re, Copp's Min. Lands 338.

See Union Pac. R. Co. v. Crismon, Copp's Min. Lands 340.

4. POLICY OF GOVERNMENT AS TO COAL LANDS.

In 1873 Congress formulated its policy as to the disposition of the public coal lands of the United States, and the laws relating thereto were codified and carried into the revision of the statutes in 1874 under sections 2347 to 2352, inclusive.

Scofield, In re (Cunningham Claims), 41 L. D. 176, p. 224.

The policy of the Government as to the disposal of coal lands has been recognized by the Congress.

United States v. Trinidad Coal, etc., Co., 137 U. S. 160.
Scofield, In re (Cunningham Claims), 41 L. D. 176,

p. 226.

The Government, in the matter of disposing of coal lands, is not to be regarded as occupying the attitude of a mere seller of real estate for its market value, and the small price required to obtain title to such lands is not presumed to have had any influence in determining the policy to be adopted in opening them to entry, and the object of Congress was to develop the material resources of the country by opening its vacant coal lands to entry by individuals and by associations of persons at prices below their actual value.

United States v. Trinidad Coal, etc., Co., 137 U. S. 160, p. 170.

5. RIGHT OF PREEMPTION AND ENTRY OF COAL LANDS.

The right to enter coal lands is regulated by this and the following sections to and including section 2352 R. S.

United States v. Wells, 192 Fed. 870, p. 872.

Coal lands are subject to preemption and entry precisely the same as agricultural lands, except as to price and limit as to the amount which may be entered.

Alabama, In re, 6 L. D. 493.

Watkins v. Garner, 13 L. D. 414, p. 416.

6. EXTENSION OF LAWS TO ALASKA.

The provisions of this and the other sections of the coal land laws were by the act of June 6, 1900 (31 Stat. 658), extended to the District of Alaska, and by the amendment of April 28, 1904 (33 Stat. 525), made applicable to the unsurveyed public lands of Alaska.

United States v. Munday, 222 U. S. 175, p. 181.

When the unsurveyed coal lands of Alaska shall be surveyed, they will come at once under the restrictions of the general coal land laws found in this and the following sections.

United States v. Munday, 222 U. S. 175, p. 182.

B. PERSONS QUALIFIED TO PURCHASE AND ENTER.

1. QUALIFICATIONS.

2. MEMBERS OF ASSOCIATION MUST BE QUALIFIED.

3. CORPORATION AS AN ASSOCIATION.

4. CORPORATION-RIGHT TO ENTER.

1. QUALIFICATIONS.

The right to enter coal lands is given by this section only to persons above the age of 21 years who are citizens of the United States or who have declared their intention to become such, and to associations of persons severally so qualified.

United States v. Trinidad Coal, etc., Co., 137 U. S. 160, pp. 165, 169.

Circular, In re, 1 L. D. 687.

Ackert, In re, 17 L. D. 268, p. 269.

The prerequisite qualifications provided by the preceding section are the full age of the applicant, citizenship of the United States, or intention to become such. McConnell, In re, 18 L. D. 414, p. 416.

All that is required by this section of an applicant is that he shall show himself qualified to enter and prove that the lands applied for are of the character subject to sale and pay the Government price therefor.

McKibben v. Gable, 34 L. D. 178, p. 180.

This section gives every qualified person, as well as any qualified association, the right to enter certain quantities of vacant coal land.

Carthage Fuel Co., In re, 41 L. D. 21, p. 25.

A person who has never been in possession of coal land or made any improvements thereon is only entitled to make an entry under this section.

McKean v. Buell, Copp's Min. Lands, 343, p. 344.

2. MEMBERS OF ASSOCIATION MUST BE QUALIFIED.

Each person of an association of persons within the meaning of this section must possess the same qualifications as an individual applicant.

Circular, 1 L. D. 687.

An entry can not be made by an association of persons which has in it a single disqualified person.

Circular, 1 L. D. 687, p. 689.

Congress, under this and other sections, prescribed the conditions under which individuals and associations of individuals might acquire coal lands, and its intention should not be defeated by a narrow construction of the statute.

United States v. Trinidad Coal, etc., Co., 137 U. S. 160, p. 167.
United States v. Keitel, 211 U. S. 370, p. 381.

United States v. Allen, 180 Fed. 855, p. 860.

3. CORPORATION AS AN ASSOCIATION.

The purpose of the Government would be defeated entirely if corporations are not "associations of persons" within the meaning of this section and subject to its restrictions.

United States v. Trinidad Coal, etc., Co., 137 U. S. 160, p. 169.

United States v. Munday, 222 U. S. 175.

The prohibition of this section as to the quantity of land to be entered in respect to associations of persons applies equally to incorporated and unincorporated associations. United States v. Trinidad Coal, etc., Co., 137 U. S. 160, p. 169.

United States v. Munday, 222 U. S. 175.

4. CORPORATION-RIGHT TO ENTER.

An entry to a corporation will not be allowed to pass to patent where the members of the corporation do not possess the necessary qualifications.

Hawes, In re, 5 L. D. 224, p. 226.

See Kerr v. Utah-Wyoming Imp. Co., 2 L. D. 727.

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