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ber. The acts and the insular legislation are given in the appendix. The Code differs considerably from the general American mining law. It allows no extralateral rights, but to make up for that a greater width of lode claim is permitted. Only one lode claim, not to exceed 300 meters square, may be located on the same vein by the same locator or locators.

Porto Rico. By the act of July 1, 1902,112 all public lands in Porto Rico were ceded by the United States to the government of Porto Rico. There is apparently no local legislation, though there seems to be mineral land there.113

Rhode Island. Same state of facts as Delaware.

South Carolina was one of the thirteen original states, so the federal mining laws have never applied there. The state legislation provides that, where lands are actually mined, the gross proceeds alone shall be assessed and taxed.114 It also regulates the employment of children in mines.

South Dakota is a mining law state, and has a general mining code, supplementing the federal legislation.115

Tennessee. The entire area of Tennessee was originally public domain; but the United States donated the same to the state,116 and the federal mining laws have not applied there. The state legislation provides for the inspection and other police regulation of mines.117

Texas came into the Union owning its own lands. The federal land laws have never applied there. The state has a complete mining code.118 It is given in the appendix, and differs from the federal legislation principally in recognizing no extralateral rights.

Utah is a mining law state, and has a general mining code, supplementing federal legislation,119 as well as acts for the inspection and other police regulation of mines.120

112 32 Stat. 731, c. 1383.

113 See 2 Lindley on Mines (2d. Ed.) § 878.

114 Acts S. C. 1905, pp. 996, 997, § 14.

116 Rev. Pol. Code S. D. §§ 2656-2711; Laws 1903, pp. 209-213, cc. 178-182. 110 Donaldson, Public Domain, pp. 421-423.

117 Mill. & V. Code Tenn. §§ 307-309; Shannon's Code Supp. (1897-1903) pp. 472-502, 683.

118 2 Sayles' Ann. Civ. St. Tex. 1897, arts. 3481-3498t; Sayles' Ann. Civ. St. Supp. 1897-1904, pp. 355, 356; Gen. Laws Tex. 1907, p. 331, c. 178. 119 Rev. St. Utah 1898, §§ 1495-1506; Laws 1899, pp. 26-29; Laws 1901, p. 19; Laws 1903, p. 9; Compiled Laws Utah 1907, §§ 1495-1506x2.

120 Rev. St. Utah 1898. §§ 1507-1540; Laws 1901, pp. 83-91, 150-151; Laws 1907, p. 34; Compiled Laws Utah 1907, §§ 910, 1337, 1338, 1507-1540x4.

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Vermont was created out of territory belonging to some of the thirteen original states, and never has been subject to the federal mining or other land laws. Both New Hampshire and New York had claimed jurisdiction over Vermont territory, but whichever was entitled necessarily gave up its rights to Vermont on the latter's admission into the Union. The state legislation taxes mining and quarry rights.121

Virginia was one of the thirteen original states, so the federal mining laws have never applied there. The state legislation requires the state board of agriculture to collect minerals and assay them for the benefit of the owners, provides for the assessment of taxes on mineral lands and the sale or lease of infants' mineral lands, and contains certain police regulations.122

Washington is a mining law state, and has a general mining code, supplementing federal legislation,128 and statutes for the inspection and other police regulation of mines, providing for a mining bureau, giving special rights to mining corporations, etc.124

West Virginia was carved out of Virginia, one of the thirteen original states, and was never subject to the federal mining laws. It succeeded to the rights of Virginia in undisposed-of lands. The state legislation provides for the inspection and other police regulation of coal mines.125

Wisconsin. For federal legislation and experience, see Michigan supra. The state legislation covers a number of mining matters. Among other things, it provides that corporations may be formed for mining, smelting, quarrying, and other like business. It lays down rules to govern mining contracts, provides for the condemnation of water-ways, for drainage, etc., imposes criminal penalties for digging

121 V. S. 1894, § 365; Laws 1900, pp. 10-12, No. 12.

1221 Va. Code, 1904, §§ 1783a, 1783g; 2 Va. Code 1904, §§ 2570-2572, 26162626, 3657bb.

123 1 Ballinger's Ann. Codes & St. Wash. §§ 3151-3157 (Pierce's Code, §§ 6432-6439); Laws 1899, pp. 47, 69, 155, 337, cc. 34, 45, 96, 147; Laws 1901, p. 292, c. 137.

124 Ballinger's Ann. Codes & St. Wash. §§ 179-182, 3145-3150, 3158-3211, 4081, 4280-4284 (Pierce's Code, §§ 6493, 6494, 6497, 6498, 6501-6504, 64956496a, 6499, 6500, 6511, 6513, 6516, 6509, 6515, 6512, 6506, 6505, 6510, 6514, 6517, 6519, 6522, 6524, 6520, 6521, 6471-6479, 6454-6470); Laws 1907, pp. 130, 203, cc. 77, 105.

125 Code W. Va. 1899, pp. 1045-1061; Laws 1901, pp. 84-86, 142, 224-234, cc. 31, 57, 106 (Code 1906, §§ 420-429, 468, 404, 409, 410, 419); Laws 1903, p. 163, c. 51 (Code 1906, § 471); Laws 1905, pp. 426-430, 491, cc. 46, 75 (Code 1906, §§ 400-403, 455-458).

up, severing, or carrying away minerals from public lands, or lands belonging to or lawfully occupied by another, prescribes rules to be followed in the case of conflicting claims to mining grounds, requires smelters to keep accounts of ores, regulates the employment of children in mines, etc.120

Wyoming is a mining law state, and has a general mining code, supplementing federal legislation,127 and statutes for the inspection and other police regulation of coal mines.128

126 1 St. Wis. 1898, §§ 220, 1379 (1), 1647-1657, 1728a; 2 St. Wis. 1898, §§ 4441, 4442; Sanborn's St. Supp. 1906, §§ 1042j, 1647a.

127 Rev. St. Wyo. 1899, §§ 2533-2561; Laws 1901, pp. 39, 104, 105, cc. 41, 100.

128 Rev. St. Wyo. 1899, §§ 110-115, 2562-2596; Laws 1903, pp. 9, 18-21, 31-33, 101, cc. 6, 23, 35; Laws 1905, p. 100, c. 58.

CHAPTER III.

THE LAND DEPARTMENT AND THE PUBLIC SURVEYS.

10. The Land Department.

11. The Attitude of the Courts Toward the Land Department.

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10. The land department is a branch of that department of the federal government of which the Secretary of the Interior is the head. The chief functions of the land department are to attend to the survey of the public lands, to supervise land entries, and to issue patents. Under the Secretary of the Interior is the Commissioner of the General Land Office, and subordinate to the latter, are the surveyors general of the different districts and the registers and receivers of the local land offices.

All proceedings begin in the survey and land districts, and reach the Commissioner of the General Land Office on appeal or in due course of ex parte procedure. In proper cases an appeal may be taken to the Secretary of the Interior. All proceedings are

governed by the regulations of the land department.

Preliminary to an understanding of our subject, it is desirable to know something about the land department of the national government, as that is intrusted by Congress with the management and sale of the public lands of the United States. The land department has been since 1849 a branch of the Interior Department of the United States government. Prior to that time it was under the Treasury

Department.

The Secretary of the Interior.

The head of the land department is, of course, the Secretary of the Interior, who represents the President of the United States. The Secretary is charged with the supervision, among other things, of the public business relating to "the public lands, including mines." 2 The

1 Act March 3, 1849, c. 108, 9 Stat. 395; Rev. St. U. S. § 437 (U. S. Comp. St. 1901, p. 248) ff. Compare U. S. v. Schlierholz (D. C.) 133 Fed. 333.

2 Rev. St. U. S. § 441 (U. S. Comp. St. 1901, p. 252). See Knight v. U. S., 142 U. S. 161, 12 Sup. Ct. 258, 35 L. Ed. 974. "Further, it must be remembered that the general supervision of the affairs of the land department is now vested in the Secretary of the Interior, and that, unless Congress clearly designates some other officer to act in respect to such matters it will

Secretary of the Interior is represented in the land department by assistant secretaries.

The Commissioner of the General Land Office.

Under the Secretary of the Interior is the Commissioner of the General Land Office, who, under direction of the Secretary, is to perform "all executive duties appertaining to the surveying and sale of the public lands of the United States, or in any wise respecting such public lands, and also such as relate to private claims of land, and the issuing of patents for all grants of land under the authority of the government." An assistant commissioner of the General Land Office and other subordinate officers are provided for.*

The Surveyor General.

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The Commissioner of the General Land Office being charged, as above, with the executive duties appertaining to the surveying, as well as the sale, of the public lands, it seems to be clear that the surveyors general appointed in the different states and territories by the President, one for each survey district, are subordinate to the Commissioner of the General Land Office. The surveyors general appoint the deputy mineral surveyors, subject to review by the General Land Office. Other officers under the Commissioner of the General Land Office are the registers and receivers of the various local land offices,' who have to reside at the place where the land office for which they are appointed is kept.

Registers and Receivers.

When controversies over land arise, it is in the local land offices that they start. "A local land office is an office occupied by two officers. It is the office of the register, and also of the receiver." The duties of the registers and receivers are distinct, the register being primarily a temporary recorder (though, since, sooner or later, all papers are transmitted to the General Land Office, and only plat and tract books remain permanently at the local land office, the local office is not strictly a place of record), and the receiver being primarily a treasurer; but the two officers must act together for so many purposes

be assumed that he is the officer to represent the government." Johanson v. Washington, 190 U. S. 179, 185, 23 Sup. Ct. 825, 47 L. Ed. 1008. Rev. St. U. S. § 453 (U. S. Comp. St. 1901, p. 257).

4U. S. Comp. St. 1901, p. 256; U. S. Comp. St. Supp. 1907, p. 61. Craigin v. Powell, 128 U. S. 691, 9 Sup. Ct. 203, 32 L. Ed. 566.

• Robert Gorlinski, 20 Land Dec. Dep. Int. 283.

7 Rev. St. U. S. §§ 2234-2237 (U. S. Comp. St. 1901, p. 1366). See list of land offices in section 13 of this chapter.

Rev. St. U. S. § 2235 (U. S. Comp. St. 1901, p. 1366).

• Paris Meadows et al., 9 Land Dec. Dep. Int. 41, 44

COST.MIN.L.-4

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