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$90. Necessity of framing a judicial policy-Miners impliedly the
licensees of the United States.
91. Recognized by the supreme court of the United States.
92. First recognition of miners' possessory rights and miners' rules by
federal legislation.
93. The evolution of governmental policy - Further recognition of
local rules by statute.
94. Summary.
CHAPTER V.
THE ENACTMENT OF THE STATUTE, INCLUDING CIRCUM-
STANCES LEADING THERETO.
97. Introductory - Historical matter.
98 How the law was passed-A summary by Mr. Yale.
99. Same subject - Other historical matters - Substitutions and
failures.
100. How the name was changed.
101. Summary of the statute-Its general purposes.
102. Criticisms by bench and bar - A judicial summary - Insuffi-
ciency of the statute of 1866.
103. Further commentaries on the act of 1866.
104. The placer mining act of 1870.
105. The statute of 1872 - The general system introduced thereby.
106. The general purposes and features of the law of 1872.
107. Radical differences between the law of 1866 and 1872-The
lode-The surface rights.
CHAPTER VI.
SUPPLEMENTAL STATE LEGISLATION.
$111. General features of state statutes.
112. The authority for state statutes as expressed in the federal stat-
ute.
113. Value and force, likewise limitations upon state statutes.
114. Same
--
Some state statutes of doubtful validity.
115. Summary of competent state legislation.
CHAPTER VII.
SUPPLEMENTAL DISTRICT RULES.
118. Distinction between district rules under the statute and those
which existed prior thereto.
119. District rules authorized by law of congress - Special limita-
tions-What they may contain.
§ 120. The binding force and intrinsic value of district rules - Must be
authorized, and must be reasonable in themselves - Must be
obeyed.
121. Necessity of following local rules-Language of courts - Cus-
toms must also be lawful.
122. Writing-Immaterial whether district rules are in writing or
parol - Mode of enactment immaterial.
123. Judicial notice — Courts will not take judicial notice of miners'
rules- They must be proved.
124. District rules must be plain and specific-Must be within au-
thority and must bind all.
125. Existence of rules must first be proved- Presumed to continue.
126. The district rules - Enactment a question of fact - How proved.
127. Same-Records parol.
128. District rules, what are- Question of fact.
129. Summary.
PART III.
OF THE LANDS OPEN TO EXPLORATION, APPRO-
PRIATION AND PURCHASE AS MINES-DEFINI-
TIONS.
135. Hydraulic and placer mining - Lawful enterprise - Debris to be
cared for.
136. Mining in Spanish-America and Mexico.
137. Mining in England.
138. Early mining of copper.
139. Lead, zinc, iron and coal.
140. Mine Definition of.
-
141. The old distinction between mine and quarry.
§ 142. Distinction between open and unopened mines.
143. Minerals defined - Mineral lands.
144. Land office decisions - Special enumeration of minerals.
145. Petroleum lands specially recognized.
146. Same-Petroleum and natural gas mineral and part of the soil.
147. Salt springs, lakes, ponds and saline lands.
148. Review of the chapter.
CHAPTER II.
PUBLIC MINERAL LANDS OF THE UNITED STATES, IN WHAT
STATES SITUATED.
$151. Introductory-Observations of a general nature.
152. Historical observations - Territory of the United States, how
and when acquired - What classed as mineral land.
153. States excepted from the operation of mineral lands acts.
154. Only unoccupied, unclaimed public mineral lands locatable as a
mining claim-Occupied land or Indian reservation not open.
155. What sort of occupancy will exclude the mineral locator - Dis-
tinctions-Mineral lands and land valuable for mineral.
156. Same subject-Reservation by a previous locator — Overlapping
locations valid.
157. Character of land- How determined - Return of surveyor.
158. Conclusiveness of department decisions upon itself and upon the
court.
159. More valuable for mineral than agriculture — Distinction.
160. Summary.
CHAPTER III.
STATE MINERAL LANDS, AND HOW DISPOSED OF.
§ 162. State lands within the public-land states.
163. State legislation authorizing locations on selected lands.
164. State lands within the first thirteen states.
165. Generally mentioned in the deed.
CHAPTER IV.
OF MINES AND MINERAL LANDS OBTAINABLE ELSEWHERE
§ 168. Mineral lands in Mexico.
169. Canadian statutory provisions and regulations.
PART IV
OF RESERVATIONS AND GRANTS-LAND OPEN TO
LOCATION MUST BE UNOCCUPIED AND UNAP-
PROPRIATED PUBLIC MINERAL LAND.
CHAPTER I.
OF UNEXTINGUISHED INDIAN RESERVATIONS.
§ 171. Review and introductory - Land must be unappropriated and
unoccupied under claim of title or right.
172. Of the different character of grants - Subdivisions.
173. Indian reservations-Status of the Indian.
174. Indian reservation, how created - How abolished.
175. Indian rights recognized.
176. Location upon Indian reservation void.
177. Location on an Indian reservation is tortious, and by it, as a gen-
eral rule, no rights can be acquired against a valid location
made after the extinguishment.
178. Effect of extinguishment of title.
179. Location on Indian reservation gives imperfect or no right, ac-
cording to situation, but possession at opening may be contin-
ued and location made - Evidence as to work admissible.
OF MEXICAN GRANTS, THEIR KINDS, STATUS AND VALID-
ITY-THEIR EFFECT AS RESERVATIONS.
§ 181. Introductory - General nature and effect of grant.
182. The progression and change in the law.
183. Minerals on Mexican grant reserved by congress-Special act —
Opinion by the court.
184. Time for asserting right under Mexican grant—Waiver of right—
The old rule under the California act.
185. Summary.
MILITARY RESERVATIONS.
§ 189. Authority for and effect of military reservations.
190. Questions elaborately considered by the supreme court of the
United States - Authority of the president settled.
§ 191. Manner of opening military reservations- Mining locations upor
such reservations.
192. The present rule of the department - Mineral lands may be in.
cluded in a military reservation, during which time the res-
ervation is absolute.
FOREST PARK RESERVES.
§193. Forest park reserves - How created.
194. All such reservations have the effect to withdraw the land from
the category of public lands.
RAILROAD GRANTS-MINERALS EXCEPTED FROM THE
GRANT.
$197. Railroad grants and reservations — Their kinds and legal effect.
198. Construction of railroad grants - Illustrations of grants in prœ-
senti-Floats.
199. Selection and filing map exhausts the right.
200. Mining rights on the right of way.
201. No valid discovery on right of way - Extra-lateral rights.
202. Railroad grants in which mineral lands were withheld.
203. Policy of the government to reserve minerals.
204. Early definition of mineral lands—“Known minerals."
205. Earlier decisions overruled-Minerals and mineral lands reserved,
known or unknown.
207. Patent conclusive as to title, in the absence of fraud.
208. Lieu lands-Their selection and quality.
TOWN-SITE PATENTS, RESERVATIONS PROM.
§ 210. The statutes reviewed reserving minerals from town-site patents.
211. The view of the law upheld in the Butte City patent cases.
212. Review of the town-site cases Known mines-Mining claims in
fact — Effect and extent of reservations - Horsky v. Moran
reviewed.
213. Statutory construction by the legislature -The courts corrected
by the legislative power-The later act.
214. Reservations and not patents construed here - No title to mines
passes by town-site patent