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.
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...
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.
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...
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...
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.....
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....
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..............
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..
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
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..
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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