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R. 44 E., prepared by L. W. Burtch, U. S. deputy mineral surveyor, there is to be found dark carbonaceous shales which prove the existence of liquid hydrocarbons which leads me to the conclusion that this section of country will on development produce petroleum with a paraffine base.

This showing indicates that there is a possibility that the lands described, on development, will be found to be oil lands and as none of the tracts have been entered or otherwise disposed of I see no objection to the withdrawal thereof as requested, with such restrictions as seem just to both agricultural and mineral claimants.

Accordingly the lands described in the petition are hereby withdrawn from agricultural entry for a period of one year from date hereof, provided that failure to prosecute mineral development work with reasonable diligence shall be considered an abandonment and consequently good cause for revoking the withdrawal.

You will so advise petitioners, through Mr. Cowgill at Baker City, Oregon, making the proper notations on the records of your office.

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By letter of February 18, 1902, Special Agent Jay Cummings was directed to report on the mineral (oil) character of certain land so as to enable this office to determine whether the suspension from entry of same ordered by this office should be revoked. I am now in receipt of a letter from Mr. Cummings stating that it has been demonstrated beyond all reasonable doubt that the following-described lands do not contain mineral (oil) and that the same should be restored to entry.

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The orders of Feb. 21,' and Feb. 28, 1900,1 suspending from all disposition certain lands, are in so far as they relate to the above-described tracts hereby revoked and the land restored to entry.

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WITHDRAWAL OF JUNE 3, 1902.

JUNE 3, 1902.

The COMMISSIONER OF THE

SIR:

GENERAL LAND OFFICE.

Herewith is a petition from the Union Pacific Railroad Company, wherein that company sets forth that Sec. 27, T. 15 N., R. 118 W., Evanston, Wyoming, land district, is one of the alternate odd-numbered sections within the limits of the grant made to aid in the construction of the Union Pacific railroad; that the company's main line of road has been changed so as to extend across this section; that the company has had a coal mine thereon since 1899, from which coal has been and is being taken in large quantities; and that the opening and development of this mine was at an expenditure to the company of over $175,000. It also appears from this petition and the files of your office, that the company, in the course of an endeavor to procure a supply of water for its said mining operations and the use of its employes engaged therein, sunk a well upon said section in 1900, in which some evidences of oil were found, but which did not result in the production of a supply of good water. Said petition states, in substance, that there has been no discovery of valuable deposits of oil in said section; that it is not valuable for other minerals than coal; and that it is of very great value for its coal deposits.

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The Department will, at the earliest moment, send a special inspector to make a thorough and impartial investigation of the situation respecting the known character of this section, that is, as to whether, under the development then existing, it is more valuable for oil than for coal. The railroad company and the oil prospectors and protestants will be accorded a full opportunity to be heard before the inspector and to present all existing proofs to him, and the extent and character of the oil discovery in the well sunk by the railroad company will be carefully investigated by him. The Department will then, upon full consideration of the matter, promptly determine whether said section passed to the railroad company under its grant or is excepted therefrom.

As to other unpatented alternate odd-numbered sections within the limits of the grant which are not occupied or used for any important purpose, but which are supposed (as contradistinguished from known) to contain oil deposits, and which are attempted to be prospected and explored for that reason, the consideration of the requested issuance of patents will be deferred a reasonable time to permit such prospecting and exploration to be thoroughly done wherever it is attempted in good faith. If the work of prospecting or exploration is retarded or interfered with by the railroad company, consideration of the requested issuance of patents will be further deferred accordingly.

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The attention of the register and receiver at Evanston, Wyoming, should be invited to section 452 of the Revised Statutes and to the circular of September 15, 1890 (11 L. D., 348).

Very respectfully,

THOS. RYAN
Acting Secretary.

1 Interpreted as applying only within the Evanston land district. See letter from Secretary to Commissioner dated March 16, 1903.

WITHDRAWAL OF JULY 21, 1902.

JULY 21, 1902.

REGISTER AND RECEIVER,

SIRS:

Burns, Oregon.

By office letter "N" of October 7, 1901,1 upon petition of Solomon Hirsch, of Portland, Oregon, and others, certain lands in your district alleged to be oil bearing in character were withdrawn from agricultural entry for a period of one year from date hereof, provided that failure to prosecute work with reasonable diligence shall be considered an abandonment and consequently good cause for revoking the withdrawal. The lands so withdrawn are described as follows:

All of sections 1, 2, 11, 12, 13, 14, 23, 24, 25, 26 and 35 in Township 15, South, Range 43, East of Willamette Meridian.

All of sections 7, 8, 17, 18, 19, 20, 21, 22, 27. 28, 29, 30, 31, 32, 33, 34 and 35 in Township 15, South, Range 44, East of Willamette Meridian.

All of sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 17, 21, 22, 23, 24, 25, 26, 27 and 35, in Township 16, South, Range 44 East of Willamette Meridian.

All the sections lying in the west half of Township 16, South, Range 45, East of Willamette Meridian, excepting therefrom section 16.

All the sections lying in the east half of Township 17, South, Range 44 East of Willamette Meridian, excepting therefrom section 36.

All the sections lying in the west half of Township 17, South, Range 45, East of Willamette Meridian, excepting therefrom section 16.

I am now in receipt of application of the Malheur Oil Company by its president, Solomon Hirsch, and secretary Isaac N. Fleischner, to extend the withdrawal for an additional period of not less than one year. The application is supported by the affidavits of I. W. Hope, W. G. Hope and W. P. Keady and is based upon the following state of facts:

The Malheur Oil Company is the owner of 64 oil locations of 160 acres each of these lands, the locations having been made by 64 associations of individuals and by them sold to the Malheur Oil Company. The company began the work of developing these alleged oil fields late in 1901 and has since expended a sum in excess of $12,600 in the construction of buildings, the purchase and installation of machinery on the ground, payment for labor and for supplies, fuel and other incidental expenses. A sufficient plant has been installed to sink a well 3,000 feet and a well has been sunk to a depth of over 800 feet. All this development work is on the N. of Sec. 29, T. 15 N., R. 44 W.2 It is further set forth in the application that it is the intention of the company to carry on the work with all diligence and should the well at present being sunk fail to disclose the presence of oil in commercial quantities to sink another well or wells with a view to giving the lands a thorough test, but that in view of the uncertainty of work of this character the company can not safely engage in the development of these lands in the manner desired without further assurance that its title to these claims will be protected from agricultural entry.

These lands comprise 103 sections in six contiguous townships and up to date, though nine months have elapsed since the withdrawal, no development work has been done or even commenced at but the one point on section 29. The suspension under the withdrawal made October 7, 1901, provided that "failure to prosecute work with reasonable diligence shall be considered an abandonment and consequently good cause for revoking the order." It is possible that this proviso was not fully understood and that the position of this office may be more clearly defined it will be required of persons and corporations working under the privilege granted by the extension of the period of withdrawal for one year, to October 7, 1903, which is hereby

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support the above request and as lands in adjoining townships have been suspended and as sufficient reasons are shown for the desired action, you are hereby directed to suspend from agricultural entry said lands until further advised.

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January 24, 1901, Messrs. Hendrick and Wright, San Diego, California, petitioned this office for the suspension from entry of certain described lands because

a large number of individuals, residents of the State of California have discovered X X x superficial mineral deposits not in place consisting of large quantities of gypsum, which lands also contain strong surface indications of petroleum x X Χ and in pursuance of the custom of miners in the mining districts of the State of California posted notices, of their several mining locations upon said lands at point of dis

covery.

The following are the lands described in said petition:

West one half () of Section twenty-four (24), Sections twenty-three (23), twenty-two (22), twenty-seven (27), twenty-six (26), and twenty-five (25) of township fifteen (15) South, range eight (8) east San Bernardino Base and Meridian.

South one half (1) of Section thirty-five (35), Southeast quarter (†) of section thirtyfour (34), and southeast quarter (4) of section thirty-three (33) of Township fourteen (14) South, Range nine (9) east, San Bernardino Base and Meridian.

Northeast quarter (1) of section four (4), North one-half (1) Section three (3), South one half (1) section two (2), all of section one (1), Township fifteen (15) South, Range nine (9) east, San Bernardino Base and Meridian.

Southwest quarter (1) Section twenty-two (22), South one half (3) section twenty-one (21), Southeast quarter (1) Section twenty (20), West one half of section twenty-seven (27), all of section twenty-eight (28), East one half (1) Section twenty-nine (29), Southwest quarter of section twenty-nine (29), South one half (1) of section thirty (30), all sections thirty-one (31), thirty-two (32), thirty-three (33), West one half of section thirty-four (34), Southeast quarter (1) of section thirty-four (34), Southwest quarter of section thirty-five (35), Township fourteen (14) South, Range ten (10) east San Bernardino Base and Meridian.

South one half (1) of section two (2), South one half of section three (3), Northwest quarter of section three (3) all of sections four (4), five (5), six (6), seven (7), eight (8), nine (9), ten (10), eleven (11), fourteen (14), fifteen (15), sixteen (16), seventeen (17), eighteen (18), nineteen (19), twenty (20), twenty-one (21), twenty-two (22), twentythree (23), twenty-six (26), twenty-seven (27), twenty-eight (28), twenty-nine (29), thirty (30), thirty-one (31), thirty-two (32), thirty-three (33), thirty-four (34), thirtyfive (35), thirty-six (36), Southeast quarter of section twenty-five (25), West half of section twenty-five (25), and the west half of section twenty-four (24), Township fifteen (15) South, range ten (10) east San Bernardino Base and Meridian.

Southwest quarter of section nineteen (19), West one half of section thirty (30), west one half of section thirty-one (31) Township fifteen (15) South, range eleven (11) east, San Bernardino Base and Meridian.

Sections one (1), two (2), three (3), ten (10), eleven (11), twelve (12), thirteen (13), fourteen (14), fifteen (15), twenty-two (22), east half of section four (4), east half of section nine (9), east half of section sixteen (16), East half of section twenty-one (21), northeast quarter of section twenty-eight (28), North half of section twenty-seven (27), Northwest quarter of section twenty-six (26), West half of section twenty-three (23), northeast quarter of section twenty-three (23), North half of section twenty-four (24), Township sixteen (16) South, Range ten (10) east, San Bernardino Base and Meridian.

West one half of section six (6), West one half of section seven (7), Southeast quarter of section seven (7), Southwest quarter of section eight (8), West half of section seventeen (17), Section eighteen (18), West half of section nineteen (19), Northwest quarter of section twenty (20) Township sixteen (16), South, Range eleven (11) East, San Bernardino Base and Meridian.

Affidavits in support of these statements are submitted, also a letter of II. P. Wood, San Diego, California, calling my particular attention to the necessity for the desired action. The allegations herein are practically the same as in cases in which suspension has been made.

The petition is granted for a reasonable period to allow the mineral claimants an opportunity to develop the mining claims. The suspension will not, however, interfere with the due consideration of any claim or contest pending at the date of the receipt hereof. Advise the above parties hereof, and that this will conclude all notice to them under their said petition, as under the rules publication is required of all entries or selections within six miles of mining claims, during which time specific protests may be filed.

Very respectfully,
BINGER HERMANN
Commissioner.

WITHDRAWAL OF APRIL 6, 1901.

APRIL 6, 1901.

REGISTER AND RECEIVER,

Redding, California.

SIRS:

By my letter of December 26, 1900, to Hon. George C. Perkins, U. S. Senate, of which you were advised January 28, 1901, the petition of James P. Eaton for the suspension from agricultural entry of certain described lands in your district alleged to contain valuable deposits of oil, was denied.

I am now in receipt of a letter from D. G. Reid, Redding, California, dated March 26, 1901, enclosing the petition of Mr. Eaton for the reconsideration of my said letter of December 26, 1900, and as reasons therefor it is alleged by affidavit that on January 1, 1901, the Shasta Consolidated Oil Company, of which Mr. Eaton is president, began active operations upon said lands, and that since said time it has sunk a well upon section 2, township 32 N., R. 3 W., M. D. M., to a depth of 665 feet, and in sinking said well it has struck crude petroleum oil seepages, and that further sinking of said well will develop oil in paying quantities. It is also alleged that if opportunity is offered an investigation will be duly made of all the lands sought to be suspended from entry. The petitioner states that although said lands were returned as non mineral, they have not been sought as agricultural lands and are not in fact agricultural lands but are in reality nearly valueless unless oil should be discovered in paying quantities upon them. The suspension is especially sought because the company has gone to great expense in procuring the best machinery and the best workmen for the sinking of said well, as shown by the rapid progress made therein and only requests a limited time within which to test the territory covered by its claims, which are indicated in red on a map accompanying the petition. This is all the evidence shown as a basis for the desired action. It is not shown how the company acquired control of the tracts which it claims is part of its territory, nor whether any mineral locations for the land had been made, although reference is made in the original petition to mineral locations upon the land. It would appear, however, that the petitioner may, without injury to the rights of other persons, be permitted a reasonable time within which to determine, by investigation, the actual character of the lands which it claims.

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