Alaska Lands-Continued.
Page.
merely because notice was not filed in the local
land office until after the expiration of one
year from the date of the location.....

4. Regulations of December 30, 1914, under
section 10, act of October 20, 1914, governing
free use of coal in unreserved public lands.... 481
5. The act of October 20, 1914, providing for
the leasing of coal lands in Alaska, leaves ex-
isting and pending coal claims in Alaska in
exactly the same status they occupied prior
to said enactment, and does not revoke the
presidential withdrawal in so far as it relates
to such claims.....

6. The discovery of an outcrop of coal upon
a tract of land does not constitute the opening
and improving of a mine thereon within the
meaning of section 1 of the act of April 28, 1904,
providing "that any person or association of
persons qualified to make entry under the coal
land laws of the United States, who shall have
opened or improved a coal mine or coal mines
on any of the unsurveyed public lands of the
United States in the District of Alaska, may
locate the lands upon which such mine or
mines are situated," etc..

7. No right of location and entry under the
act of April 28, 1904, is acquired by merely dis-
covering an outcrop of coal, staking the claim,
recording the notice of location, and applying
for patent.....

8. Where a locator of coal lands in Alaska
opened and improved a mine of coal upon his
claim, and marked the boundaries thereof by
permanent monuments as required by stat-
ute, and within one year filed notice of his
location in the recording district as required
by the act of April 28, 1904, his claim should
not be held defective, in the absence of an in-
tervening withdrawal or adverse claim,
35017°-VOL 43-1443

517

305

305

9. The provisions in the acts of May 14, 1898,
and March 3, 1903, extending the homestead
laws to the Territory of Alaska, that no entry
shall be allowed extending more than 160
rods along the shore of any navigable water,
and that along such shore a space of at least 80
rods shall be reserved from entry between
claims, have no application to mining claims
asserted under the general mining laws as ex-
tended to Alaska

10. Directions given that departmental
regulations of July 7, 1913, 42 L. D., 213, be
modified to conform to the views herein ex-
pressed..

11. Where lands were claimed and sub-
stantially improved as a terminal for a con-
structed tramway prior to their withdrawal
for inclusion in the Tongass National Forest,
such valid rights were thereby acquired under
the act of May 14, 1898, as excepted the lands
claimed as terminal grounds from the opera-
tion and effect of said withdrawal, provided
there is no undue delay in assertion of the
claim before the land department..
Alien.

........

See Citizenship, 1; Homestead, 3; Naturali-
zation, 1.
Allotment.

See Alaska Lands, 1, 2; Homestead, 14;
Indian Lands, 16-24.
Amendment.

See Reservation, 26.

Appeal.

See Coal Lands, 3.

Application.

368

120

120

523

1. Circular of May 22, 1914, governing dis-
position of applications, filings, and selections
for lands opened or restored to entry......... 254
2. Circular of September 8, 1914, requiring
applications to enter to be executed not more
than ten days prior to filing....
378, 467

3. Instructions of December 9, 1914, holding
circular of September 8, 1914, concerning exe-
cution of applications, not applicable in
Alaska....

4. It is no objection to an application and
the accompanying affidavits that they were
executed while the land applied for was em-

673

467

Application-Continued.

Page.

Coal Land.

7. The rule that no application to enter shall
be received until proper notation of the can-
cellation of a prior entry is made upon the
records of the local office was adopted for ad-
ministrative purposes and designed primarily
for the protection of the rights of contestants,
and will not be applied with the same strict-
ness in cases solely between the government
and an entryman or an applicant for entry... 263
Approximation.

See Homestead, 30-32; Railroad Grant, 12.
Arkansas Sunk Lands.

1. Circular of January 2, 1914, containing
information to settlers and entrymen on St.
Francis river sunk lands.....

21

2. Circular of June 16, 1914 setting forth the
status of the St. Francis river sunk lands.... 275

Boundary.

See Homestead, 48.

Burden of Proof.

See Mineral Land, 2.

Canadian Boundary Strip.
See Homestead, 7.

Canals and Ditches.

See Right of Way, 11, 13.

Cancellation.

See Application, 7.

Carey Act.

See Desert Land, 16, 17.

Cement.

See Railroad Grant, 4.

Cemetery.

See Railroad Grant, 3.

Circulars and Instructions.

See Tables of, pages XIX and XXI.
Citizenship.

See Homestead, 9; Public Sale, 2, 3.

1. An alien woman did not by virtue of
being a resident of Arizona at the date of the
admission of the State into the Union become
a citizen of the United States... 436

Page.

See Alaska Lands, 4-8; Confirmation, 2, 4, 5;
Homestead, 43; Railroad Grant, 15; Railroad
Land, 1.

ENTRY.

1. A mere moral obligation on the part of a
coal land applicant to share with another, who
furnished the money with which to make the
entry, whatever profits might accrue from the
venture, is not, in the absence of any agree-
ment or lien enforceable against the land, in
violation of the coal land regulations requiring
an applicant to make oath that the entry is
made in good faith for his own benefit, and
not, directly or indirectly, in whole or in part,
in behalf of any other person or persons.....

2. The fact that a person once initiated a
coal claim upon public land and failed to per-
fect the same does not necessarily disqualify
him under the coal land law; but if it appear
that good and sufficient reason existed for the
abandonment of such claim his rights are not
thereby exhausted..

DECLARATORY STATEMENT.

3. Upon expiration of the period allowed by
the statute within which to make proof and
payment for lands included within a coal de-
claratory statement, without action by the de-
clarant, the declaratory statement expires by
limitation of law; and subsequent action by
Commissioner of the General Land Office
holding the declaratory statement for rejec-
tion is unnecessary and without legal effect
and furnishes no ground for appeal to the
Department..

WITHDRAWALS; CLASSIFICATION; PRICE.

4. Instructions of November 20, 1914, under
act of August 25, 1914, authorizing agreements
with applicants for patents for oil lands in
withdrawn areas..

5. The special provisions of section 2331 of
the Revised Statutes and other special acts
authorizing the entry and disposition of lands
in smaller areas than the forty-acre unit or lot
fixed by the general laws, are not applicable
to coal lands; and the land department is
without authority to classify and segregate
coal areas of public lands in less than legal
subdivisions...

6. Instructions of November 15, 1912, 41 L.
D., 396, vacated, and amendment added to
paragraph 11 of the regulations of April 10,
1909, 37 L. D., 653, by instructions of Novem-
ber 15, 1912, 41 L. D., 399, canceled...

7. In view of the ambiguity in the coal-land
regulations of April 12, 1907, as amended No-
vember 30, 1907, respecting the time of pay-
ment, the delay of the field officer in making
his return in this instance, the acceptance of
payment and allowance of entry without
demur by the register and receiver, and the
undoubted good faith of the applicant, the re-
quirement of paragraph 18 of said regulations,
that claimant shall within thirty days after
the expiration of the period of newspaper pub-

221

221

479

459

520

520

lication furnish the proofs specified in said
paragraph and tender the purchase price for
the land, is waived in this case, the depart-
mental decisions of March 3, April 30, and
June 12, 1913, 41 L. D., 661, 666, are recalled
and vacated in so far as in conflict herewith,
and patent directed to issue upon the entry
without requiring payment of the increased
price as fixed by reappraisement...

ACTS OF MARCH 3, 1909, JUNE 22, 1910, AND
APRIL 14, 1914.

8. Circular of June 3, 1914, concerning sup-
plemental patent for coal deposits under act
of April 14, 1914...

429

...... 271

10. Where at the time of the submission of
final proof upon a nonmineral entry ex parte
affidavits are submitted on behalf of the gov-
ernment to the effect that the land is coal in
character, and the entryman refuses to accept
a restricted patent under the act of March 3,
1909, the character of the land should not be
adjudicated upon such ex parte affidavits, but
the case should be remanded for further hear-
ing in accordance with paragraphs 3 to 5 of
the regulations of September 7, 1909, and
patent should not issue until the character
of the land is finally adjudicated upon the
testimony submitted at the hearing.......... 191
Commutation.

See Final Proof,2; Repayment, 10.
Confirmation.

1. Instructions of June 4, 1914, under Harris
and Wood decisions...

322

2. In case no contest, protest, or proceeding
by the government was commenced against
an entry within two years from the date of
the issuance of final receipt, the land depart-
ment is thereafter without jurisdiction to
inquire into the known coal character of the
land at the date of final receipt, but must
issue unrestricted patent upon the entry..... 246
3. The proviso to section 7 of the act of
March 3, 1891, contemplates a receiver's re-
ceipt upon a final entry based upon an exist-
ent application or original entry; and the sub-
mission of final proof and payment of fees and
commissions upon a canceled entry, and the
issuance of register's certificate thereon, do
not constitute a final entry within the mean-
ing of said proviso.....

4. Cases will not be reopened under the
doctrine announced in Jacob Harris, 42 L. D.,
611, where the proceeding has been closed
and the entry canceled, without regard to the
time that has elapsed since the final action
of the land department; but cases in which
the claimants have asserted in the courts their
rights under entries which have been canceled
as the result of proceedings begun more than

426

two years after the issuance of receiver's re-
ceipt upon final entry, and have diligently
and continuously prosecuted their claims,
but relying upon the decision in the Harris
case have dismissed their suits in court for
the purpose of invoking the supervisory
authority of the Department, are not regarded
as coming within the terms or spirit of this
rule...

262
5. The proviso to section 7 of the act of
March 3, 1891, does not operate to confirm an
entry against an act of Congress passed prior
to the expiration of two years from the date
of the issuance of the receiver's receipt upon
final entry; and where within the two-year
period the land was "classified, claimed or
reported as being valuable for coal," and also
within such period the act of March 3, 1909,
was passed, the entry is not confirmed against
said act, and patent if issued must be in ac-
cordance therewith; but in case more than
two years had elapsed from the date of the
issuance of the receiver's receipt upon final
entry prior to classification, claim or report
that the land was valuable for coal, or prior
to the passage of the act of March 3, 1909,
nothing would remain for the land depart-
ment save the ministerial duty of issuing
patent......

Contest.

See Reservation, 24, 25.

1. Absence of a homestead entryman from
his claim due to judicial restraint does not
break the continuity of his residence and does
not render the entry liable to contest on the
ground of abandonment..

291

189

3. The act of August 19, 1911, relieving cer-
tain homestead entrymen from residence and
cultivation from the date of that act until
April 15, 1912, operated to relieve entrymen
from the necessity of establishing residence
during that period; and an entry within the
act is not subject to contest for failure to es-
tablish residence until the expiration of six
months from the time of making the entry ex-
clusive of the period specified in said act..... 247
4. A contestant against a homestead entry
must file with his contest an affidavit stating
specifically the law under which he intends to
acquire title; and where he proposes to acquire
title by means of scrip, he must state spe-
cifically the class of scrip he intends to file.... 465
5. The government is a party in interest in
every contest, and the land department may
properly consider all that the record contains
in order to do justice in the case, irrespective
of technical inter partes rules of pleading and
practice, and whether the parties themselves
are entitled to have any particular portion
of the record considered or not..

6. One who files a contest charging default
subsequent to the submission of proof is

343