file proof of such expenditures. Failure to file such proof is cause for cancellation of the entry.

TIMBER AND STONE CLAIMS.

Valid claims under the timber and stone act (20 Stat., 89, and 27 Stat., 348) within National Forests may be perfected under the terms of that act. Only one entry can be made by any person or association. Not more than 160 acres can be covered by any entry, and the land entered must be in one body.

A timber and stone entry is initiated by filing in the local land office an affidavit by the applicant that he has made no prior application under the act; that the land is unfit for cultivation, and valuable chiefly for its timber or stone; that it is uninhabited and contains no mining or other improvements, except for ditch or canal purposes (if any exist), save such as were made by or belong to the applicant; that the land is nonmineral; that the application is not made on speculation, but in good faith to secure the land for the exclusive use and benefit of the applicant; that he has not, directly or indirectly, made any agreement or contract by which the title shall inure in whole or in part to the benefit of any other person.

The applicant must have been upon and examined each legal subdivision of the land covered by his entry, and the sworn statement must be made upon his personal knowledge, except in so far as the statute provides that the affidavit may be made on information and belief.

An applicant making false affidavit is guilty of perjury. He will be punished as provided by law for such offense, and all conveyances of the land, or of any right, title, or claim thereto are absolutely null and void as against the United States.

Forest officers will direct their examination of timber and stone claims to the truth of the allegations in the sworn statements.

MINING CLAIMS.

Mineral lands within National Forests may be freely prospected, located, developed, and patented in accordance with the mining laws and National Forest regulations. (Appendix, p. 216.)

Any recognized mineral substance, if found in sufficient quantity, will warrant entry under the mining laws-for example, building stone, china or fire clay, coal, limestone, oil, slate, etc., but not brick clay, sand, or gravel. (Appendix, p. 283.)

It is the policy of the Government to favor the development of mines of gold and silver and other metals, and every facility is afforded for that purpose; but it requires faithful compliance with the conditions stipulated. There must be a valid discovery of mineral and a sufficient exploration of the ground to show it beyond question. (Appendix pp. 281–284.)

When application for patent is made it must appear that the land contains enough mineral to warrant its disposal under the mining laws. The character of the land is the primary question in determining whether a mining claim is valid. If the applicant has had ample

time and opportunity to show by exploration and development whether valuable mineral deposits exist on the land, and has not done so, his location can not be held to be a valid mining claim. (Appendix, p. 281.)

Lands can not lawfully be located or title thereto legally acquired by patent under the mining laws for purposes or uses foreign to mining or the development of mineral. (Appendix, p. 284.)

The locator of a mining claim has a right to use sufficient timber to develop his claim. Timber, however, can not be cut from one claim to be used on another of the same group unless its use develops the claim from which it is cut, as well as the one where it is used. Tim ber from one group of mining claims can not be used to develop another noncontiguous and separate group of mining claims, although they are owned in common. A mining claimant has no right to cut and remove timber from his claim merely for sale or other commercial purpose.

In examining and reporting upon mining claims, Forest officers should give precedence to supposed invalid locations to which an active claim is being asserted, if the claim injures National Forest interests, or if the location was evidently made to secure control of the land for power purposes or other uses foreign to mining or the development of mineral. If a sufficient description or identification of each location can not otherwise be secured, the necessary information should be secured from the county records. Reports on valid mining locations need not be made until application for patent is filed. No reports are necessary on locations which have been abandoned or of which no use is being made.

When making an examination and report upon a mining claim, the Forest officer should observe the following provisions:

If active mining operations are being conducted on the claim and ore is being marketed, and the general outlook indicates a bona fide mine, a close examination will not be necessary. The Forest officer should, in such cases, report the facts generally, after going through the mine.

Where the validity of the discovery is doubtful, a more careful examination should be made. It is not necessary that the claim should be a paying mine. If valuable mineral has been found and the nature of its occurrence would justify working the ground, the discovery would be legal and valid.

To determine whether or not such a discovery has been made, the Forest officer should proceed as follows:

The general character of the country and the distance from paying mines should be stated. The entire claim should be examined for mineral.

The method of working the claim, as well as water power and transportation facilities, should be ascertained when possible. In selecting the dirt for panning or ore for samples, the officer should rely upon his own judgment, and should consider, but not necessarily follow, the suggestion of the claimant. Special care should be taken to avoid salted samples.

Answers should be given, whenever possible, to each question on Form 654. If more space is needed, an additional sheet may be used and attached to the form. The answer to question 30 of the form should show whether the claim is used for any purpose other than mining and in what manner.

Reports should be made separately on each claim of a group, and when work on one claim is alleged to develop others, the extent and plan of development with relation to each should be shown.

Pans, hammers, picks, and crowbars are considered Forest equipment where needed under this order, and may be purchased.

If the field force on any Forest have not the necessary scientific and practical knowledge, mineral experts will be sent to make special examination, especially in cases which involve large areas of land and seriously jeopardize National Forest.

interests or prevent the proper management and protection of the Forests.

Definite evidence by qualified witnesses is necessary to sustain charges against any claim.

Good judgment, care, and initiative on the part of the Forest officer to add to or vary, for proper reason to be explained by him, the nature of the report will add greatly to its value, and will assist and protect legitimate mining and the interests of the United States by preventing fraudulent appropriation of nonmineral land under the guise of compliance with the mineral land laws.

Lode claims.-The Forest officer should examine on the ground the dimensions of the outcropping of the vein or lode, and note the general character of the rock in which the deposit is contained.

He should search for discovery shafts, pits, or tunnels which the owner has made in an effort to find or disclose the vein and ore. He should make notes of the appearance and extent of the vein or ore exposed in the excavations, and should particularly note whether there is a distinct deposit of ore minerals, or whether, for example, there is merely iron pyrites distributed in slight amount throughout the rock of the claim.

He should measure the width of the vein between the rock walls or the thickness of the mineralized zone of rock exposed in the excavations, and should observe the dip-that is, the inclination downward from the horizontal-of the vein mineralized rock, as well as the strike or course of the vein, noting the latter as NW., W., etc.

or

He should take a sample of each important grade of ore found in the excavation or in any vein on the claim, and observe the proportion of each kind of ore. He should then select a sample consisting of a number of pieces which, in his opinion, represents the average value of the vein or mineralized rock, being careful that these samples are actually taken from the vein and have not been brought from elsewhere. These samples need not weigh more than 3 pounds each, and they should be carefully wrapped and the wrapper labeled with