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12. CLASSIFICATION-APPROVAL.

The classification under this act does not take effect and has no binding force and can not in any sense be considered as final until approved by the Secretary of the Interior.

Northern Pac. R. Co. v. Ledoux, 32 L. D. 24, p. 25.

The Secretary of the Interior, by virtue of the power vested in him, may disapprove the classification by the commissioners appointed under the authority of this act, even where no protest is filed, if it appears that the classification does not correctly repre sent the character of the land. Northern Pac. R. Co. v. Ledoux,

32 L. D. 24, p. 25. See Wisconsin Central R. Co. y. Price Co., 133 U. S. 496.

Williams v. United States, 138 U. S. 514, p. 524.

Lamb v. Northern Pac. R. Co., 29 L. D. 102. In determining whether a classification against which no protest has been filed shall be approved or not the Secretary will consider the reasons ed for the classification and apply the same rules by which the commissioners are guided, and if it appears in any case that there is a mining location on any portion of the lands classified, this may be accepted by the Secretary as prima facie evidence that the 40-acre tract upon which it is located is mineral, and there is no good reason why it should not be given the same weight where there is a protest against the classification.

Holter v. Northern Pac. R. Co., 30 L. D. 442, p. 449.

The odd-numbered sections in the Cæur d'Alene land district of Idaho were classified as mineral under this act, and the classification was approved by the department prior to a selection made by the railroad company, notwithstanding the returns made at the time of actual Government survey classified the same tracts as nonmineral.

Idaho v. Northern Pac. R. Co., 37 L. D. 135.

A report by the commissioners under this act that certain lands were personally examined by the members of the board and no traces of mineral formation were found therein is sufficient evidence upon which the Secretary may approve the classification.

Lamb v. Northern Pac. R. Co., 29 L. D. 102, p. 105.

30 STAT. 11, p. 37, 2 SUPP. R. S. 621, JUNE 4, 1897.

EXPENSES FOR CLASSIFICATION OF MINERAL LANDS.

AN ACT Making appropriations for sundry civil expenses of the Government for the

fiscal year ending June 30, 1898, and for other purposes.

Be it enacted, etc.,

For compensation of the 12 commissioners appointed under the act of February 26, 1895 (28 Stat. 683), to examine and classify certain lands within the land-grant and indemnity land-grant limits of the Northern Pacific Railroad Co., in the States of Montana and Idaho, with special reference to the mineral or nonmineral character of such lands, $30,000: Provided, That said commissioners shall be paid at the rate of $10 a day each while actually engaged in the performance of their duties, which amount shall include their transportation and subsistence expenses, and that the total amount of compensation to be paid to each commissioner annually shall in no case exceed the sum of $2,500.

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30 STAT. 1074, p. 1096, MARCH 3, 1899.

COMPLETION OF CLASSIFICATION-TIME EXTENDED-EXPENSES.

AN ACT Making appropriations for sundry civil expenses of the Government for the

fiscal year ending June 30, 1900, etc. Be it enacted, etc., That the following sums be, and the same are hereby, appropriated, for the objects hereinafter expressed, for the fiscal year ending June 30, 1900, namely: *

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The time for the completion of the classification of lands within the land-grant and indemnity land-grant limits of the Northern Pacific Railroad Co., authorized by the act of Congress entitled "An act to provide for the examination and classification of certain mineral lands in the States of Montana and Idaho," approved February 26, 1895 (28 Stat. 683), and the acts supplementary thereto, is hereby extended to and including the 31st day of October, 1899, on or before which date the work of the commissioners shall be completed and the said commissioners be discharged.

Mineral lands in Montana and Idaho: For compensation until and including October 31, 1899, of the 12 commissioners appointed under the act of February 26, 1895 (28 Stat. 683), to examine and classify certain lands within the land-grant and indemnity-landgrant limits of the Northern Pacific Railroad Co., in the States of Montana and Idaho, with special reference to the mineral or nonmineral character of such lands, $10,000: Provided, That said commissioners shall be paid at the rate of $10 a day each while actually engaged in the performance of their duties, which amount shall include their transportation and subsistence expenses, and that the total amount of compensation to be paid to each commissioner shall in no case exceed for the period named the rate of $2,500 per annum.

31 STAT. 588, p. 615, 2 SUPP. R. S. 1433, p. 1435, JUNE 6, 1900.

COMPLETION OF CLASSIFICATION-REPORTS OF COMMISSIONERS.

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AN ACT Making appropriations for sundry civil expenses of the Government for the

fiscal year ending June 30, 1901, etc. Be it enacted, etc.

* * Mineral lands in Montana and Idaho: To complete the examination and classification of certain lands within the land-grant and indemnity-land-grant limits of the Northern Pacific Railroad Co. in the Helena and Missoula land districts in the State of Montana, and in the Coeur d'Alene land district in the State of Idaho, with special reference to the mineral or nonmineral character of such lands, as authorized by the act of February 26, 1895 (28 Stat. 683), namely: For the compensation of the commissioners, not exceeding 15 in number, of whom not more than 10 shall be of one political party, to be appointed by the President, by and with the advice and consent of the Senate, such compensation not to exceed $6 per day for each commissioner while actually engaged in the performance of their duties, which amount shall include their transportation and subsistence expenses; also for the publication of monthly reports and for the payment of such clerical help as in the opinion of the Commissioner of the General Land Office may be necessary for the expeditious

and economical prosecution of the work, $25,000: Provided, That each commissioner shall act separately, and only one commissioner shall examine and report on any tract of land, and his examination and report shall have the same force and effect as if made by three commissioners, and under this appropriation the entire work of examination and classification, including the publication of notices and all other expenses therewith connected, shall be completed; and the law of February 26, 1895, entitled "An act to provide for the examination and classification of certain mineral lands in the States of Montana and Idaho," shall be deemed and held to be applicable to the commissioners herein provided for.

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1. COMPLETION OF CLASSIFICATION.
2. SELECTION OF NONMINERAL LANDS-APPLICATION.
3. VACANT LANDS-MEANING.
4. JURISDICTION OF LAND DEPARTMENT_TERMINATION.

1. COMPLETION OF CLASSIFICATION.

This act was intended to have completed the examination and classification of certain lands within the land-grant and indemnity-land-grant limits of this railroad company in the district named with special reference to the mineral or nonmineral character of such lands, as authorized by the act of February 26, 1895 (28 Stat. 683).

Northern Pac. R. Co., In re, 31 L. D. 394, p. 396.

2. SELECTION OF NONMINERAL LANDS-APPLICATION.

The selections of nonmineral public land authorized by this act apply only to selections made under the provisions of the act of June 4, 1897 (30 Stat. 36), and not to those made under the act of March 2, 1899 (30 Stat. 993).

Comstock v. Northern Pac. R. Co., 34 L. D. 88, p. 89.
See Idaho v. Northern Pac. R. Co., 37 L. D. 135, p. 139.

Santa Fe, etc., R. Co. v. Northern Pac. R. Co., 37 L. D. 669.

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This act limits the selection authorized by the act of June 4, 1897 (30 Stat. 11), to vacant, surveyed, nonmineral public lands which are subject to homestead entry, and the expression “vacant land," includes land which not only is not occupied, but also land which is not appropriated, not reserved, and land for which no claim has been presented under any laws providing for the disposition of the public domain.

Santa Fe Pac. R. Co. v. Northern Pac. R. Co., 37 L. D. 669, p. 671.
See Idaho v. Northern Pac. R. Co., 37 L. D. 135.

4. JURISDICTION OF LAND DEPARTMENT-TERMINATION.

The point of time when a sale is effectuated is usually determined by some action of the authorized officers in issuing a certificate approving a list or a survey or in some way definitely declaring recognition of the claim as a preference right, and until that point is reached jurisdiction remains in the Land Department.

Walker, In re, 36 L. D. 495, p. 496.

RESERVATIONS.

16 STAT. 149, JUNE 11, 1870.

HOT SPRINGS RESERVATION-ARKANSAS.

AN ACT In relation to the Hot Springs Reservation in Arkansas. Be it enacted, etc., That any person claiming title, either legal or equitable, to the whole or any part of the four sections of land constituting what is known as the Hot Springs Reservation in Hot Springs County, in the State of Arkansas, may institute against the United States in the Court of Claims, and prosecute to final decision, any suit that may be necessary to settle the same: Provided, That no such suits shall be brought at any time after the expiration of 90 days from the passage of this act, and all claims to any part of said reservation upon which suit shall not be brought under the provisions of this act within that time shall be forever barred.

19 STAT. 377, CHAP. 108, MARCH 3, 1877.

HOT SPRINGS RESERVATION-ARKANSAS-AMENDMENT.

AN ACT In relation to the Hot Springs Reservation in the State of Arkansas. Be it enacted, etc., That so much of section 5 of an act of June 11, 1870 (16 Stat. 149), in relation to the Hot Springs Reservation of Arkansas, as provides for the appointment of a recoiver by the court, be, and the same is hereby, repealed: Provided, That nothing in this section shall be construed to offect the right of the United States to collect and receive rents already due.

Sec. 2. That it shall be the duty of the President of the United States, upon the passage of this act, to appoint three discreet, competeni, and disinterested persons, who shall constitute a board of commissioners, any two of whom shall constitute a quorum, who are hereby authorized to perform and discharge the duties specified by

Sec. 4. That before making any subdivision of said lands, as described in the preceding section, it shall be the duty of said board of commissioners, under the direction and subject to the approval of the Secretary of the Interior, to designate a tract of land included in one boundary, sufficient in extent to includo, and which shall include, all the hot or warm springs situate on the lands aforesaid, to embrace, as near as may be, what is known as Hot Springs Mountain, and the same is hereby reserved from sale, and shall remain under the charge of a superintendent, to be appointed by the Secretary of the Interior: Provided, however, That nothing in this section shall prevent the Secretary of the Interior from fixing a special tax on water taken from said springs, sufficient to pay for the protection and necessary improvement of the same.

this act.

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A. SALINES AND SALT SPRINGS.

1. HOT SPRINGS RESERVATION_RIGHTS OF LESSEES AND CLAIMANTS.

See Salines and salt springs, p. 1194.

State and public grants, p. 1239. This act was passed for the benefit of occupants and claimants who had made improvements in order that they should not entirely forfeit their claims and improvements, but gave lessees no rights as against their lessors.

Rector v. Gibbon, 111 U. S. 276, p. 283.

This act can not be construed so as to give laborers or lessees occupying mining claims and working for the first locator any preemption rights over him to such claim.

Rector v. Gibbon, 111 U. S. 276, p. 287.

The provisions of section 5 of this act as to the power of the commissioners to determine the right of each occupant relates to the legal title, which under the act is to pass from the United States; but does not preclude a court of equity from inquiring whether the legal title from the United States is not subject to a trust in favor of another.

Rector v. Gibbon, 111 U. S. 276, p. 290.

The powers conferred by this statute upon the commissioners are analogous to those conferred upon the receiver and register of land offices in case of conflicting claims, and it was their duty to certify all the facts to the Secretary of the Interior and to issue a certificate to each claimant, setting forth the amount of land he was entitled to purchase.

Rector v. Gibbon, 111 U. S. 276, p. 280.

Under this statute occupants and claimants must file their claims before the commissioners within six months after their first session, and no claims can be considered which had accrued after the 24th day of April, 1876.

Rector v. Gibbon, 111 U. S. 276, p. 280.

23 STAT. 103, 1 SUPP. U. S. 453, JULY 5, 1884. ABANDONED RESERVATIONS-DISPOSAL.

AN ACT To provide for the disposal of abandoned and useless military reservations.

Be it enacted, etc., That whenever, in the opinion of the President of the United States, the lands, or any portion of them, included within the limits of any military reservation heretofore or hereafter declared, have become or shall become useless for military purposes, he shall cause the same or so much thereof as he may designate, to be placed under the control of the Secretary of the Interior for disposition as hereinafter provided, and shall cause to be filed with the Secretary of the Interior a notice thereof.

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SEC. 5. Whenever any lands containing valuable mineral deposits shall be vacated by the reduction or abandonment of any military reservation under the provisions of this act, the same shall be disposed of exclusively under the mineral laws of the United States.

A. MINING CLAIMS IN ABANDONED RESERVATIONS-DISPOSAL. B. STONE LANDS LOCATABLE AS PLACERS.

A. MINING CLAIMS IN ABANDONED RESERVATIONS_DISPOSAL.

By section 5 of this act the disposition of mining claims within the abandoned military reservation was placed under the control of the Secretary of the Interior.

Randolph, In re, 23 L. D. 516, p. 517.

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