reserved from sale or other disposal by the Government, and shall not be subject to the donations granted by the previous provisions of this act. SEC. 9. And be it further enacted, That full power and authority are hereby given the Secretary of the Interior to issue all needful rules and regulations for fully carrying into effect the several provisions of this act. A. CONSTRUCTION AND PURPOSE. B. MINERAL LANDS NOT SUBJECT TO PREEMPTION OR SETTLEMENT, p. 1207. C. GRANT TO KANSAS AND NEBRASKA,`p. 1207. D. SURVEYOR GENERAL-DUTIES, p. 1208. A. CONSTRUCTION AND PURPOSE. 1. POLICY AS TO MINERALS AND SALINES. 2. MINERAL, SALINE, AND SCHOOL LANDS EXCEPTED. 1. POLICY AS TO MINERALS AND SALINES. This statute was simply a declaration of the policy of the Government to reserve its saline deposits, and a valid entry could not be made of lands containing such salines where the saline deposits had been noted on the field books and were plainly visible. Morton v. Nebraska, 88 U. S. 660, p. 669. See Scofield, In re (Cunningham Claims), 41 L. D. 176, p. 222. Salt Bluff Placer, In re, 15 C. L. O. 244, p. 245. The intention of Congress as to saline reservations is to be found in the unbroken line of policy from 1795 to the date of this act. Morton v. Nebraska, 88 U. S. (21 Wall.) 660, p. 671. It can not be assumed, without an express declaration to that effect, that Congress intended by this act to permit the sale of salines in the Territories soon to be organized into States, and thus subvert a long-established policy by which it had been governed in similar cases. Morton v. Nebraska, 88 U. S. 660, p. 671. Southwestern Min. Co., In re, 14 L. D. 597, p. 600. Salt Bluff Placer, In re, 15 C. L. O. 244, p. 245. An intention to abandon a policy in reference to the reservation of saline prior to the date of this act, can not be imputed to Congress unless the act admits of no other construction. Morton v. Nebraska, 88 U. S. (21 Wall.) 660, p. 669. Congress was so particular not to depart from its policy in reserving salines, salt springs, and lead mines that in giving lands to the sufferers of the New Madrid earthquakes every lead mine and salt spring were excluded from location (3 Stat. 211). Morton v. Nebraska, 88 U. S. (21 Wall.) 660, p. 668. The purpose of the proviso is to be found in the situation of the country embraced in the Louisiana purchase, and Congress thought proper in granting the salt springs to the State to say that no salt spring the right whereof now is or shall be confirmed or adjudged to any individual shall pass to the State, and the purpose Congress had in view is to be found in the unbroken line of policy in reference to saline reservations, and to perpetuate this policy and apply equally to all the lands in Kansas, Nebraska, and New Mexico, as authorized by this act. Hall v. Litchfield, 2 C. L. O. 178. See Hall v. Litchfield, 3 C. L. O. 196. 2. MINERAL, SALINE, AND SCHOOL LANDS EXCEPTED. This section expressly declares that none of the provisions of the act extend to mineral, school lands, or salines. Morton v. Nebraska, 88 U. S. (21 Wall.) 660, p. 670. This act, providing for the disposition of public lands, expressly states that none cf the provisions of the act shall extend to mineral or school lands, salines, military or other reservations. Southwestern Min. Co., In re, 14 L. D. 597, p. 599. Lands of a saline character are expressly provided for in the laws relating to the disposition of the public lands. Pagosa Springs, In re, 1 L. D. 562. The fact that section 4 of this act did reserve salines from sale is evidenced by the act of March 3, 1857 (11 Stat. 186), rearranging the land districts in Nebraska, and expressly excepting from sale such lands "as may have been reserved." Morton v. Nebraska, 88 U. S. (21 Wall.) 660, p. 671. The lands included in the treaty with Mexico vesting the title in private persons are reserved both from sale and from exploration and location by mineral claimants. Mandeville, In re, 8 C. L. O. 107. See Lockhart v. Johnson, 181 U. S. 516, p. 521. B. MINERAL LANDS NOT SUBJECT TO PREEMPTION OR SETTLEMENT. Mineral lands are not subject to preemption or private entry, but are reserved for sale in accordance with mining acts. Nerce Valley, In re, Copp's Min. Lands 187. Sioux half-breed script can not be located on mineral lands. Nerce Valley, In re, Copp's Min. Lands 187. The fact that lands claimed under this act contain minerals would disprove the correctness of a location of a grant of agricultural and grazing lands, as these were not locatable upon mineral lands and mineral lands did not pass under the grant. Tumacacori and Calabazas Claim, In re, 16 C. L. O. 15, p. 16. See 16 L. D. 408. The donations to settlers contemplated by this act did not extend to mineral and other lands reserved from settlement. United States v. San Pedro & Canon del Agua Co., 4 N. Mex. 225, p. 305. C. GRANT TO KANSAS AND NEBRASKA. 1. SALINES EXCEPTED. This act leaves no doubt of the intention of Congress to extend to the territory embraced by the States of Kansas and Nebraska the same system that had been applied to the rest of the Louisiana purchase under the act of March 3, 1811 (2 Stat. 662). Morton v. Nebraska, 88 U. S. (21 Wall.) 660, p. 669. The Nebraska enabling act, April 10, 1864 (13 Stat. 47), is further evidence that this act was intended to reserve salines. Morton v. Nebraska, 88 U. S. (21 Wall.) 660, p. 671. See p. 849. D. SURVEYOR GENERAL DUTIES. Congress did not by this act and by imposing certain duties upon the surveyor general intend to create an independent tribunal outside of and apart from the General Land Department; and while the surveyor general was not authorized to act in defiance or independently of the Land Department, he was charged with the duty of making a survey and location, and it was for him to say in the first instance whether the lands selected and by him surveyed and located were lands vacant and nonmineral. Shaw v. Kellogg, 170 U. S. 312, p. 333. Baca Float No. 3, In re, 30 L. D. 497, p. 502. See Baca Float No. 3, In re, 29 L. D. 44. It was made the duty of the surveyor general to examine the various claims to lands arising under the laws, usages, and customs of Spain and Mexico, and he was the officer who, by virtue of his duties, was most competent to examine and pass upon the question of the character of the land selected. Shaw v. Kellogg, 170 U. S. 312, p. 333. Baca Float No. 3, In re, 30 L. D. 497, p. 502. See Baca Float No. 3, In re, 29 L. D. 44. Under authority of this act the Commissioner of the General Land Office instructed the surveyor general of New Mexico to collect information in reference to the laws of the country as to minerals and ascertain what conditions were attached to grants of land embracing mines and to require testimony as to whether the tracts claimed were mineral or agricultural. United States v. San Pedro & Canon del Agua Co., 4 N. Mex. 225, p. 305. The surveyor general's office of New Mexico was not established to convey the gold and silver mines belonging to the General Government or even to recommend their conveyance. United States v. San Pedro & Canon del Agua Co., 4 N. Mex. 225, p. 299. Congress first established a reservation of lands embraced within this grant on the report of the surveyor general and afterwards repealed the reservation and the section authorizing it and provided for compensating any grant claimant for any lands which the Government may have elected to sell and dispose of within the boundaries of the grant. Lockhart v. Wills, 9 N. Mex. 344, p. 351. Congress by this and the act of March 1, 1861 (12 Stat. 887), intended to confirm to the claimant the quantity of 16 square leagues described as "4 leagues square, the mine being in the center, and the boundaries running to the cardinal points and contianing 16 square leagues." Ortez Mine Grant, In re, 3 C. L. O. 23, p. 27. 11 STAT. 186, MARCH 3, 1857. SALE OF PUBLIC LANDS NEBRASKA-SALINES AND SALT SPRINGS EXCEPTED. AN ACT To establish three additional land districts in the Territory of Nebraska. Be it enacted, etc., That all that portion of the Territory of Nebraska at present included in the Omaha district, which lies south of the line which divides townships 6 and 7 north, extended from the Missouri River westward, shall constitute an additional district, to be called the "Nemaha land district"; all said Omaha district which is situated south of the south shore or right bank of the Platte River, and north of the said township line, between townships 6 and 7 north, shall constitute an additional land district, to be called the "South Platte River land district"; and all that portion of said Omaha district which lies north of the south boundary of the "Omaha Reserve," extended westward, being identical with the line which divides townships 23 and 24 north, shall constitute an additional land district, to be called the "Dahkota land district." SEC. 3. And be it further enacted, That the President is hereby authorized to cause the public lands in said districts, with the exception of such as may have been or may be reserved for other purposes, to be exposed to sale in the same manner and upon the same terms and conditions as other public lands of the United States. * * * A. SALINES RESERVED FROM SALE. This act is regarded as an additional evidence of the intention of Congress to reserve from sale saline lands according to the provisions of the act of July 22, 1854 (10 Stat. 308). Morton v. Nebraska, 88 U. S. (21 Wall.) 660, p. 671. 19 STAT. 221, JANUARY 12, 1877. SALE OF SALINE LANDS. AN ACT Providing for the sale of saline lands. Be it enacted, etc., That whenever it shall be made appear to the register and receiver of any land office of the United States that any lands within their district are saline in character, it shall be the duty of said register and said receiver, under the regulations of the General Land Office, to take testimony in reference to such lands to ascertain their true character, and to report the same to the General Land Office; and if, upon such testimony, the Commissioner of the General Land Office shall find that such lands are saline and incapable of being purchased under any of the laws of the United States relative to the public domain, then, and in such case, such lands shall be offered for sale by public auction at the local land office of the district in which the same shall be situated, under such regulations as shall be prescribed by the Commissioner of the General Land Office, and sold to the highest bidder for cash, at a price at not less than $1.25 per acre; and in case said lands fail to sell when so offered, then the same shall be subject to private sale, at such land office for cash, at a price not less than $1.25 per acre, in the same manner as other lands of the United States are sold: Provided, That the foregoing enactments shall not apply to any State or Territory which has not had a grant of salines by act of Congress, nor to any State which may have had such a grant, until either the grant has been fully satisfied, or the right of selection thereunder has expired by efflux of time. But nothing in this act shall authorize the sale or conveyance of any title other than such as the United States has, and the patents issued shall be in the form of a release and quitclaim of all title of the United States in such lands. A. SALINE AND SALT LANDS. 1. CONSTRUCTION OF ACT. 2. PROVISIONS FOR DISPOSAL. 3. POLICY OF GOVERNMENT AS SHOWN BY ACT. 8. HEARING TO DETERMINE. 1. CONSTRUCTION OF ACT. This act does not repeal or otherwise affect the act of February, 1859 (11 Stat. 334), and the two acts should stand together, each having a separate field in which to operate and providing different methods of acquiring title to saline lands Oregon v. Jones, 24 L. D. 116, p. 118. 2. PROVISIONS FOR DISPOSAL. No authority exists for the disposal of saline lands or salt springs belonging to the United States except under this act, and it has been the policy of the Government from the earliest dates to reserve all salines and to dispose of them only by special acts of Congress. Southwestern Min. Co., In re, 14 L. D. 597, p. 601. New Mexico, In re, 35 L. D. 1, p. 6. See Salt Bluff Placer, In re, 7 L. D. 549. With the exception of the act of March 3, 1829 (4 Stat. 364), this act was the first to make provision for the general disposition and marks the departure from the Government policy of reserving from sale all lands containing salt springs and deposits. New Mexico, In re, 35 L. D. 1, p. 4. See Morton v. Nebraska, 88 U. S. 660. This act created an exception as to the method of disposing of saline lands. New Mexico, In re, 31 L. D. 389, p. 390. Morton v. Nebraska, 88 U. S. (21 Wall.), 660. Salt Bluff Placer, In re, 7 L. D. 549. Southwestern Min. Co., In re, 14 L. D. 597. Lands chiefly valuable for their salt deposits are not subject to placer entry, but authority for their disposal exists only under the provisions of this act. New Mexico, In re, 35 L. D. 1, p. 6. See Salt Bluff Placer, In re, 7 L. D. 549, p. 552. At the time of the passage of this act the general mining laws had been in force for nearly five years, and while salt belongs to the mineral kingdom, yet Congress made no specific provision for the sale of lands which were saline in character. New Mexico, In re, 35 L. D. 1, p. 6. This act is the only authority for the disposal of saline lands or salt springs belonging to the United States, and the policy of the Government has been to reserve all salines and to dispose of them by specific acts of Congress. Salt Bluff Placer, In re, 7 L. D. 549. Prior to the passage of this act the Land Department had no authority to dispose of salt lands or salines either as agricultural or mineral lands. Southwestern Min. Co., In re, 14 L. D. 597, p. 601. Hall v. Litchfield, 2 C. L. O. 179. See Salt Bluff Placer, In re, 7 L. D. 549. |