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to the township above named. The parties referred to are: Frank H. Short, S. T. Carter, George W. Jones, H. C. Easton and Chester Rowell, Fresno, California, and Emil Grunig, Mendota, California.

The Cantua Oil & Development Company is shown by map accompanying the protest to have claimed portions of the township under placer mining locations and you will advise it that said land has been relieved from suspension.

You will also notify S. C. Lillis, of San Francisco, and Richard E. McKenna, who have applied to enter some of said lands, under the agricultural land laws.

Very respectfully,

W. A. RICHARDS
Commissioner.

WITHDRAWAL AND RESTORATION OF MARCH 16, 1903.

SECRETARY HITCHCOCK TO THE COMMISSIONER OF THE GENERAL LAND OFFICE, MARCH 16, 1903.

(32 L. D., 48.)

In a communication addressed to your office by this Department June 3, 1902,' it was ordered that action upon requests by the Union Pacific Railroad Company for the issuance of patents to the unpatented alternate odd numbered sections of land within the limits of said company's grant in the Evanston land district, Wyoming, be deferred for the time being, to permit such investigation and consideration as would enable the Department to determine whether, to what extent, and for what time, the further issuance of patents to said company for lands in said district shall be withheld in order that such lands may be prospected and explored for oil deposits supposed (as contradistinguished from known) to be contained therein, by persons who may, in good faith, wish to undertake such prospecting and exploration.

Subsequently to the date of said communication, an investigation of said alternate odd numbered sections was made, under the direction of this Department. As a partial result of that investigation, your office was instructed, by departmental communication of December 30, 1902,2 that the consideration of requests for patent by said company need no longer be deferred as to any odd numbered sections of land within its grant lying east of range 112 in said land district; that as to all such lands the administration of the company's grant should be proceeded with the same as though the order of June 3, 1902, had not been made; and that requests for patent to alternate odd numbered sections within the company's grant lying west of range 112 in said land district should remain suspended until more definite direction could be given with respect thereto. More definite direction will now be given.

As the result of a full and careful examination and consideration of the evidence taken in the investigation before named, your office is directed as follows:

(1) To suspend until December 1, 1903, all proceedings looking to the patenting, under the Union Pacific railroad land grant, of any lands within the following limits in said Evanston land district, to-wit: Beginning on the western boundary of the State of Wyoming at the point where the same intersects the south line of township 13 north, and running thence east along said township line to its intersection with the eastern line of range 117 west, and running thence north along said range line to its intersection with the southern line of township 15 north, and running thence east along said township line to its intersection with the eastern line of range 115 west, and running thence north along said range line, with its off-sets, to its intersection with the north line of township 21 north, and running thence along said township I See p. 72.

15211°-Bull. 623-16- -6

2 See p. 77.

line to its intersection with the said western boundary of the State of Wyoming, and running thence south along said State boundary to the place of beginning.

(2) To withhold and suspend, until December 1, 1903, from entry, location and disposition of every character, under any of the public land laws other than the mining laws, all public lands within the limits hereinbefore specifically described; but this shall not, of itself, delay or prevent the recognition or perfection of any bona fide claim heretofore initiated under any of the public land laws to any public lands within said limits.

(3) To relieve from the orders of June 3, 1902, and December 30, 1902, before named, all the odd numbered sections within said railroad land grant which are not embraced within the limits hereinbefore specifically described, and as to the lands so relieved, to proceed with the administration and adjustment of said land grant as if the restrictive orders of June 3, 1902, and December 30, 1902, had not been issued.

(4) Upon and after December 1, 1903, and without awaiting further direction, to proceed with the administration and adjustment of said railroad land grant as to the alternate odd numbered sections within said land grant which are also within the limits hereinbefore specifically described, and in so doing to consider and determine, in due course and according to the usual rules, the then known character of the lands within said limits sought to be patented under said railroad land grant, and to consider and determine, in due course and according to the usual rules, all claims asserted under the mining laws to any of said lands.

(5) Upon and after December 1, 1903, and without awaiting further direction, to treat the public lands within the limits hereinbefore specifically described as relieved from this order of suspension, and to permit entry, location and disposition thereof according to their nature and in conformity with law.

The purpose of this order is to permit, encourage and protect, so far as the Department can do so, but within the time herein named, the exploration and exploitation of the unpatented alternate odd numbered sections within said railroad land grant which are within the limits hereinbefore specifically described, and of the public lands within said limits, for the purpose of ascertaining and demonstrating whether, as claimed, such lands or any of them are mineral in character, in that they are chiefly valuable for their oil or other mineral deposits; but in justice to the railroad company, whose line of railroad has long since been completed in conformity with the land grant act, and in justice to others who may desire to take any of the public lands within said limits under any of the public land laws other than the mining laws, it is necessary that this order of suspension shall not be operative longer than until December 1, 1903, that being deemed ample time within which, in addition to the exploration and exploitation heretofore had, to fairly develop the character of these lands.

The direction herein given should be promptly communicated to the local land officers by telegraph, as well as by letter, but such direction will not in any manner apply to any lands heretofore patented to the railroad company or to others. The papers relating to the investigation herein referred to are herewith transmitted for the files of your office.

[See letter to Register and Receiver, Evanston, March 21, 1903, below.]

WITHDRAWAL OF MARCH 21, 1903.
Telegram.

REGISTER AND RECEIVER,

Evanston, Wyoming.

MARCH 21, 1903.

Suspend until December first, nineteen hundred and three, from disposition under the railroad grant the following described lands: Beginning on western boundary of Wyoming at point where same intersects south line of township thirteen north; run

ning thence east along said township line to its intersection with eastern line range one hundred and seventeen west; thence north to southern line of township fifteen north; thence north along said range line with its offsets to northern line township twenty-one north; thence along said township line to Western boundary of Wyoming; thence south along said State boundary to place of beginning.

Suspend until December first, ninteen hundred and three, from entry, location and disposition of every character under any of the public land laws other than the mining laws all public lands within the limits above specifically described, but this shall not of itself delay or prevent the recognition or protection of any bona fide claim heretofore initiated under any of the public land laws to any public lands within said limits.

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By office letter of September 27, 1901,' addressed to you, certain lands in your district and in the Buffalo, Wyoming, land district, were suspended from present disposition under the agricultural land laws that opportunity might be given to develop the same as mineral it appearing that said lands contain oil in paying quantities or such evidences of the existence of oil as would justify the action taken. The lands so suspended are described as follows:

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It would appear that ample opportunity has been afforded mineral claimants to explore and develop the land in question and that the public interests would be promoted by the removal of the order of suspension from such lands as now appear to be non-mineral in character. Accordingly the suspension of September 27, 1901, is revoked except as to the following described lands:

Sections 25 to 36 inclusive, of T. 42 N., R. 78 W.
Sections 25 to 36 inclusive of T. 42 N., R. 79 W.

All of townships 41 N., Ranges 78 and 79 W.

All of Township 40 N., Ranges 78 and 79 W.

Sections 1, 12, 13, 24, 25, 36, T. 40 N., R. 80 W.

All of Townships 39 N., Ranges 78 and 79 W.

Sections 1, 2, 11, 12, 13, 14, 23, 24, 25, 26, 35 and 36, T. 39 N., R. 80 W.
Sections 1 to 6 inclusive, T. 38 N., R. 78 W.

1 See p. 66.

Sections 1 to 6 inclusive, T. 38 N., R. 79 W.
Sections 1 and 2, T. 38 N., R. 80 W.
You will note this action on your records.

Very respectfully,

W. A. RICHARDS,
Commissioner.

[Copy to Register and Receiver, Buffalo.]

RESTORATION OF APRIL 7, 1903.

APRIL 7, 1903.

REGISTER AND RECEIVER,

Visalia, California.

SIRS:

By telegram "P" of February 26, 1900,1 lands in T. 27 S., R. 18 E. M. D. M., were withdrawn from disposition under the agricultural land laws upon the allegation that same contain deposits of mineral (oil). The lands in said township were examined by a special agent of this office in the month of February 1903, and I am now in receipt of his report to the effect that same are apparently valueless except for agricultural and grazing purposes; that so far as he has been able to ascertain no oil or other mineral has been discovered in said township, and that no attempt at mineral development is now being made. He interviewed a number of residents in the vicinity and appends their statements to the effect that to their knowledge there is no indication of oil or other mineral upon said lands and that no development work for the production of minerals is being prosecuted in any portion thereof and that in their opinion same is chiefly valuable for agricultural purposes. The agent therefore has reached the conclusion that the lands in T. 27 S., R. 18 E., have no value for mineral but do possess some value for agricultural and grazing purposes and he accordingly recommends that the order of suspension be removed therefrom.

It appears from an examination of the records of this office that said township was returned as agricultural by the survey thereof and that no mineral applications or entries have been presented for lands therein. Applications have, however, been received at this office for entry of a portion of said lands under the agricultural land laws. In view of the finding made by the special agent and of the other facts mentioned herein it would appear that no reason for the further suspension of said lands exists and said Township 27 South, Range 18 East, M. D. M., is hereby relieved from the suspension placed thereon by telegram "P" of February 26, 1900. Very respectfully,

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By telegram "P" of February 26, 1900,1 the lands in T. 26 S., R. 18 E., M. D. M., were withdrawn from disposition under the agricultural land laws upon the allegation that the same contain deposits of mineral (oil). The lands in said township were examined by a special agent of this office in the month of March 1903 and I am now in receipt of his report to the effect that the same are valueless except for agricultural and grazing purposes; that so far as he has been able to ascertain no oil or other mineral

I See p. 61.

has been discovered in said township and that no attempt at mineral development is being made. He interviewed a number of residents in the vicinity and appends their sworn statements to the effect that to their knowledge there are no seepages of oil to be found upon any portions of said lands and no discovery of oil or other mineral has ever been made; that no development work for the production of oil or other mineral is being, or has ever been prosecuted on any portion of said lands, and that in their opinion they have no value whatever for oil or minerals of any kind. The agent therefore has reached the conclusion that the lands in said township have no value for mineral but do possess some value for agriculture and grazing purposes, and he accordingly recommends that the lands be relieved from suspension.

It appears from an examination of the records of this office that said township was returned as agricultural by the surveyor general and that no mineral applications or entries have been presented for lands therein. Applications have, however, been received for entry at this office of a portion of said lands under the agricultural laws. In view of the finding made by the special agent and of the other facts mentioned herein it would appear that no reason for the further suspension of said lands exists and said T. 26 S., R. 18 E., M. D. M., is hereby relieved from the suspension placed thereon by telegram "P" of February 26, 1900.

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By telegram "P" of February 26, 1900,1 the lands in T. 25 S., R. 17 E., M. D. M., were suspended from disposition under the agricultural land laws on account of their alleged mineral (oil) character.

March 29, 1903, said township was examined by a special agent under direction of this office and on April 10, 1903, he submitted report to the effect that he found no evidence that oil or other mineral has been discovered on any of the lands embraced therein and that no attempt at mineral development is now being made. He interviewed, and obtained the affidavits of, a number of residents of the locality all of whom agree in stating that the lands are chiefly valuable for agricultural and grazing purposes and that there are no mineral indications thereon. Said agent accordingly recommends that the township be relieved from further suspension. The said township was returned as agricultural by the official survey thereof and it would appear from the records of this office that no mineral applications or entries have been presented for lands therein during the period of suspension. In view of these facts and of the statements contained in the special agent's report and accompanying affidavits, T. 25 S., R. 17 E., M. D. M., is hereby relieved from the suspension placed thereon by said telegram "P" of February 26, 1900.

Make the proper notations upon your records.

Very respectfully,

1 See p. 61.

J. H. FIMPLE Assistant Commissioner.

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