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33 STAT. 556, APRIL 28, 1904.

SETTLEMENTS ON RAILROAD LANDS-NEW MEXICO.

AN ACT For the relief of small-holding settlers within the limits of the grant of land

to the Atlantic & Pacific Railroad Co. in the Territory of New Mexico. Be it enacted, etc., That the Atlantic & Pacific Railroad Co., its successors in interest and its or their assigns, may, when requested by the Secretary of the Interior so to do, relinquish or deed, as may be proper, to the United States

any

section or sections of its or their lands in the Territory of New Mexico the title to which was derived by said railroad company through the act of Congress of July 27, 1866 (14 Stat. 294), in aid of the construction of said railroad, any portion of which section is and has been occupied by any settler or settlers as a home or homestead by themselves or their predecessors in interest for a period of not less than 25 years next before the passage of this act, and shall then be entitled to select in lieu thereof, and to have patented other sections of vacant public land of equal quality in said Territory, as may be agreed upon with the Secretary of the Interior.

SEC. 2. That the Secretary of the Interior shall, as soon as may be after the passage of this act, cause inquiry to be made of all lands so held by settlers, and shall cause the holdings of such settlers to be surveyed, and on receiving such relinquishments or deeds shall at once, without cost to the settlers, cause patents to issue to each such settler for his or her such holdings: Provided, That not to exceed 160 acres shall be patented to any one person, and such recipient must possess the qualifications necessary to entitle him or her to enter such land under the homestead laws.

Sec. 3. That any fractions of any such sections of land remaining after the issuance of patents to the settlers as aforesaid shall be subject to entry by citizens the same as other public lands of the United States.

34 STAT. 1408, MARCH 4, 1907.

HOMESTEADS IN ALABAMA.

AN ACT To amend an act entitled “An act for the relief of certain homestead settlers

in the State of Alabama," approved February 24, 1905. Be it enacted, etc., That the act entitled “An act for the relief of certain homestead settlers in the State of Alabama,” approved February 24, 1905 (33 Stat. 813), be, and the same is hereby, amended so as to read as follows:

“That where any homestead entry heretofore allowed by the officers of the Land Department for lands within the limits of the grant made by act of Congress approved June 3, 1856 (11 Stat. 18), to the State of Alabama in aid of the construction of the railroad known as the Mobile & Girard Railroad has been canceled because of a superior claim to the land through purchase from the railroad company, which claim has been held to have been confirmed and a confirmatory patent issued for the land under the provisions of section 4 of the act of March 3, 1887 (24 Stat. 556), or where any homestead entry has been made on lands granted by the Congress of the United States to the State of Alabama, to aid in the construction of the Mobile & Girard Railroad, or the Tennessee & Coosa

Railroad, which said lands lie opposite to and coterminus with those portions of either of said roads which were constructed prior to the passage of the forfeiture act of September 29, 1890 (25 Stat. 496), the title to which is asserted and claimed by the vendee, or successor in interest of either of said railroad companies, such homesteader is hereby accorded the privilege of transferring his claim thus initiated under the homestead laws to any other nonmineral unappropriated public land subject to homestead entry, with full credit for the period of residence and for improvements made upon his said homestead entry prior to the order of its cancellation, or prior to the passage of this act: Provided, That he has not forfeited or voluntarily abandoned his homestead claim and that his application for transfer is presented within one year from the date of the passage of this act.

* Should such homesteader elect, however, to retain the tract embraced in his homestead entry heretofore canceled, or the tract so entered by him, the title to which may be claimed by the vendee or successor in interest of either of said railroad companies, the holder of the patented title, through the railroad grant, or of the title so claimed and asserted by any person, association, or corporation under either of said railroad grants as aforesaid shall thereupon be invited to relinquish or reconvey to the United States of America the land included in such homestead entry, and upon filing such relinquishment or reconveyance the party making such relinquishment or reconveyance shall be entitled to select and receive patent for an equal quantity of nontimbered, nonmineral, and unappropriated surveyed public lands subject to homestead entry within three years after the passage of this act, and upon the filing of such relinquishment or reconveyance all right, title, and interest under and through either of the said railroad grants or the confirmatory patent hereinbefore referred to shall revert to the United States, and the tract thus relinquished or reconveyed shall be treated and disposed of as other public lands of the United States: Provided, however, That such previous homesteader shall be reinstated in his rights and permitted to complete title to the land previously entered as though no cancellation of his homestead entry had been made or the title to the land had not been claimed and asserted adversely to him as aforesaid: Provided, That such homesteader or vendee or successor in interest of either of said railroad companies shall not be permitted to select more than 160 acres of lands in one section nor more than 320 acres of contiguous lands.”

SEC. 2. That the Secretary of the Interior shall prescribe rules and regulations for the administration of this act.

A. SETTLERS' RELIEF ACT-WITHDRAWALS.

1. MINERAL LANDS NOT SUBJECT TO SELECTIONS.
2. NONMINERAL LANDS UNAFFECTED BY SUBSEQUENT DISCOVER-

IES.

1. MINERAL LANDS NOT SUBJECT TO SELECTIONS. The rule that title to land not known to be mineral at date of selection of an entry will not be affected by later mineral discovery does not apply to a case where land was withdrawn at the time a selection was made and which has since been classified as coal.

Culver, In re, 40 L. 1), 593, p. 594.

Under this act no mineral land is subject to selection, but by virtue of the act of March 3, 1909 (35 Stat. 844), a selection must necessarily be canceled; and only by compliance with this latter act can a selection by an applicant be permitted to stand.

Hurley, In re, 40 L. D. 591, p. 592.

35 STAT. 48, MARCH 26, 1908.

CANCELLATION OF ENTIRES REPAYMENT OF MONEY.

AN ACT To provide for the repayment of certain commissions, excess payments,

and purchase moneys paid under the public laws. Be it enacted, etc., That where purchase moneys and commissions paid under any public land law have been or shall hereafter be covered into the Treasury of the United States under any application to make any filing, location selection, entry, or proof, such purchase moneys and commissions shall be repaid to the person who made such application, entry, or proof, or to his legal representative, in all cases where such application, entry, or proof has been or shall hereafter be rejected; and neither such applicant nor his legal representatives shall have been guilty of any fraud or attempted fraud in connection with such application.

SEC. 2. That in all cases where it shall appear to the satisfaction of the Secretary of the Interior that any person has heretofore or shall hereafter make any payments to the United States under the public land laws in excess of the amount he was lawfully required to pay under such laws, such excess shall be repaid to such person or to his legal representatives.

SEC. 3. That when the Commissioner of the General Land Office shall ascertain the amount of any excess moneys, purchase moneys, or commissions in any case where repayment is authorized by this statute, the Secretary of the Interior shall at once certify such amounts to the Secretary of the Treasury, who is hereby authorized and directed to make repayment of all amounts so certified out of any moneys not otherwise appropriated and issue his warrant in settlement thereof.

A. SETTLERS' RELIEF ACT.

1. MINERAL ENTRIES CANCELED-REPAYMENT.

This act is supplemental to the act of June 16, 1880 (21 Stat. 287), and it affords relief in cases of mineral entries disallowed or canceled because of lack of proof of discovery.

Hawk, In re, 41 L. D. 350, p. 353.

Repayment of the purchase money paid in connection with a mineral entry is authorized by this act where the entry was canceled or rejected because of the lack of sufficient proof to establish discovery of mineral.

Hawk, In re, 41 L. D. 350, p. 352.

An honest mistake made by a locator of a mining claim in stating that the land was valuable for mineral deposits, when in fact no sufficient discovery under the statute was made and the entry was not allowed, is sufficient to authorize repayment under this act, in the absence of proof of fraud. Hawk, In re, 41 L. D. 350, p.

353.

35 STAT. 645, FEBRUARY 24, 1909.

MINERAL SURVEYS-REPAYMENT.

AN ACT For relief of applicants for mineral surveys. Be it enacted, etc., That the Secretary of the Treasury be, and he is hereby, authorized and directed to pay, out of the moneys heretofore or hereafter covered into the Treasury from deposits made by individuals to cover cost of work performed and to be performed in the offices of the United States surveyors general in connection with the survey of mineral lands, any excess in the amount deposited over and above the actual cost of the work performed, including all expenses incident thereto for which the deposits were severally made or the whole of any unused deposit; and such sums, as the several cases may be, shall be deemed to be annually and permanently appropriated for that purpose. Such repayments shall be made to the person or persons who made the several deposits, or to his or their legal representatives, after the completion or abandonment of the work for which the deposits were made, and upon an account certified by the surveyor general of the district in which the mineral land surveyed, or sought to be surveyed is situated and approved by the Commissioner of the General Land Office.

A. MINERAL SURVEYS-RELIEF.

1. REPAYMENT OF EXCESSIVE DEPOSITS.
2. COST OF MINERAL SURVEYS-ASCERTAINMENT.

1. REPAYMENT OF EXCESSIVE DEPOSITS.

Prior to the adoption of this act there was no authority for the repayment of any excess of an amount deposited for the platting of a mineral claim and other office work in the surveyor general's office.

Hanson, In re, 38 L. D. 169, p. 171.
Hanson, In re, 38 L. D. 469.

This act authorizes the Secretary of the Treasury to pay out of money covered into the Treasury by individuals to cover the cost of work performed in connection with the survey of mineral lands any excess over and above the actual cost of work performed and the repayment is to be made upon an account certified by the surveyor general and approved by the Commissioner of the General Land Office.

Hanson, In re, 38 L. D. 169, p. 170.
Hanson, In re, 38 L. D. 469.

2. COST OF MINERAL SURVEYS-ASCERTAINMENT.

The cost of platting and of making copies of the plat and field notes required in mineral surveys should be ascertained by the value and the usual charge for such work at the time it was rendered, and the other expenses incident thereto should be ascertained from such data and information as will show what proportion of the estimated costs such expenses bear to the whole amount.

Hanson, In re, 38 L. D. 169, p. 171.

Where office work is performed by a special mineral survey force the expense and actual cost of the same must be paid out of the deposit, and the applicant has no interest therein or claim thereto.

Hanson, In re, 38 L. D. 469, p. 472.

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AN ACT To protect trade and commerce against unlawful restraints and monopolies.

Be it enacted, etc., Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is hereby declared to be illegal. Every person who shall make any such contract or engage in any such combination or conspiracy, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished by fine not exceeding $5,000, or by imprisonment not exceeding one year, or by both said punishments, in the discretion of the court.

SEC. 2. Every person who shall monopolize, or attempt to monopolize, or combine or conspire with any other person or persons, to monopolize any part of the trade or commerce among the several States, or with foreign nations, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished by fine not exceeding $5,000, or by imprisonment not exceeding one year, or by both said punishments, in the discretion of the court.

SEC. 3. Every contract, combination in form of trust or otherwise, or conspiracy, in restraint of trade or commerce in any Territory of the United States or of the District of Columbia, or in restraint of trade or commerce between any such Territory and another, or between any such Territory or Territories and any State or States or the District of Columbia, or with foreign nations, or between the Distrit of Columbia and any State or States or foreign nations, is hereby declared illegal. Every person who shal make any such contract or engage in any such combination or conspiracy, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished by fine not exceeding $5,000, or by imprisonment not exceeding one year, or by both said punishments, in the discretion the court.

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Sec. 6. Any property owned under any contract or by any combination, or pursuant to any conspiracy (and being the subject thereof) mentioned in section 1 of this act, and being in the course of transportation from one State to another, or to a foreign country, shall be forfeited to the United States, and may be seized and condemned by like proceedings as those provided by law for the forfeiture, seizure, and condemnation of property imported into the United States contrary to law.

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