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A, SHERMAN ANTITRUST ACT.

1. COMBINATIONS-EXTENT OF ACT.
2. COMBINATIONS--RIGHT OF COAL COMPANY TO REFUSE TO SELL.

1. COMBINATIONS-EXTENT OF ACT.

See 24 Stat. 379.

This act does not denounce every combination to engage in or to conduct commerce among the States, but it condemns those combinations alone which restrain such commerce and those only the necessary effect of which is to stifle and directly and substantially to restrict free competition in such commerce, nor is the combination condemned where it only incidentally and indirectly restricts competition.

Union Pac. Coal Co. v. United States, 173 Fed. 737, p. 739.

2. COMBINATIONS -RIGHT OF COAL COMPANY TO REFUSE TO SELL.

There is nothing in this act which deprives a coal company of any of the common rights of the owners and venders of merchandise, and if such coal company did not combine with others so to do its mere refusal to sell its coal to a certain person on certain conditions is not in violation of this act.

Union Pac. Coal Co. v. United States, 173 Fed. 737, p. 739.
See Morris Run Coal Co. v. Barclay Coal Co., 68 Pa. St. 173, p. 186.

A coal company engaged in mining and selling its coal is not prohibited by this act from refusing to sell its coal to a particular person nor from selecting its customers, fixing the price and terms of the sale, nor from selling to different persons at different prices.

Union Pac. Coal Co. v. United States, 173 Fed. 737, p. 739.

SOLDIERS' ADDITIONAL HOMESTEAD RIGHTS.

17 STAT. 333, JUNE 8, 1872.

ADDITIONAL HOMESTEAD RIGHTS TO SOLDIERS.

AN ACT To amend an act relating to soldiers' and sailors' homesteads.

Be it enacted, etc., That the act entitled "An act to enable honorably discharged soldiers and sailors, their widows and orphan children, to acquire homesteads on the public lands of the United States," approved April 4, 1872 (17 Stat. 49), be, and the same is hereby, amended so as to read as follows: That every private soldier and officer who has served in the Army of the United States during the recent rebellion for 90 days, or more, and who was honorably discharged, and has remained loyal to the Government, including the troops mustered into the service of the United States by virtue of the third section of an act entitled "An act making appropriations for completing the defenses of Washington, and for other purposes,” approved February 13, 1862 (12 Stat. 339), and every seaman, marine, and officer who has served in the Navy of the United States, or in the Marine Corps, during the rebellion, for 90 days, and who was honorably discharged, and has remained loyal to the Government, shall, on compliance with the provisions of an act entitled “An act to secure homesteads to actual settlers on the public domain" (12 Stat. 392), and the acts amendatory thereof, as hereinafter modified, be entitled to enter upon and receive patents for a quantity of public lands (not mineral) not exceeding 160 acres, or one quarter section, to be taken in compact form, according to legal subdivisions, including the alternate reserved sections of public lands along the line of any railroad or other public work, not otherwise reserved or appropriated, and other lands subject to entry under the homestead laws of the United States: Provided, That said homestead settler shall be allowed six months after locating his homestead, and filing his declaratory statement, within which to make his entry and commence his settlement and improvement: And provided also, That the time which the homestead settler shall have served in the Army, Navy, or Marine Corps aforesaid shall be deducted from the time heretofore required to perfect title, or if discharged on account of wounds received, or disability incurred in the line of duty, then the term of .enlistment shall be deducted from the time heretofore required to perfect title, without reference to the length of time he may have served: Provided, however, That no patent shall issue to any homestead settler who has not resided upon, improved, and cultivated his said homestead for a period of at least one year after he shall commence his improvements as aforesaid.

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17 STAT. 605, MARCH 3, 1873.

HOMESTEAD RIGHTS TO SOLDIERS-AMENDMENT.

AN ACT To amend an act entitled "An act to enable honorably discharged soldiers

and sailors, their widows and orphan children, to acquire homesteads on the public lands of the United States," and the amendments thereto.

Be it enacted, etc., That section 2 of the act entitled "An act to amend an act relating to soldiers' and sailors' homesteads," approved June 8, 1872 (17 Stat. 49), be amended so as to read as follows: "That any person entitled under the provisions of the foregoing sections to enter a homestead, who may have heretofore entered under the homestead laws a quantity of land less than 160 acres, shall be permitted to enter so much land as, when added to the quantity previously entered, shall not exceed 160 acres."

A. SOLDIERS' HOMESTEAD RIGHTS.

1. RIGHT TO LOCATE LANDS WITHDRAWN FOR COAL CLASSIFICA

TION.
2. COAL CHARACTER OF LAND TIME OF DETERMINATION.

1. RIGHT TO LOCATE LANDS WITHDRAWN FOR COAL CLASSIFICATION.

See 35 Stat. 844, p. 812; 36 Stat. 583, p. 816.

Lands withdrawn from the public domain or classified as coal are, by the act of June 22, 1910 (36 Stat. 583), subject to entry by actual settlers only, and such lands are not subject to soldiers' additional homestead rights.

Jenne, In re, 40 L. D. 408, p. 409.

A substitution of a soldiers' additional homestead right filed in lieu of a similar right formerly held in valid does not relate back to the date of the original application, but runs only from the date of the last application under such substitution, and if at such date the land applied for was embraced in a coal-land withdrawal, the substituted application is unavailing.

Jenne, In re, 40 L. D. 408, p. 408.

An application to locate a soldiers' additional homestead right presented prior to June 22, 1910, and pending at the time of an order of withdrawal of lands for coal classification under the act of that date (36 Stat. 583), is not thereby defeated, but the applicant can receive only a limited patent for the land in accordance with the provisions of that act.

Moore, In re, 40 L. D. 461, p. 462.

2. COAL CHARACTER OF LAND

TIME OF DETERMINATION.

When the right to a patent under the soldiers' additional homestead law depends upon whether the land is agricultural or is known to be chiefly valuable for coal, that question must be determined according to the conditions existing at the time when the applicant complies with all the requirements of the statute and the regulations properly prescribed, and if the land is not then known to be chiefly valuable for coal he acquires a right to a patent which will not be disturbed by a subsequent change in the conditions, but if before such compliance it is discovered that the land is valuable for coal nothing that he may subsequently do will give him a right to a patent.

Leonard v. Lennox, 181 Fed. 760, p. 763.

STATE AND PUBLIC GRANTS.

I. STATE GRANTS.
II. CITIES, TOWNS, AND CORPORATIONS, p. 1305.

I. STATE GRANTS.

2 STAT. 173, APRIL 30, 1802.

SALINES AND SALT SPRINGS GRANTED TO OHIO.

AN ACT To enable the people of the eastern division of the territory northwest of

the River Ohio to form a constitution and State government, etc.

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Be it enacted, etc.,

SEC. 7. And be it further enacted, That the following propositions be, and the same are hereby, offered to the convention of the eastern State of the said territory, when formed, for their free acceptance or rejection, which if accepted by the convention shall be obligatory upon the United States.

Second. That the 6-mile reservation, including the salt springs commonly called the Scioto salt springs, the salt springs near the Muskingum River, and in the military tract, with the sections of land which include the same, shall be granted to the said State for the use of the people thereof, the same to be used under such terms and conditions and regulations as the legislature of the said State shall direct: Provided, The said legislature shall never sell or lease the same for a longer period than 10 years.

A. SALT SPRINGS INCLUDED IN GRANT TO STATE.

See Lead mines, p. 1039; Reservations, p. 1159; Salines and salt springs, p. 1194; Settlers' relief acts, p. 1215.

The salt springs mentioned in this act were included in the grant to the State of Ohio.

Colorado, In re, 10 L. D. 222, p. 223.
New Mexico, In re, 35 L. D. 1, p. 4.
Hall v. Litchfield, 2 C. L. 0. 179.

In the congressional grant to Ohio, in addition to the great Scioto salt spring reservation, the salt springs near the Muskingum River and in the military tract, and the sections of land in which the same were located, were included.

Alabama, In re, 21 L. D. 320, p. 322.

2 STAT. 277, MARCH 26, 1804.

SALINES AND SALT SPRINGS RESERVED.

AN ACT Making provision for the disposal of the public lands in the Indiana Ter

ritory.

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Be it enacted, etc.

Sec. 5. And be it further enacted, That all the lands aforesaid, not excepted by virtue of the preceding section, shall, with the exception

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of section 16, which shall be reserved in each township for the support of schools within the

same,

and with the exception also of the salt springs and lands reserved for the use of the same as hereinafter directed, be offered for sale to the highest bidder, under the direction of the surveyor general, or governor of the Indiana Territory.

SEC. 6. And be it further enacted, That all the navigable rivers, creeks and waters, within the Indiana Territory, shall be deemed to be and remain public highways; and the several salt springs in the said Territory, together with as many contiguous sections to each, as shall be deemed necessary by the President of the United States, shall be reserved for the future disposal of the United States. And any grant which may hereafter be made for a tract of land, containing a salt spring which had been discovered previous to the purchase of such tract from the United States, shall be considered as fraudulent and null.

A. SALT SPRINGS RESERVED.

By tnis act for the disposal of public lands in the Indiana Territory the salt springs, with as many contiguous sections to eack as shall be deemed necessary by the President, were reserved for the future disposal of the United States.

Colorado, In re, 10 L. D. 222, p. 223.
Southwestern Min. Co., In re, 14 L. D. 597, p. 599.
Hall v. Litchfield, 2 C. L. 0. 179.
This act recognizes the reservation from sale of salt springs.
Lease of Mineral Lands, In re, 4 Op. Atty. Genl., 480, p. 488.

2 STAT. 324, MARCH 2, 1805.

SALT SPRINGS AND LEAD MINES RESERVED.

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AN ACT For ascertaining and adjusting the titles and claims to land, within the ter

ritory of Orleans, and the District of Louisiana. Be it enacted, etc.,

SEC. 6. And be it further enacted, That the Secretary of the Treasury shall be, and he is hereby authorized to employ three agents, one for each board, and whose compensation shall not exceed $1,500 each, for the purpose of appearing before the commissioners, in behalf of the United States, to investigate the claims for lands, and to oppose all such as said agent may deem fraudulent and unfounded. It shall also be the duty of said agent for the district of Louisiana, to examine into and investigate the titles and claims, if any there be, to the lead mines within the said district, to collect all the evidence within his power, with respect to the claims to, and value of said mines, and to lay the same before the commissioners, who shall make a special report thereof, with their opinions thereon, to the Secretary of the Treasury, to be by him laid before Congress, at their next ensuing session *

A. SALT SPRINGS RESERVED. This act, as amended by the act of April 21, 1806 (2 Stat. 391), providing for the future disposal of public lands, contained an exception of salt springs and lands contiguous thereto.

Southwestern Min. Co., In re, 14 L. D. 597, p. 599.

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