and even if Ajax Min. Co. v. Hilkey155 is to be followed the same difficulty would exist. It would seem to be clear that g―h has no extralateral rights.

Mascot Extension No. 1. The end lines would be extended to fix the planes for extralateral rights on vein a-b-b.' These rights would be subject, of course, to the prior rights, if any, of the Mascot. Planes parallel to the end lines would be drawn through the points where vein c-d enters and leaves the location to fix the extralateral rights on that vein. Vein b-b", being parallel with the end lines, could enjoy no extralateral rights, as to attempt to give them would award the strike, and not the dip.

Mascot Extension No. 2. As to vein a-b the question of extralateral rights depends upon whether Mr. Lindley's view is adopted, that even under the act of 1872 such rights may exist without parallel end lines, providing those lines converge on the dip. If his view is adopted, as it ought to be, the rights on vein a-b would be limited by the converging end lines of the claim extended to their meeting point. Whether the vein e-f would have extralateral rights is doubtful, however. The rule for the broad vein, x-y, would probably apply. On the broad vein, x-y, lines would probably be drawn through its points of entrance into and departure from the claim parallel to the respective converging end lines of the claim, and these new lines extended to their point of convergence. On one view of Walrath v. Champion Min. Co. all the dip of the broad vein and of vein e-f could be claimed by Mascot Extension No. 2 within the converging end lines of the location as extended; but that view must be repudiated. Mascot Extension No. 3. Find the end lines established as such by the locator by looking at his notices, end line or side line posts, etc., and then draw lines parallel to those end lines through the points where the discovery vein, a-b, enters and departs from the location. That will fix the extralateral right lines on that vein. Then, if e-f is not parallel with the claim's end lines, extralateral rights will exist on it. If Ajax Min. Co. v. Hilkey156 is to be followed as it should be, these rights will be bounded by the claim's end lines extended. If it is not to be followed, they will be bounded by the end lines fixed for vein a-b extended. Of course, if vein e-f turns out to be parallel to the claim's end lines, no extralateral rights on it can be allowed, as to attempt to give them would be to award the strike of the vein. What has been said of these other veins will apply to the broad vein x-y.

155 31 Colo. 131, 72 Pac. 447, 62 L. R. A. 555, 102 Am. St. Rep. 23. 156 Id.

Mascot Extension No. 4. In this claim the side lines are the end lines, and they are parallel, so there should be extralateral rights on vein a―b. Messrs. Morrison and De Soto would not allow the vein to be pursued beyond the located end line; but, as that has become a side line for this purpose, pursuit of the vein beyond it and within the planes formed by extending the other and parallel lines is doubtless permitted. If vein a-b may be pursued beyond the claim's vertical boundaries, vein x-y may be. As to the rule with reference to that vein the same question about Walrath v. Champion Min. Co. arises as did with reference to Mascot Extension No. 2. The true way of determining the rights would seem to be to draw planes parallel to the extralateral right end lines through the extreme points of entrance and exit of x-y, provided that doing so will not give extralateral pursuit of the strike of the vein.

Hoodoo. The Hoodoo gets all extralateral rights in x-y within the extended end line planes of the Hoodoo not already awarded to the Mascot Extension No. 2 and to the Mascot Extension No. 3.

The Tramp. The Tramp gets all extralateral rights on the vein c-d within the Tramp's end line planes extended not already awarded to the Mascot Extension No. 1. The Tramp also gets whatever "cross vein" rights there may be under the federal statutes.157

157 As to these, see the discussion of cross veins, supra, § 119.

COAL LAND AND TIMBER AND STONE LAND ENTRIES AND PATENTS.

125. Coal lands are entered by legal subdivisions by qualified individuals and associations. They may be entered (1) by ordinary cash entry, and (2) by cash entry under preference right.

Coal lands1 are entered by legal subdivisions. Any individual who is a citizen of the United States, or has declared himself to be such, and who is 21 years of age, may enter by such subdivisions, not to exceed 160 acres. Any association, which includes a corporation,* composed of individuals qualified to make entry as individuals, may enter not to exceed 320 acres by private entry, 5 and if the association consists of not less than four qualified persons, who shall have expended not less than $5,000 in working and improving a coal mine or mines, it may enter not to exceed 640 acres, including such mining improvements. The right to purchase coal lands can be exercised but once, whether the person exercising it did so alone or as a member of an association, and no entry can be allowed to an association which has in it a single person disqualified. Moreover, in a recent case where

1 "Lands containing lignites are included under the term 'coal lands.'" Coal Lands Regulations, part 1, rule 2. See Appendix.

"The lands must be vacant and unappropriated, and must contain workable deposits of coal, and must not be valuable for mines of gold, silver, or copper." Id.

2 Id.

3 Rev. St. U. S. § 2347 (U. S. Comp. St. 1901, p. 1440); Coal Land Regulations, part 1, rule 3.

4 UNITED STATES v. TRINIDAD COAL & COKING CO., 137 U. S. 160, 11 Sup. Ct. 57, 34 L. Ed. 640.

5 Rev. St. U. S. § 2347 (U. S. Comp. St. 1901, p. 1440); Coal Land Regulations, part 1, rule 3.

6 Rev. St. U. S. § 2348 (U. S. Comp. St. 1901, p. 1440); Coal Land Regulations, part 1, rule 4.

7 Rev. St. U. S. § 2350 (U. S. Comp. St. 1901, p. 1441); Coal Land Regulations, part 1, rule 5.

"The right so to enter or hold is exhausted, whether an entry embraces in

a wife sought to purchase coal lands, the land department said: "The provisions of the coal land laws fully warrant the requirement in all cases that in entries thereunder the entryman shall show under oath that the entry is made in good faith in his own and individual interest, and not in the interest, directly or indirectly, in whole or in part, of any other person or persons whomsoever." "

The coal land laws recognize two kinds of entry: (1) Ordinary cash entry; and (2) cash entry under a preference right.

SAME-ORDINARY CASH ENTRY.

125a. Ordinary cash entry is without previous occupation or improvement of the land, and the steps in it are (1) the filing of a sworn application; (2) the posting and publication of a notice of application; (3) the proofs of the completed posting and publication; (4) the determination in the land office of adverse claims and protests; (5) the report by the chiefs of field division of special agents of the land department; (6) the register's certificate for entry and the receiver's receipt; (7) the patent.

The ordinary cash entry may be made without previous occupation or improvement of the coal land. To enter the lands the entryman must make oath to an application prescribed by the land department showing his qualifications to purchase, the fact that no part of the land is in the possession of anybody else, and that it is chiefly valuable for its coal deposits. Upon the filing of this application, the applicant is required, at his own expense, to publish for 30 days a notice of the application in a form prescribed by the land department. The notice must be published "in a newspaper nearest the lands, to be designated by the register," and during the period of publication "a similar notice.

any instance the maximum area allowed by the law or less; also by the acquisition of a preference right of entry, unless sufficient cause for the abandonment thereof is shown." Id. See UNITED STATES v. TRINIDAD COAL & COKING CO., 137 U. S. 160, 11 Sup. Ct. 57, 34 L. Ed. 640.

8 Jessie E. Oviatt, 35 Land Dec. Dep. Int. 235, 238. The ruling was that, in a state where by virtue of the marriage a husband had no vested interest in his wife's property, she could enter coal lands for herself. See, also, Johnson v. Leonhard, 1 Wash. St. 564, 20 Pac. 591. But on the essentials of criminal conspiracy in the entry of coal lands, see United States v. Keitel (D. C.) 157 Fed. 396; Pereles v. Weil (D. C.) 157 Fed. 419; Arnold v. Weil (D. C.) 157 Fed. 429; United States v. Robbins (D. C.) 157 Fed. 999. Compare Williamson v. United States, 207 U. S. 425, 28 Sup. Ct. 163, 52 L. Ed. 278.

• Coal Land Regulations, part 1, rule 10, contains the form of application. By rule 16 the verification must take place in the district where the land is situated and before the register or receiver in that district.

must be posted in the local land office and in a conspicuous place on the land." 10 Proofs of publication of the notice and of its conspicuous and continued posting on the land must be furnished, and the register must add his certificate that the notice remained posted in his office.11 The notice is a call for protests and adverse claims, and if any are filed before entry the local officers will hear them; but after entry the local officers can only forward the papers to the General Land Office for instructions.12 An entry will in no case be allowed until the proofs of publication of notice and of posting are filed.13 If the specified proofs are not furnished, and the purchase price is not tendered, within 30 days after the expiration of the period of newspaper publication, the local land officers must reject the application, subject to appeal.1 "Furthermore, in the exercise of a preference right to purchase, no part of the 30-day period specified herein may extend beyond the year fixed by the statute." 15

When the requisite proofs are furnished, and all adverse claims and protests are disposed of, and the register finds both that the tract applied for is vacant, surveyed, and unappropriated, and that the claimant has complied with all the coal land laws and regulations, the register will certify the facts to the receiver, stating the prescribed purchase price for the land, and the applicant must then pay the amount of purchase money.16 Registers and receivers will not issue final certificates, or their equivalents, until notice has been given to the

10 Coal Land Regulations, part 1, rule 17, 19.

11 Coal Land Regulations, part 1, rule 18.

12 Coal Land Regulations, part 1, rules 8, 9. The decision of the Interior Department in canceling an entry on coal land, permitting an amendment of another entry, and issuing a patent on the latter entry, cannot be collaterally attacked. Quinn v. Baldwin Star Coal Co., 19 Colo. App. 497, 76 Pac. 552.

13 Coal Land Regulations, part 1, rule 18.

14 Coal Land Regulations, part 1, rule 18, as amended November 30, 1907. 15 Id.

16 Coal Land Regulations, part 1, rule 20. The price is fixed by statute with reference to completed railroads. The term "completed railroad" is held to mean "a railroad actually constructed, equipped, and operating at the date of entry." Coal Land Regulations, part 1, rule 6. The price is not less than $10 per acre where the land is situated more than 15 miles from any completed railroad, and not less than $20 per acre where it is within 15 miles of such road. Coal Land Regulations, part 1, rule 12; Rev. St. U. S. § 2347 (U. S. Comp. St. 1901, p. 1440). The distance is measured from the roadbed and not from the nearest shipping point. Clinton S. Conant, 29 Land Dec. Dep. Int. 637. The Commissioner of the General Land Office will furnish information from time to time to the registers and receivers showing the coal lands for sale, with a schedule of prices for them. The coal entries are to be allowed at the minimum prices stated above, except that lands known to contain workable deposits of coal and so designated on the maps furnished shall