not been transported out of the same, but nothing herein contained shall operate to enlarge the rights of any railway company to cut timber on the public domain, provided that the Secretary of the Interior may make suitable rules and regulations to carry out the provisions of this act, and he may designate the sections or tracts of land where timber may be cut, and it shall not be lawful to cut or remove any timber, except as may be prescribed by such rules and regulations, but this act shall not operate to repeal the act of June 3, 1878, providing for the cutting of timber on mineral lands. (Act of Mar. 3, 1891, 26 Stat. 1093.) * * * * * SEC. 128g. That unreserved public lands of the United States, exclusive of Alaska, which have been withdrawn or classified as coal lands, or are valuable for coal, shall * *** be subject * * to disposition * under the laws providing for the sale of isolated or disconnected tracts of public lands, but there shall be a reservation to the United States of the coal in such lands so * *.* sold, and of the right to prospect for, mine, and remove the same in accordance with the provisions of the act of June 22, 1910, and such lands shall be subject to all the conditions and limitations of said act. (Act of Apr. 30, 1912, 37 Stat. 105.) SEC. 129. The laws of the United States relating to mining claims, mineral locations, and rights incident thereto are hereby extended to the District of Alaska: Provided, That subject only to such general limitations as may be necessary to exempt navigation from artificial obstructions all land and shoal water between low and mean high tide on the shores, bays, and inlets of Bering Sea, within the jurisdiction of the United States, shall be subject to exploration and mining for gold and other precious metals by citizens of the United States, or persons who have legally declared their intentions to become such, under such reasonable rules and regulations as the miners in organized mining districts may have heretofore made or may hereafter make governing the temporary possession thereof for exploration and mining purposes until otherwise provided by law: Provided further, That the rules and regulations established by the miners shall not be in conflict with the mining laws of the United States; and no exclusive permit shall be granted by the Secretary of War authorizing any person or persons, corporation or company to excavate or mine under any of said waters below low tide, and if such exclusive permit has been granted it is hereby revoked and declared null and void; but citizens of the United States or persons who have legally declared their intention to become such shall have the right to dredge and mine for gold or other precious metals in said waters, below low tide, subject to such general rules and regulations as the Secretary of War may prescribe for the preservation of order and the protection of the interests of commerce; such rules and regulations shall not, however, deprive miners on the beach of the right hereby given to dump tailings into or pump from the sea opposite their claims, except where such dumping would actually obstruct navigation, and the reservation of a roadway 60 feet wide, under the tenth section of the act of May 14, 1898, entitled "An act extending the homestead laws and providing for right of way for railroads in the District of Alaska, and for other purposes," (30 Stat. 413), shall not apply to mineral lands or town sites. (Act of June 6, 1900, 31 Stat. 321, p. 329.) See sec. 190, p. 886. A. ALASKA GOVERNMENT ACT. 1. MINERAL LAWS EXTENDED TO ALASKA. 2. WATER RIGHTS LAWS EXTENDED TO ALASKA. 3. LAWS OF OREGON EXTENDED TO ALASKA-EFFECT. 5. PURPOSE OF ACT AS TO MINING CLAIMS. 6. EFFECT ON TITLE AND POSSESSION OF MINING CLAIMS. 7. LOCATION CERTIFICATE ADMISSIBLE IN EVIDENCE. 8. LANDS ABOVE HIGH TIDE OPEN TO LOCATION. 9. TIDE LANDS NOT OPEN TO LOCATION. 10. ROADWAYS ON WATER FRONTS-APPLICATION TO MINERAL LANDS AND MILL SITES. 1. MINERAL LAWS EXTENDED TO ALASKA. The provisions of the mineral laws of the United States were by this act extended to Alaska. Bennett v. Harkrader, 158 U. S. 441, p. 444. Meydenbauer v. Stevens, 78 Fed. 787, p. 789. Price v. McIntosh, Alaska 286, p. 289. Aurora Lode v. Bulger Hill and Nugget Gulch Placer, 23 L. D. 95. Brady, In re, 26 L. D. 305, p. 309. Logan, In re, 29 L. D. 395. Low v. Katalla Co., 40 L. D. 534, p. 537. The laws relative to the possession, incident rights, and disposal of mining lands were made operative in the District of Alaska in 1884, but none of the numerous other laws relating to the disposal of public lands elsewhere were put in force there. McFadden v. Mountain View Min., etc., Co., 97 Fed. 670, p. 679. Griffin v. American Gold Min. Co., 136 Fed. 69, p. 70. Tyee Consol. Min. Co. v. Langstedt, 136 Fed. 124. Brady, In re, 26 L. D. 305, p. 308. This act providing for a government for Alaska made it a land district of the United States over which was extended only the mineral laws of the United States. Goldstein v. Juneau Townsite, 23 L. D. 417, p. 419. By section 8 the laws of the United States relating to mining claims were declared to be in full force and effect in the District of Alaska, but this was superseded by the act of June 6, 1900 (31 Stat. 321, sec. 26), which extended the mining laws of the United States to the Territory of Alaska. Madigan v. Kougarok Min. Co. 3 Alaska 63, p. 69. McFarland v. Alaska Perseverance Min. Co., 3 Alaska 308, p. 319. By section 26 of the Alaska civil government act (31 Stat. 321, p. 380), the mining laws of the United States were extended to the Territory of Alaska, and this was a reenactment of a provision of the act of May 17, 1884 (23 Stat. 24), by which the United States mining laws were declared to be in full force and effect in the District of Alaska. Madigan v. Kougarok Min. Co., 3 Alaska 63, p. 68. McFarland v. Alaska Perseverence Min. Co., 3 Alaska 308, p. 325. 2. WATER RIGHTS LAWS EXTENDED TO ALASKA. Section 8 of the act of May 17, 1884 (23 Stat. 24) puts in force in Alaska the mining laws of the United States, including section 2339 R. S., and the similar portions of the act of July 26, 1866 (14 Stat. 251). McFarland v. Alaska Perseverance Min. Co., 3 Alaska 308, p. 323. Congress, the miners of Alaska, and the courts of Alaska have acted upon the construction that Congress had extended to Alaska, section 2339 R. S., providing for the appropriation and use of water for mining and other purposes. McFarland v. Alaska Perseverance Min. Co., 3 Alaska 308, p. 327. Noland v. Coon, 1 Alaska 36. Revenue Min. Co. v. Balderston, 2 Alaska 363. Miocene Ditch Co. v. Moore, 150 Fed. 483. 3. LAWS OF OREGON EXTENDED TO ALASKA-EFFECT. Section 7 provides that the general laws of the State of Oregon shall be in force in Alaska so far as consistent with the laws of the United States. Alaska Exploration Co. v. Northern Min., etc., Co., 152 Fed. 145. The seventh section of this act put in force in Alaska the general laws of the State of Oregon, and in an action for the possession for a mining claim a general finding for the plaintiff under the laws of Oregon is sufficient to support a judgment for the plaintiff, taken in connection with the allegations of his complaint. Bennett v. Harkrader, 158 U. S. 441, p. 446. See Deeney v. Mineral Creek Mill. Co., 11 N. Mex. 279, p. 287. 4. DEPARTMENT REGULATIONS-EFFECT IN ALASKA. Under this act the rules and regulations of the General Land Office and the Department of the Interior governing the administration of the mining laws are extended to Alaska. Mining Regulations for Alaska, In re, 4 L. D. 128. Local rules and regulations adopted by miners in 1880 could have no legal force or effect after the approval of this act. McFarland v. Alaska Perseverance Min. Co., 3 Alaska 308, p. 320. 5. PURPOSE OF ACT AS TO MINING CLAIMS. The purpose of Congress in this act was to secure to parties who were in actual possession of mining claims in Alaska the privilege of acquiring full title thereto, notwithstanding the failure to take full steps required by the general mining laws of the United States with reference to such location. Bennett v. Harkrader, 158 U. S. 441, p. 445. This act guarantees not only to parties who have located mining claims under the laws of the United States but to those who have occupied and improved or exercised acts of ownership over such claims the right to perfect their title. Bennett v. Harkrader, 158 U. S. 441, p. 445. Behrends v. Goldsteen, 1 Alaska 518, p. 526. By this section Congress guaranteed to all persons in possession of lands in Alaska at the date of its enactment the right ultimately to acquire a perfect title to the same, even as against mineral claimants. Young v. Goldsteen, 97 Fed. 303, p. 308. The provisions of this act are intended to prevent the injustice of suddenly introducing a statute of limitations into a new country and to preserve whatever existing rights there may be at the time of the enactment and give the owners of mining claims and others one year within which to submit their claims and title to such property to a court for determination. Tyee Consol. Min. Co. v. Jennings, 137 Fed. 863, p. 865. 56974°-Bull. 94, pt 2-15-4 6. EFFECT ON TITLE AND POSSESSION OF MINING CLAIMS. The title to all lands in Alaska, mineral and nonmineral, was in the Federal Government prior to May 17, 1884, and persons making improvements on any such lands had a possessory title only to the premises occupied and improved, and mineral claimants had no different right or title than that of nonmineral claimants. Young v. Goldsteen, 97 Fed. 303, p. 307. 7. LOCATION CERTIFICATE ADMISSIBLE IN EVIDENCE. Under the statute as applied to the Territory of Alaska a location certificate is admissible in evidence in a controversy over a mining claim for the purpose of showing the time when possession was taken, and as tending to show the property described, and the property of which possession was taken, and especially where the complaint contains an accurate description of the property. Bennett v. Harkrader, 158 U. S. 441, pp. 443, 445. 8. LANDS ABOVE HIGH TIDE OPEN TO LOCATION. Lands lying on a beach above the line of ordinary high tide are public lands of the United States, and, if mineral in character, can be located, occupied, and held under the mining laws as extended to Alaska, except where a roadway is located parallel to the shore line and reserved for the use of the public, under the act of May 14, 1898 (30 Stat. 409, p. 413). Logan, In re, 29 L. D. 395. 9. TIDE LANDS NOT OPEN TO LOCATION. Mineral lands lying below the line of ordinary high tide in Alaska are not open to location and occupation under the mining laws, and the Land Department is without authority to grant any concessions whatever as to working of such tidelands for mining purposes. Logan, In re, 29 L. D. 395, p. 397. Congress, by this specific enactment (Sec. 26, 31 Stat. 321, p. 329), made the land between low and mean high tide on the shores, bays, and inlets of Bering Sea subject to exploration and mining for gold and other precious metals, but did not extend this provision to other shore lands in Alaska, nor to the banks of navigable rivers. Heine v. Roth, 2 Alaska 416, p. 425. 10. ROADWAYS ON WATER FRONTS APPLICATION TO MINERAL LANDS AND MILL SITES. The 60-foot roadway reserved by section 10 of the act of May 14, 1898 (30 Stat. 409, p. 413), does not apply to mineral lands. Alaska Mildred Gold Min. Co., In re, 42 L. D. 255, p. 258. A mill-site claim being nonmineral land does not come within the reservation of section 26, 31 Stat. 321, p. 330, and under the tenth section of the act of May 14, 1898 (30 Stat. 409, p. 413), reserving a 60-foot roadway along a navigable water front, the shore-ward boundaries of a mill site can not lawfully be laid within 60 feet of the water's edge. Alaska Copper Co., In re, 32 L. D. 128, p. 131. SEC- 1298. That no association placer-mining claim shall hereafter be located in Alaska in excess of 40 acres, and on every placer-mining claim hereafter located in Alaska, and until a patent has been issued therefor, not less than $100 worth of labor shall be performed or improvements made during each year, including the year of location, for each and every 20 acres or excess fraction thereof. (Act of Aug. 1, 1912, 37 Stat. 242.) SEC. 129b. That no person shall hereafter locate any placer-mining claim in Alaska as attorney for another unless he is duly authorized thereto by a power of attorney in writing, duly acknowledged and recorded in any recorder's office in the judicial division where the location is made. Any person so authorized may locate placer-mining claims for not more than two individuals or one association under such power of attorney, but no such agent or attorney shall be authorized or permitted to locate more than two placer-mining claims for any one principal or association during any calendar month, and no placer-mining claim shall hereafter be located in Alaska except under the limitations of this act. (Act of Aug. 1, 1912, 37 Stat. 242.) SEC. 129c. That no person shall hereafter locate, cause or procure to be located, for himself more than two placer-mining claims in any calendar month: Provided, That one or both of such locations may be included in an association claim. (Act of Aug. 1, 1912, 37 Stat. 242.) SEC. 129d. That no placer-mining claim hereafter located in Alaska shall be patented which shall contain a greater area than is fixed by law, nor which is longer than three times its greatest width. (Act of Aug. 1, 1912, 37 Stat. 242.) SEC. 129e. That any placer-mining claim attempted to be located in violation of this act shall be null and void, and the whole area. thereof may be located by any qualified locator as if no such prior attempt had been made. (Act of Aug. 1, 1912, 37 Stat. 242.) A. PLACER CLAIMS—ALASKA. 1. LOCATIONS MUST COMPLY WITH THIS ACT. 2. EXCESSIVE AREA-INVALIDITY. 3. NUMBER LOCATED EACH MONTH. 4. LOCATIONS BY AGENTS-AUTHORITY AND POWER. 5. APPLICATION FOR PATENT FORM AND SUFFICIENCY. 6. NUMBER OF CLAIMS INCLUDED IN APPLICATION. 7. SURVEYOR GENERAL-DUTIES TO SURVEY. 8. AMOUNT OF ANNUAL EXPENDITURES-TIME OF PERFORMANCE. 1. LOCATIONS MUST COMPLY WITH THIS ACT. Any attempted placer location not made in conformity with this statute is a nullity, and the land covered thereby is subject to proper location at any time. Placer Min. Claims in Alaska, In re, 41 L. D. 337, p. 349. A placer-mining claim can not lawfully be located except in compliance with and under the limitations of this act. Placer Min. Claims in Alaska, In re, 41 L. D. 337, p. 348. |