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the conflict of apex rights as shown in Fig. 30, where the senior location takes the part of the vein in conflict, while the junior location has the right to pass through the conflict area to its part of the vein beyond. Fig. 31 shows the case

[blocks in formation]

of two veins uniting in depth. Claimants under each location may follow the vein apexing in its ground until they unite to continue as one vein, when the senior locator has all the rights to this one vein as it continues in depth.

CHAPTER XXIV

R. S., Sec. 2347.

Coal Land

Every person above the age of twenty-one 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 one hundred and sixty acres to such individual person, or three hundred and twenty acres to such association, upon payment to the receiver of not less than ten dollars per acre for such lands, where the same shall be situated more than fifteen miles from any completed railroad, and not less than twenty dollars per acre for such lands as shall be within fifteen miles of such road.

R. S., Sec. 2348. Any person or association of persons severally qualified, as above provided, who have opened and improved, or shall hereafter open and improve, any coal mine or mines upon the public lands, and shall be in actual possession of the same, shall be entitled to a preference right of entry, under the preceding section, of the mines so opened and improved; provided, that when any association of not less than four persons severally qualified as above specified, shall have expended not less than five thousand dollars in working and improving any such mine or mines, such association may enter not exceeding six hundred and forty acres, including such mining improvements.

R. S., Sec. 2349. All claims under the preceding section must be presented to the register of the proper land district within sixty days after the date of actual possession and the commencement of improvements on the land, by the filing of a declaratory statement therefor; but when the township plat is not on file at the date of such improvement, filing must be made within sixty days from the receipt of such plat at the district office; and where the improvements shall have been

made prior to the expiration of three months from the
third day of March, 1873, sixty days from the expira-
tion of such three months shall be allowed for the filing
of a declaratory statement, and no sale under the pro-
Ivisions of this section shall be allowed until the expira-
tion of six months from the third day of March, 1873.
R. S., Sec. 2350. The three preceding sections shall
be held to authorize only one entry by the same person
or association of persons; and no association of persons,
any member of which shall have taken the benefit of
such sections, either as an individual or as a member
of any other association, shall enter or hold any other
lands under the provisions thereof; and no member of
any association which shall have taken the benefit of
such sections, shall enter or hold any other lands under
their provisions; and all persons claiming under sec-
tion 2348 shall be required to prove their respective
rights and pay for the lands filed upon, within one year
from the time prescribed for filing their respective
claims; and upon failure to file the proper notice, or
pay for the land within the required period, the same
shall be subject to entry by any other qualified applicant.
R. S., Sec. 2351. In case of conflicting claims upon
coal lands, where the improvements shall be commenced
after the third day of March, 1873, priority of possession
and improvement, followed by proper filing and con-
tinued good faith, shall determine the preference right
to purchase. And also, where improvements have al-
ready been made prior to the third day of March, 1873,
division of the land claimed may be made by legal
subdivisions, to include, as near as may be, the valuable
improvements of the respective parties. The Commis-
sioner of the General Land Office is authorized to issue
all needful rules and regulations for carrying into effect
the provisions of this and the four preceding sections.

R. S., Sec. 2352. Nothing in the five preceding sec-
tions shall be construed to destroy or impair any rights
which may have attached prior to the third day of
March, 1873, or to authorize the sale of lands valuable
for mines of gold, silver, or copper.

The above are the Federal Statutes relating to the sale of coal lands in the United States; they, with some amendments which will not be treated herein, have been extended to Alaska. An individual over twenty-one years of age, who is a citizen of the United States, or has announced his intention to become

such, may enter not to exceed 160 acres of coal land. An association of persons or a corporation may enter 320 acres. An association or corporation of not less than four persons, who have expended not less than $5,000 in working and improving their mines, may enter not to exceed 640 acres. The right to enter coal lands may be exercised once only, whether as an individual or as a member of an association or corporation, no matter if the entry is of the maximum size or less. No corporation or association which contains a member who has exercised his right individually or as an association member may make an entry. The minimum price is $10 per acre for coal lands more than fifteen miles from a completed railroad, and $20 per acre when within that distance.

provided. The The procedure

Two methods of purchasing coal lands are first is by what is known as a 'cash entry.' is to file an application in the local land office by legal subdivisions, consequently it can be made upon surveyed land only. The application is published in a newspaper nearest the land; it is also posted in a conspicuous spot on the land and in the land office, as a notice to those who may wish to adverse or protest. Thirty days of posting and publication are required. Within thirty days of the expiration of publication period, applicant must file proofs of publication and posting, and tender the purchase price of the land, resulting eventually in patent to the land.

The second method of purchase is by initiating and maintaining a 'preference right of entry' to be followed by a cash entry. The applicant initiates a preference right of entry by beginning improvements upon the land, which must be actual bona fide work and open up a mine or mines of coal. To maintain and preserve a preference right of entry, the applicant must, within sixty days of exposing coal and beginning its improvement, if upon surveyed land, or if upon unsurveyed land then within sixty days of the filing of township plat in the local land office, file a declaratory statement in the local land office. The declaratory statement is to the effect that applicant has entered upon the land, begun improvements, and intends to purchase the land. Within one year after the expira

tion of the period for filing the declaratory statement, the applicant must file application to purchase land and thereafter proceed as in the case of a cash entry. Applicants for coal lands that are unsurveyed may secure the surveys necessary for entry through application to the surveyor-general.

Up to July 1906 coal lands were disposed of at the minimum price of $10 and $20 per acre. At that date and since, large areas reported to contain coal have been withdrawn from all forms of entry. These withdrawn areas have been or are being classified by the United States Geological Survey through field examination into coal and noncoal lands, and restored to entry as fast as possible. Those classified as coal lands were formerly subject to such entry only, excepting mineral locations for other minerals, and at the valuation per acre placed upon them by the Geological Survey. They may now be filed upon for coal at the valuation set, or the surface only obtained by an agricultural entry relinquishing the coal to the Government, which may dispose of it to other parties.

The basis of the valuation made by the Geological Survey is contained in the 'Regulations regarding the classification and valuation of coal lands, as approved to June 6, 1910, by the Secretary of the Interior,' as follows:

(1) For the purposes of classification and valuation, coal deposits shall be divided into four classes: (a) Anthracite, semi-anthracite, coking, and blacksmithing coals; (b) highgrade bituminous noncoking coals having a fuel value of not less than 12,000 B.T.U. on an unweathered air-dried sample; (c) bituminous coals having a fuel value of less than 12,000 B.T.U. on an unweathered air-dried sample, and high-grade subbituminous coals having a fuel value of more than 9,500 B.T.U. on an unweathered air-dried sample; (d) low-grade sub-bituminous coals having a fuel value below 9,500 B.T.U. on an unweathered air-dried sample, and all lignite coals.

(2) Lands underlain by coal beds which contain 14 inches or over of clean coal, exclusive of partings, shall be classified as coal land where the coal shows a calorific value of 10,500 B. T. U. or over on an unweathered air-dried sample; for coals having a less calorific value the minimum thickness shall be

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