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115. Lots offered and unsold.-Each lot offered and remaining unsold at the close of the sale will thereafter be and remain subject to private sale and entry, for cash, at the appraised value of such lot.

116. Certificates.—All lots purchased at the same time, in the same manner, in the same townsite, and by the same person should be included in one certificate, in order to prevent unnecessary multiplicity of patents. Lots sold at private sale should be accompanied by an application therefor, signed by the applicant. Certificates will be issued upon payment of the purchase price, as in other cases.

117. In all cases where the Secretary of the Interior shall direct the reappraisement of unsold lots under the first section of the act of June 11, 1910 (36 Stat., 465), the reappraisement will be conducted under the regulations provided for under the original appraisement of lots in townsites created under the laws in said act imentioned. The lots to be reappraised will not, from the date of the order therefor, be subject to disposal until offered at public sale at the reappraised value, which offering will be conducted under the regulations providing for the public sale of lots in such townsites. The lots so offered at public sale will then become subject to private sale at the reappraised price.

118. Whenever the Secretary of the Interior, in the exercise of the discretion conferred upon him by section 2 of said act, shall order the payment of the purchase price of lots, sold in townsites created. under the laws in said act mentioned, to be made in annual installments, the same will be done under such regulations as may be issued in each particular instance. Transfers of lots will not be recognized, but entries and patents must be issued in the name of original purchasers.

Approved, April 29, 1912.

SAMUEL ADAMS,

FRED DENNETT,
Commissioner.

First Assistant Secretary of the Interior.

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Regulations of February 24, 1912, gov-
erning sale and use of timber on unreserved
public lands in Alaska....

Section 4 of the act of February 1, 1905,
granting rights of way for dams, reservoirs,
water plants, ditches, flumes, pipes, tun-
nels, and canals within and across the for-
est reserves of the United States, applies to
and is operative in forest reserves in the Dis-
trict of Alaska....

Neither section 10 of the act of May 14,
1898, nor any other provision of law respect-
ing proceedings in the courts concerning
adverse claims to public lands in the Dis-
trict of Alaska, has the effect to divest the
land department of its general and exclusive
jurisdiction to investigate and determine
the mineral or nonmineral character of pub-
lic lands in that district...............

The adverse proceedings provided for by
section 10 of the act of May 14, 1898, are lim-
ited to cases of conflict arising between non-
mineral claimants only, and have no appli-
cation to cases of conflict between mining
locators on the one hand and agricultural or
nonmineral claimants on the other........
Alienation.

Where a homestead entryman, after full
compliance with the requirements of law in
the matters of residence, cultivation and im-
provement, but prior to acquiring equitable
title, innocently and in good faith, with no
intent to violate or evade any law, conveys
the land embraced in his entry, upon the
supposition and belief that he has done all
that the law requires of him and that he has a
right to make such conveyance, such action
will not be held to require cancellation of
the entry, which, upon rescission of the con-
tract of conveyance, may be carried to com-
pletion...

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477

426

534

534

79

See Practice.

Arid Lands.

See Reclamation.

Canals and Ditches.

See Right of Way.

Cemeteries.

See Parks and cemeteries.

Circulars and Instructions.

See Table of, page XIX.

Coal, Oil, and Gas Lands.

Page.

Paragraph 13 of Alaska coal-land regula-
tions approved April 12, 1907, amended to
require the surveyor in making surveys of
coal claims to show the location, character,
extent and value of the work performed and
improvements made upon the ground.... 277

The act of March 3, 1909, provides a means
whereby nonmineral claimants for lands
withdrawn for coal classification, whose
claims were initiated in good faith before the
lands were classified, claimed, or reported as
valuable for coal, may, notwithstanding the
withdrawal, proceed to carry their claims to
completion, by electing to take limited
patent under said act...

418

In determining whether an applicant is
entitled to the benefits of the act of March
3, 1909, providing for the protection of sur-
face rights of nonmineral entrymen, it is
competent for the land department to in-
quire into his good faith and whether there
has been a compliance with the requirements
of the law under which the nonmineral
entry was made; and where it appears appli-
cant has not acted in good faith the land
department is without authority to issue
surface patent for the land under that act. 98
A withdrawal of lands for coal classifica-
tion constitutes a claim or report of coal
value within the meaning of the act of
March 3, 1909..

A withdrawal of lands for coal classifica-
tion, subject to the provisions of the acts of
June 22, and 25, 1910, does not defeat a pend-
ing application to locate a soldiers' addi-
tional right, presented prior to June 22, 1910,
or bar a right under the a t of March 3, 1909,
to take a limited patent for the land, where
the application was filed in good faith prior
to any classification, claim, or report that
the land is valuable coal land...

..........

461

461

679

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The provision in section 1 of the act of
June 22, 1910, that lands withdrawn or
classified as coal shall be subject to entry
under the homestead laws by actual settlers
only, the desert land law, to selection under
the Carey Act, and to withdrawal under
the Reclamation Act, with reservation to
the United States of the coal therein, does
not include soldiers' additional rights, and
soldiers' additional entry of lands with-
drawn or classified as coal can not be
allowed under that act.....

In case of the substitution of a soldiers'
additional right in lieu of a similar right
held invalid, the application under the sub-
stitute right does not relate back to the date
of the original application, but runs only
from the date of the substitution; and where
at such date the land was embraced in a
coal land withdrawal under the act of June
25, 1910, the applicant has no rights entitled
to protection under the proviso to section 1
of the act of June 22, 1910.....

408

408

The act of June 22, 1910, opened the sur-
face of lands withdrawn or classified as coal
lands or valuable for coal to entry under the
homestead and desert land laws, to selection
under the Carey Act, and to withdrawal
under the Reclamation Act; and the pro-
viso to section 1 of said act provides a means
whereby persons who prior thereto had in
good faith initiated nonmineral entries,
selections, or locations upon lands with-
drawn or classified as coal may perfect the
same under the laws under which they
were made, by electing to take a patent for
the land excluding the coal deposits....... 418
The fact that land embraced in an appli-
cation to make forest lieu selection under
the acts of June 4, 1897, and March 3, 1905,
has been classified as coal is no bar to the
right of the applicant to complete his appli-
cation under the provisions of the act of
June 22, 1910, by taking the limited patent
provided by said act, or the right to a hear-
ing with a view to disproving such classifi-
cation and establishing his right to an un-
restricted patent....

The act of June 25, 1910, in so far as it
authorizes withdrawal of public lands for
classification as to coal deposits, must be
construed as in pari materia with the act of
March 3, 1909, providing for the issuance of
restricted patents to agricultural entrymen
of lands subsequently classified, claimed, or
reported as valuable for coal, and with the
act of June 22, 1910, providing for agricul-
tural entries of coal lands; and so construed,
a nonmineral application initiated in good
faith prior to the passage of the act of June
22, 1910, is not avoided by a subsequent
withdrawal made under the act of June 25,
1910, but the entryman must take a restrict-
ed patent....

276

33

Coal, Oil, and Gas Lands-Con. Page.

The fact that lands selected by the State
of Utah under section 8 of the act of July 16,
1894, were adjudicated by the Commissioner
of the General Land Office to be noncoal
lands, as the result of a hearing upon a re-
port by a special agent charging that such
lands contained coal, does not entitle the
State to an unrestricted patent therefor
where the lands were subsequently with-
drawn and classified as coal; but the State
is entitled to perfect the selection and take
title to the land only with reservation to the
United States of the coal therein, as pro-
vided by the act of June 22, 1910........ 340
Rights under a homestead entry of lands
withdrawn and classified as coal, based
upon an application received at the local
office prior to but suspended until after the
act of June 22, 1910, because not accompanied
by evidence of applicant's naturalization,
relate back to the date the application was
received, where applicant was at that date a
naturalized citizen or had declared his in-
tention to become a citizen, and except the
entry from the operation of that act; but
patent upon the entry must be in accord-
ance with the provisions of the act of
March 3, 1909.....

Rights under a homestead entry allowed
subsequent to the act of June 22, 1910, for
lands withdrawn under the act of June 25,
1910, based upon an application filed at the
local office prior to the act of June 22, but
suspended for proof of citizenship, relate
back to the filing of the application, where
the applicant was at that date a naturalized
citizen or had declared his intention to
become a citizen, and except the entry
from the operation of that act; and where
the entryman settled upon the land prior to
said act his entry is for that reason also not
subject to the restrictions thereof, but is
properly judicable under the provisions of
the act of March 3, 1909...

The purpose of the proviso to section 2 of
the act of June 25, 1910, was to protect bona
fide occupants or claimants of oil or gas-
bearing lands, who were in diligent prosecu-
tion of work leading to the discovery of oil
or gas, against any withdrawal of the land
as oil, and has no bearing whatever upon the
question of the measure of proof necessary
to sustain a protest, charging that the lands
are mineral in character, against a non-
mineral selection filed prior to the with-
drawal.....

A protest against a nonmineral selection,
charging that the lands are mineral in char-
acter, on which a hearing was held prior to
any withdrawal or classification of the land
as oil, should be disposed of on the proof sub-
mitted at such hearing, and a subsequent
withdrawal or classification of the lands as
oil may not properly be considered in pass-
ing upon that protest..............

25

25

26

321

321

Coal, Oil, and Gas Lands-Con. Page.

Where withdrawn coal lands are, after
classification and appraisal, restored by ex-
ccutive order to coal filing and entry, no ap-
plication, filing, or entry will be received
therefor until notice of the order of restora-
tion, with the accompanying classification
and appraisals, is received at the local office. 415
Where subsequent to an executive order
of withdrawal of coal lands, subject to the
provisions of the act of June 22, 1910, but
prior to notice of such withdrawal at the
local office, homestead entry is allowed for
lands covered by the withdrawal, the entry-
man will be required to amend his entry so
as to make it subject to the provisions of
said act...

Where land embraced in a subsisting coal
withdrawal was selected under the act of
March 4, 1907, in lieu of land within the
grant to the Mobile and Girard railroad lost
to a homestead settler, and was subsequent-
ly classified as coal, the selection can be per-
mitted to stand only upon election by the
selector to accept surface patent therefor
under the act of June 22, 1910

Where land selected under the act of
March 4, 1907, in lieu of land within the
grant to the Mobile and Girard railroad lost
to a homestead settler, is withdrawn for
appraisal as coal land prior to submission of
the necessary proof to support such selection
and is subsequently classified as coal, the
selection can be permitted to stand only
upon election by the selector to accept
surface patent for the land under the act
of March 3, 1909..

440

593

591

The provision in section 2347, Revised
Statutes, that coal lands should be sold at
"not less than" ten dollars per acre for lands
situated more than fifteen miles from a com-
pleted railroad, and twenty dollars per acre
for lands situated within fifteen miles of
such road, fixes a minimum price at which
such lands may be sold, but leaves the In-
terior Department to prescribe, by regula-
tions authorized by section 2351, a higher
price for any such lands, if in its judgment
the conditions would seem to warrant it... 610
Commutation.

See Homestead.
Confirmation.

The proviso to section 7 of the act of March
3, 1891, has no reference to proceedings by
the United States, or its officers or agents, in
respect to entries of the classes therein speci-
fied, and in this connection does not affect
the conduct or action of the land department
in taking up and disposing of final proof of
entrymen after the lapse of the two years
mentioned in the act...

The action of the land department with-
drawing lands on account of their supposed
coal character, with a view to classification

300

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thereof, and ordering an investigation of
desert-land entries covering the same,
within two years from the issuance of final
receipt thereon, of which the entryman had
due notice, constitutes a protest within the
meaning of section 7 of the act of March 3,
1891, and bars the operation of that statute.. 97
Whether a letter and telegram from a spe-
cial agent of the General Land Office to the
Commissioner, asking that patents be with-
held for lands embraced in certain entries
pending a further investigation and report
on the ground of suspected fraud, followed
by an order suspending action on all such
entries until further order, constitute a
"pending contest or protest" against the
validity of the entries, within the meaning
of the act of Congress of March 3, 1891 (26
Stat., 1099), providing that after the lapse of
two years from the issuance of a receiver's
receipt upon the final entry, "when there
shall be no pending contest or protest
against the validity of such entry," the
entryman shall be entitled to a patent-is a
question within the jurisdiction of the Secre-
tary of the Interior to determine, on an ap-
plication by such entryman for a patent
after the expiration of the period of two
years; and on the Secretary's refusal to issue
a patent to one of such entrymen mandamus
will not lie to compel its issuance.......... 278
Contest.

In a contest against the entry of a deceased
homesteader it is necessary to serve notice
thereof only upon such of his heirs as are
citizens of the United States..

There is no statutory right of contest
against a forest lieu selection under the act
of June 4, 1897, and no preference right of
entry accrues upon cancellation of such a se-
lection as result of a contest...

While the Commissioner of the General
Land Office may, in his discretion, avail
himself of the aid of a contestant to deter-
mine the validity or invalidity of a forest
lieu selection, yet his refusal to accept such
aid is not the denial of a legal right, and his
exercise of discretion in such matter will not
be controlled by the Department unless
abuse thereof is clearly apparent..

552

197

197

It is within the sound discretion of the
Commissioner of the General Land Office to
accept or reject an application to contest a
forest lieu selection tendered after the initia-
tion and during the pendency of govern-
ment proceedings against the selection..... 219
Although there is no statutory right of
contest against a forest lieu selection, and no
preference right of entry can be secured by
the cancellation of the selection as result of
a contest, nevertheless, where an affidavit of
contest is presented containing every mate-
rial averment as to the invalidity of the se-

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