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RESTORATION OF MAY 8, 1903.

MAY 8, 1903.

REGISTER AND RECEIVER,

SIRS:

Visalia, California.

By telegram "P" of February 26, 1900,1 T. 26 S., R. 17 E., M. D. M., was suspended from disposition under the agricultural land laws on account of its alleged mineral (oil) character. March 30, 1903, said tract was visited by a special agent of this office who reports that so far as he has been able to ascertain there has been but one attempt made to produce oil in the township and that resulted in failure; that he interviewed many persons well acquainted with said lands who agree in stating that no oil or other mineral has ever been discovered thereon and that no attempt at mineral development is now being made. He further states that the lands are apparently valueless except for agricultural and grazing purposes and recommends that they be relieved from further suspension. The report is accompanied by the affidavits of two persons resident in the vicinity, corroborative of the statements made in the report. The lands in question were returned as agricultural by the survey thereof and I do not find that any mineral applications or entries have been presented therefor. In view of these facts and the statements contained in the report of the special agent, T. 26 S., R. 17 E., M. D. M., is hereby relieved from the suspension placed thereon by said telegram "P" of Feb. 26, 1900. Make the proper notations upon your records.

Very respectfully,

J. H. FIMPLE Acting Commissioner.

RESTORATION OF MAY 8, 1903.

MAY 8, 1903.

REGISTER AND RECEIVER,

Visalia, California.

SIRS:

By telegrams "P" of February 26th 1 and 28,1 1900, Townships 25, 26 and 27 S., R. 19 E., M. D. M., were suspended from disposition under the agricultural land laws on account of their alleged mineral (oil) character. Said townships were recently visited by a special agent of this office who reports that no mineral has ever been discovered on any portion of the land in question and that no attempt at mineral development is now being made so far as he is able to ascertain. He states that a well was bored on Sec. 9, T. 25 S., R. 19 E. some time ago but that no oil was obtained and the well was abandoned. He reports that the lands are valueless for mineral but do possess some value for agricultural and grazing purposes, and therefore recommends that they be relieved from further suspension. The statements contained in his said report are corroborated by the affidavits of two residents of the vicinity. Said townships were returned as agricultural by the official survey thereof and I find no evidence on the records of this office that any of the lands have been applied for or entered under the mineral land laws. In view of these facts, the said townships 25, 26 and 27 S., R. 19 E., M. D. M. are hereby relieved from suspension. Make the proper notations upon your records.

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RESTORATION OF AUGUST 18, 1903.

AUGUST 18, 1903.

REGISTER AND RECEIVER,

SIRS:

Los Angeles, California.

By office letter of August 11, 1900,1 the land in townships 1 S. of ranges 16, 17, 18, 19 and 20 W., S. B. M., were suspended from disposition under the agricultural land laws upon allegation that same was valuable for its deposits of mineral (oil). February 13, 1902, you transmitted to this office, in connection with the record in case of the application of Jose Serrano to enter under the homestead laws a portion of section 9, T. 1 S., R. 20 W., a statement by Mr. H. W. Duncan to the effect that the suspension of said lands has resulted in hardship to settlers and to those desiring to settle upon the public domain and has served no good purposes and that notwithstanding the fact that considerable prospecting has been done no oil whatever has been discovered. Said record is also accompanied by a petition signed by William F. Swinney and four other persons who state that they are settlers in T. 1 S., R. 20 W., and request that the order of suspension be revoked for the reason that the lands withdrawn are nonmineral in character and have no value except for farming and grazing purposes.

Mr. A. W. Marsh, of Los Angeles, has filed in this office a number of statements to the effect that the lands in question are of no value except for their deposits of mineral and that if the order of suspension is allowed to remain, the mineral prospectors will be enabled to enlist capital to assist in the development of the deposits of mineral therein contained, but if the order of suspension is revoked it will be impossible to obtain money to complete the work. The statement is accompanied by several affidavits from persons who state that they are familiar with the lands in question and that in their opinion the whole district is essentially mineral except a few tillable spots now occupied by homesteaders.

Acting under instructions received from this office, a special agent visited the land in question during the month of July, examined same and interrogated a number of persons resident in the vicinity, obtaining their affidavits as to the character of the land and other facts pertinent to the investigation. The special agent now reports that careful inquiry of persons resident in the vicinity failed to elicit anything which would show that the lands have any value for oil or minerals of any kind. One well was bored in T. 1 S., R. 20 W., some time ago but instead of oil, water was found and the well was abandoned. He also found, in Sec. 27, T. 1 S., R. 17 W., upon the homestead claim of John Henry an incline of about 100 feet and a shaft fifteen feet in depth in none of which was any discovery of oil or mineral made. He further reports that he did not find, in any portion of the townships herein before described, any oil seepages, oil springs, surface or other indications of oil or mineral which would warrant the lands being classed as mineral in character. The only indication of oil he discovered was a slight coating in some small wells or seams of hard rock on the homestead claim of John Henry. But the prospecting in which Mr. Henry is engaged has up to this time failed to result in the discovery or development of oil or mineral of any kind. The said report is accompanied by the affidavits of a number of persons resident near the lands who state that in their opinion no discoveries of mineral sufficient to warrant the continuance of the order of suspension have been made upon the lands in question; that while the land is rough and broken there are numerous fertile and tillable valleys, while the mountain sides will afford grazing for cattle thus making the land more valuable for agricultural and grazing purposes than for mineral.

The special agent also forwards an affidavit made by Mr. A. W. Marsh which states in a general way that he has examined the lands in question and found oil seepages,

1 See p. 62.

deposits of shale, etc., which indicate that the township is underlid by deposits of oil.

Upon careful consideration of the whole matter, the conclusion is reached that the public interest will be best subserved by a removal of the order of suspension from said land. The said order of suspension, made August 11, 1900, was intended to be temporary only, giving the prospectors time to explore and develop the district and it would appear that ample time has elapsed within which to have demonstrated the existence of mineral therein, if any does exist. It would appear, however, from the statement of the special agent, that all attempts to bore for oil have resulted in failures and that no indication of the existence of valuable deposits of mineral have been found therein. The said order of suspension of August 11, 1900, is accordingly hereby revoked. Make the proper notations upon your records.

Very respectfully,

W. A. RICHARDS
Commissioner.

LETTER OF OCTOBER 13, 1903, FROM ASSISTANT COMMISSIONER TO REGISTER AND RECEIVER.

OCTOBER 13, 1903.

REGISTER AND RECEIVER,

SIRS:

Burns, Oregon.

By office letter of October 7, 1901,' the following described lands,' except such tracts thereof as had been entered or patented, were withdrawn from agricultural entry for a period of one year upon petition filed by Mr. Solomon Hirsch, of Portland, Oregon, and others, alleging that the lands are mineral (oil bearing) in character: 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.

July 7, 1902, there was received an application from the Malheur Oil Company, of Portland, Oregon, asking for an extension of said withdrawal for the reason that while said company began the work of development of their claims upon said lands in 1901 and had expended a considerable sum in the construction of buildings, installation of machinery, and so forth, they had not had sufficient opportunity to give the lands a thorough test. Accordingly, by office letter of July 21, 1902, the said suspension of the lands hereinbefore described was extended to October 7, 1903, provided petitioners "make earnest and diligent efforts" to exploit the lands for oil. The periods of suspension as fixed by said office letters of October 7, 1901, and July 21, 1902, have expired and it is believed that no good reason exists for the further suspension of the lands in question. If locations and discoveries of oil have been made upon any of the lands in question, the locators may protect their interests in the premises should any of said tracts be entered under the agricultural land laws, by filing in the proper local land office their duly corroborated protests. You will accordingly make such notations upon your records as will show that the lands are

1 See p. 67.

See additional lands in letter from Acting Commissioner to Register and Receiver, dated November 17, 1903 (p. 89).

no longer suspended, but are subject to disposition under the appropriate public land laws.

You will give notice hereof to Mr. Solomon Hirsch and the Malheur Oil Company, of Portland, Oregon.

Very respectfully,

J. H. FIMPLE Assistant Commissioner.

CORRECTION OF NOVEMBER 17, 1903.

NOVEMBER 17, 1903.

REGISTER AND Receiver,

Burns, Oregon.

SIRS:

Referring to my letter of October 13, 1903,1 directing you to make such notations upon your records as will show that certain lands therein described, which were suspended from disposition under the agricultural land laws for a period ending October 7, 1903, are no longer suspended but are subject to disposition under appropriate public land laws, I have to advise you that the following lands were inadvertently omitted therefrom: "all the sections lying in the W. of T. 17 S., R. 45 E., W. M., excepting therefrom Sec. 16."

You will make the same notations on your records as to the lands last described. Very respectfully,

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In accordance with the recommendation contained in your office letter "N" of even date herewith you are hereby authorized and directed to instruct the local land officers at Evanston, Wyoming, that the suspension contained in Departmental letter of March 16, 1903,2 be, and is hereby continued until further orders.

The telegram from the Commissioner of the General Land Office, dated the 27th instant, enclosed with your said letter, is herewith returned.

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Townships 21 S., Ranges 15 and 16 E., and T. 22 S., R. 17 E., M. D. M., were suspended from disposition under the agricultural land laws by telegram "P" of February 28, 1900,3 on account of their alleged oil character.

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I am now in receipt of a report from a special agent of this office to the effect that during the month of June, 1903, he visited the lands in question and made an examination thereof, failing to find any indications of oil or mineral of any kind that would warrant same being classed as mineral in character; that a number of wells have been bored for oil in the township last named, but no oil found and the wells long since abandoned. The agent therefore recommends that said townships be relieved from further suspension. No objections thereto appearing on the records of this office, the agent's report is concurred in, and townships 21 S., R. 15 and 16 E., and T. 22 S., R. 17 E., M. D. M.. are hereby relieved from suspension.

Make the proper notations upon your records.

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By telegram "P" of February 28, 1900,1 T. 22 S., R. 18 E., M. D. M., and other lands, were suspended from disposition under the agricultural land laws on account of their alleged mineral (oil) character. I am now in receipt of a report from a special agent of this office who states that in November 1903 he visited T. 22 S., R. 18 E., and found the lands therein to be generally hilly and apparently valueless, except for grazing purposes; that several wells have been bored for oil, one to a depth of about 1900 feet, but, so far as he could ascertain, no oil was found and said wells have long since been abandoned. He states that in his opinion there are no indications of oil or minerals of any kind that would warrant the further suspension of the lands in said township from agricultural entry. In view of the statements contained in said report and of the fact that the records of this office disclose no objection thereto said T. 22 S., R. 18 E., M. D. M., is hereby relieved from suspension. Make the proper notations upon your records.

Very respectfully,

J. H. FIMPLE, Acting Commissioner.

RESTORATION OF JANUARY 7, 1904.

JANUARY 7, 1904.

REGISTER AND RECEIVER,

Visalia, California.

SIRS:

By telegram "P" of February 28, 1900,' townships 22 S., ranges 15 and 16 E., M. D. M., were suspended from disposition under the agricultural land laws on allegations that same contained deposits of mineral oil. The lands in question were visited by a special agent of this office during the months of June and November, 1903, and he reports that the lands are generally hilly and are used principally for grazing purposes; that, so far as he has been able to ascertain, no oil or other mineral has ever been discovered in paying quantities in the townships, although three wells were bored for oil in sections 32 and 33, T. 22 S., R. 16 E., three or four years ago, in two of which some oil was found. He states, further, that the records of the local land

1 See p. 61.

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