merely because the act requires that before disposal of the public lands as agricultural, all lands heretofore reported as containing coal and iron shall first be offered at public sale; this condition and restriction relate to the lands then public for the future disposition of which the act provides, and if already disposed of they can not be public lands. Caste, In re, 3 L. D. 169. See United States v. Pratt Coal & Coke Co., 18 Fed. 708. This statute provides for the future disposal of public lands, but it has nothing to do with titles previously acquired, and patent could not be withheld upon a placer entry merely because the act requires that before disposal of the public lands as agricultural lands, all lands returned as containing coal and iron shall first be offered at public sale. Caste, In re, 3 L. D. 169, p. 172. See United States v. Pratt Coal & Coke Co, 18 Fed. 708. A settlement on land prior to the date it was reported valuable for coal, and a subsequent entry of record prior to the passage of this act having been made when the settler was disqualified to enter, can confer upon him no rights, and can neither except it from reservation as coal lands nor bring it within the remedy of this act. Justice v. Alabama, 12 L. D. 635, p. 636. 5. LANDS REPORTED AS CONTAINING COAL AND IRON-ENTRY. The mere report that land contained iron, without any statement that it is valuable by reason thereof, will not prevent the land from being subject to entry before it is offered, as the inference is that such lands have no value other than for agricultural purposes. Burnum, In re, 14 L. D. 292, p. 293. See Avery v. Smith, 12 L. D. 550. Under this statute a distinction is made between land reported as containing coal or iron, and land that was reported as being valuable for coal or iron, and land reported as containing coal or iron is subject to homestead entry, while lands reported as valuable for coal or iron are not subject to such entry until after public offering. Sherer, In re, 15 L. D. 563. See Burnum, In re, 14 L. D. 292. Entries of tracts that have been investigated and reported as valuable for minerals can not be made under this statute. Burnum, In re, 14 L. D. 292. Under this section all lands reported valuable for coal prior to the enactment must first be offered at public sale before they are subject to disposal as agricultural lands. Sherer, In re, 15 L. D. 563. Harris, In re, 28 L. D. 90, p. 91. The provision that all lands heretofore reported as containing coal and iron shall be offered for public sale before other disposal might possiby have been construed to require such sale even of lands to which inchoate rights had been asserted under homestead laws; but to overcome this it was further provided that in such cases patent might issue without regard to the previous restrictions of the mineral law of 1872 upon proof of compliance in other respects with the existing homestead law; but as to any homestead claimant no question of mineral reservation can be raised. Caste, In re, 3 L. D. 169. Lands reported as containing coal and iron could not be entered until they had been first offered at public sale as required by this act. Banks, In re, 8 L. D. 532. 6. RESERVED FROM ENTRY AND SALE. Whatever legislation there is upon the subject of reserving mineral lands the effect has always been to reserve them either from the effect of the particular grant in which the reservation is found or to reserve them from cash selection at private entry, and no grants include any lands theretofore granted or reserved for any such purpose whatever. Alabama, In re, 6 L. D. 493, p. 502. 7. STATE SELECTIONS. This act does not require that lands classed as mineral lands shall be first offered at public sale before they shall be subject to the rights of the State to make its selections under and according to the intent of the original enabling act of March 2, 1819. Alabama, In re, 6 L. D. 493, p. 502. The provisions of this act refer to lands previously reported as mineral, and Congress did not intend that the State should be allowed to select lands claimed by actual settlers, and upon which such settlers have their homes and improvements, but the excepting clause of the act was designed to protect the rights of actual settlers. Alabama, In re, 11 C. L. O. 276. Where selections are hereafter applied for, the selecting agent must certify under oath that the tracts selected are vacant, unimproved public lands of the United States, and not occupied by any settler, and not reserved or appropriated in any manner under the laws of the United States, as the provisions of this act relative to the sale of lands previously reported as mineral can not be regarded as a reservation. Alabama, In re, 11 C. L. O. 276, p. 277. 8. VOID ENTRIES. All entries of lands in Alabama previously reported as containing coal or iron made subsequent to the passage of this act were void, and applications which fail to reach the local office prior to the passage of the act should be rejected, though settlement was made prior to the date of the act. Knight, In re, 8 L. D. 297, p. 300. 9. DISCOVERY AFTER ENTRY EFFECT. The fact that mineral is discovered subsequent to the date of entry will not operate to deprive a settler of the right to perfect his claim where at the date of his entry no mineral was known to exist. Knight, In re, 8 L. D. 297, p. 301. Where no mineral was known to exist at the date of filing an entry the subsequent discovery will not operate to deprive a settler of the right to prove his claim on compliance with all legal requirements. Morrison, In re, 16 L. D. 544, p. 545. See Caste, In re, 3 L. D. 169. 10. PAYMENTS REFUNDED ON ERRONEOUS ENTRIES. Where any entry has been erroneously allowed of lands reported as valuable for coal and not having been offered as required by the first proviso of this act, and there is nothing to indicate that entrymen acted in bad faith in making the entry, the payments made by them may be refunded. Shannon, In re, 9 L. D. 643. An application for repayment is, in effect, an abandonment or a waiver of a pending appeal on the cancellation of an entry made on lands reported as valuable for coal prior to the enactment of this statute. Shannon, In re, 9 L. D. 643. D. HOMESTEAD ENTRY. 1. EFFECT AND RIGHTS. 2. PROTECTION. 3. SUSPENSION PENDING OFFER. 4. NONMINERAL LANDS-OFFERING NOT REQUIRED. 5. NONMINERAL AFFIDAVIT. 1. EFFECT AND RIGHTS. The proviso of this act operates upon homestead entries upon lands not subject to such entry but which are bona fide entries under the homestead law, and a homestead entry on mineral lands initiated by settlement under the homestead act of 1880 falls within the scope and reason of this act. Newman, In re, 8 L. D. 448, p. 449. Under this act all existing bona fide entries under the homestead laws may be perfected regardless of the mineral character of the land. Alabama, In re, 1 L. D. 655. Persons who have settled on lands in Alabama containing coal or iron, with the intention of entering the same under the homestead laws, must have perfected their entry prior to the date of this act. Lalley, In re, 10 C. L. O. 55. A settler under the homestead laws who makes an entry under this statute of less than the quantity of lands settled thereby abandons the land not included within such entry. Jolly, In re, 11 L. D. 557, p. 558. The purchaser of a relinquishment of a homestead entryman of lands returned as valuable for coal or iron acquires no rights to the land by virtue of the purchase, but such purchase includes improvements only. Davis, In re, 7 L. D. 560. Under this act lands reported as mineral must be offered at public sale, but a homestead settlement made upon such lands, though subject to defeasance by public sale, may be recognized as between rival applicants. This act protects only such homestead entries as had been made prior to its passage. Evins, In re, 9 L. D. 635. This statute confirms any bona fide entry under the provisions of the homestead law. Justice v. Alabama, 12 L. D. 635. Where there was no entry of record at the time of the passage of this act, yet in view of the homestead act providing for the admission of a homestead claim by settlement, such settlement equally with an entry of record, is within the intent of this act. Justice v. Alabama, 12 L. D. 635, p. 636. See Newman, In re, 8 L. D. 448. The protection granted by this act to bona fide entries does not extend beyond the relinquishment of any such entry. Henley, In re, 9 L. D. 178, p. 180. See Davis, In re, 7 L. D. 560. A mere cultivation of six acres of a tract sought to be entered prior to the date of this act without residence thereon does not bring it within the exception of this statute. Earnest, In re, 14 L. D. 268, p. 269. 3. SUSPENSION PENDING OFFER. An application for a homestead or agricultural entry on mineral lands since the passage of this act may be suspended pending the offering of the land at public sale, and if the land is not sold at such offering the application may be considered and passed upon as of the date when originally presented. McFerrin, In re, 10 L. D. 140, p. 142. See Banks, In re, 8 L. D. 532. A good faith homestead entry may be suspended pending offer at public sale, as required by this act, and if the land is not sold, then such entry may be considered as an application to enter as of its original date. Davis, In re, 15 C. L. O. 246. A homestead entry allowed in contravention of the terms of this act, and under which valuable improvements were made, may be suspended pending the public offering of the land and treated as an application to enter in the event that the land is not sold at such offering. Henley, In re, 9 L. D. 178, p. 180. See Davis, 7 L. D. 560. An agricultural entry made prior to the passage of this act of lands classified under the act as valuable for coal and consequently abandoned does not serve to except such land from the operation of the statute. Jeffray, In re, 12 C. L. O. 287. 4. NONMINERAL LANDS OFFERING NOT REQUIRED. Lands not known to be mineral at the time of the entry are not required to be offered under this act before entry therefor. Knight, In re, 8 L. D. 297, p. 301. Lands classed as "coal, not valuable," are subject to entry notwithstanding this statute. Avery v. Smith, 12 L. D. 550, p. 551. 5. NONMINERAL AFFIDAVIT. A nonmineral affidavit filed by an applicant for an entry of land for agricultural purposes is deemed sufficient, and when a person alleges land to be mineral he is required to affirmatively prove the allegation. Caste, In re, 3 L. D. 169, p. 170. II. COAL-MINES INSPECTION. 26 STAT. 1104, 1 SUPP. R. S. 948, MARCH 3, 1891. COAL-MINES INSPECTION. AN ACT For the protection of the lives of miners in the Territories. Be it enacted, etc., That in each organized and unorganized Territory of the United States wherein are located coal mines, the aggregate annual output of which shall be in excess of 1,000 tons per annum, the President shall appoint a mine inspector, who shall hold office until his successor is appointed and qualified. Such inspector shall, before entering upon the discharge of his duties, give bond to the United States in the sum of $2,000, conditioned for the faithful discharge of his duties. SEC. 2. That no person shall be eligible for appointment as mine inspector under section 1 of this act who, is not either a practical miner or mining engineer and who has not been a resident for at least six months in the Territory for which he shall be appointed; and no person who shall act as land agent, manager, or agent of any mine, or as mining engineer, or be interested in operating any mine in such Territory shall be at the same time an inspector under the provisions of this act. SEC. 3. That it shall be the duty of the mine inspector provided for in this act to make careful and thorough inspection of each coal mine operated in such Territory, and to report at least annually upon the condition of each coal mine in said Territory with reference to the appliances for the safety of the miners, the number of air or ventilating shafts, the number of shafts or slopes for ingress or egress, the character and condition of the machinery for ventilating such mines, and the quantity of air supplied to same. Such report shall be made to the governor of the Territory in which such mines are located and a duplicate thereof forwarded to the Secretary of the Interior, and in the case of an unorganized Territory directly to the Secretary of the Interior. SEC. 4. That in case the said mine inspector shall report that any coal mine is not properly constructed or not furnished with reasonable and proper machinery and appliances for the safety of the miners and other employees it shall be the duty of the governor of such organized Territory it shall be the duty of the Secretary of the Interior to give notice to the owners or managers of said coal mine that the said mine is unsafe and notifying them in what particular the same is unsafe, and requiring them to furnish or provide such additional machinery, slopes, entries, means of escape, ventilation, or other appliances necessary to the safety of the miners and other employees within a period to be in said notice named, and if the same be not furnished as required in such notice it shall be unlawful after the time fixed in such notice for the said owners or managers to operate said mine. |