rights. Extra-lateral inside of such surface lines extended downward vertically, although such veins, lodes, or ledges may so far depart from a perpendicular in their course downward as to extend outside the vertical side lines of such surface locations. But their right of possession to such outside parts of such veins or ledges shall be confined to such portions thereof as lie between vertical planes drawn downward as above described, through the end lines of their locations, so continued in their own direction that such planes will intersect such exterior parts of such veins or ledges. And nothing in this section shall authorize the locator or possessor of a vein or lode which extends in its downward course beyond the vertical lines of his claim to enter upon the surface of a claim owned or possessed by another. Owners of tunnel sites. aries. SEC. 2323. Where a tunnel is run for the development of a vein or lode, or for the discovery of mines, the owners of such tunnel shall have the right of possession of all veins or lodes within three thousand feet from the face of such tunnel on the line thereof, not previously known to exist, discovered in such tunnel, to the same extent as if discovered from the surface; and locations on the line of such tunnel of veins or lodes not appearing on the surface, made by other parties after the commencement of the tunnel, and while the same is being prosecuted with reasonable diligence, shall be invalid, but failure to prosecute the work on the tunnel for six months shall be considered as an abandonment of the right to all undiscovered veins on the line of such tunnel. Regulations SEC. 2324. The miners of each mining district may make regulations made by miners. not in conflict with the laws of the United States, or with the laws of the State or Territory in which the district is situated, governing the location, manner of recording, amount of work necessary to hold posMarking bound- session of a mining claim, subject to the following requirements: The location must be distinctly marked on the ground so that its boundaries can be readily traced. All records of mining claims hereafter made shall contain the name or names of the locators, the date of the location, and such a description of the claim or claims located by reference to some natural object or permanent monument as will identify the claim. On each claim located after the tenth day of May, eighteen hundred Annual labor. and seventy-two, and until a patent has been issued therefor, not less than one hundred dollars' worth of labor shall be performed or improvements made during each year. On all claims located prior to the tenth day of May, eighteen hundred and seventy-two, ten dollars' worth of labor shall be performed or improvements made by the tenth day of June, eighteen hundred and seventy-four, and each year thereafter, for each one hundred feet in length along the vein until a patent has been issued therefor; but where such claims are held in common, such expenditure may be made upon any one claim; and upon a failure to comply with these conditions the claim or mine upon which such failure occurred shall be open to relocation in the same manner as if no location of the same had ever been made, provided that the original locators, their heirs, assigns, or legal representatives, have not resumed work upon the claim after failure and before such location. Upon the failure of any one of several co-owners to contribute his proportion of the expenditures required hereby, the co-owners who have performed the labor or made the improvements may, at the expiration of the year, give such delinquent co-owner personal notice in writing or notice by publication in the newspaper published nearest the claim for at least once a week for ninety days, and if at the expiration of ninety days after such notice in writing or by publication such delinquent should fail or refuse to contribute his proportion of the expenditure required by this section his interest in the claim shall become the property of his co-owners who have made the required expenditures. [Provided, That the period within which the work required to be done annually on all unpatented mineral claims shall commence on the first day of January succeeding the date of location of such claim, and this section shall apply to all claims located since the tenth day of May, anno Domini eighteen hundred and seventy-two. Amendment of Jan. 22, 1880, 21 Stat., 61.] Patents for mineral lands, how obtained. SEC. 2325. A patent for any land claimed and located for valuable deposits may be obtained in the following manner: Any person, association, or corporation authorized to locate a claim under this chapter, having claimed and located a piece of land for such purposes, who has, or have, complied with the terms of this chapter, may file in the proper land office an application for a patent, under oath, showing such compliance, together with a plat and field notes of the claim or claims in common, made by or under the direction of the United States surveyor general, showing accurately the boundaries of the claim or claims, which shall be distinctly marked by monuments on the ground, and shall post a copy of such plat, together with a notice of such application for a patent, in a conspicuous place on the land embraced in such plat previous to the filing of the application for a patent, and shall file an affidavit of at least two persons that such notice has been duly posted, and shall file a copy of the notice in such land office, and shall thereupon be entitled to a patent for the land, in the manner following: The register of the land office, upon the filing of such application, plat, field notes, notices, and affidavits, shall publish a notice that such application has been made, for the period of sixty days, in a newspaper to be by him designated as published nearest to such claim; and he shall also post such notice in his office for the same period. The claimant at the time of filing this application, or at any time thereafter, within the sixty days of publication, shall file with the register a certificate of the United States surveyor general that five hundred dollars' worth of labor has been expended or improvements made upon the claim by himself or grantors; that the plat is correct, with such further description by such reference to natural objects or permanent monuments as shall identify the claim, and furnish an accurate description to be incorporated in the patent. At the expiration of the sixty days of publication the claimant shall file his affidavit, showing that the plat and notice have been posted in a conspicuous place on the claim during such period of publication. If no adverse claim shall have been filed with the register and the receiver of the proper land office at the expiration of the sixty days of publication, it shall be assumed that the applicant is entitled to a patent, upon the payment to the proper officer of five dollars per acre, and that no adverse claim exists; and thereafter no objection from third parties to the issuance of a patent shall be heard, except it be shown that the applicant has failed to comply with the terms of this chapter. [Provided, That where the claimant for a patent is not a resident of or within the land district wherein the vein, lode, ledge, or deposit sought to be patented is located, the application for patent and the affidavits required to be made in this section by the claimant for such patent may be made by his, her, or its authorized agent, where said agent is conversant with the facts sought to be established by said affidavits. Amendment of Jan. 22, 1880, 21 Stat., 61.] Description of mining vein or lode claims. Patents to conto official monuments. SEC. 2327. The description of vein or lode claims upon surveyed lands shall designate the location of the claims with reference to the lines of the public survey, but need not conform therewith; but where patents have been or shall be issued for claims upon unsurveyed lands, the surveyors general, in extending the public survey, shall adjust the same to the boundaries of said patented claims so as in no case to interfere with or change the true location of such claims as they are officially established upon the ground. Where patents have issued for mineral lands, those lands only shall be segregated and shall be form deemed to be patented which are bounded by the lines actually marked, defined, and established upon the ground by the monuments of the official survey upon which the patent grant is based, and surveyors general in executing subsequent patent surveys, whether upon surveyed or unsurveyed lands, shall be governed accordingly. The said monuments shall at all times constitute the highest authority as to what land is patented, and in case of any conflict between the said monuments of such patented claims and the descriptions of said claims in the patents issued therefor the monuments on the ground shall govern, and erroneous or inconsistent descriptions or calls in the patent descriptions shall give way thereto. (As amended April 28, 1904 (33 Stat., 545).) Monuments to descrip govern tions. SEC. 2329. Claims usually called "placers," including all forms of Conformity of deposit, excepting veins of quartz, or other rock in place, shall be placer claims to surveys, limit of. subject to entry and patent, under like circumstances and conditions, Subdivisions of 10-acre tracts; maximum of placer locations. Conformity of placer claims to surveys, limitations of claims. What evidence of possession, etc., establish to a and upon similar proceedings, as are provided for vein or lode claims; but where the lands have been previously surveyed by the United States, the entry in its exterior límits shall conform to the legal subdivisions of the public lands. SEC. 2330. Legal subdivisions of forty acres may be subdivided into ten-acre tracts; and two or more persons, or associations of persons, having contiguous claims of any size, although such claims may be less than ten acres each, may make joint entry thereof; but no location of a placer claim, made after the ninth day of July, eighteen hundred and seventy, shall exceed one hundred and sixty acres for any one person or association of persons, which location shall conform to the United States surveys; and nothing in this section contained shall defeat or impair any bona fide preemption or homestead claim upon agricultural lands, or authorize the sale of the improvements of any bona fide settler to any purchaser. SEC. 2331. Where placer claims are upon surveyed lands, and conform to legal subdivisions, no further survey or plat shall be required, and all placer-mining claims located after the tenth day of May, eighteen hundred and seventy-two, shall conform as near as practicable with the United States system of public-land surveys, and the rectangular subdivisions of such surveys, and no such location shall include more than twenty acres for each individual claimant; but where placer claims can not be conformed to legal subdivisions, survey and plat shall be made as on unsurveyed lands; and where by the segregation of mineral lands in any legal subdivision a quantity of agricultural land less than forty acres remains, such fractional portion of agricultural land may be entered by any party qualified by law, for homestead or preemption purposes. SEC. 2332. Where such person or association, they and their grantors, have held and worked their claims for a period equal to the time right to a patent. prescribed by the statute of limitations for mining claims of the State or Territory where the same may be situated, evidence of such possession and working of the claims for such period shall be sufficient to establish a right to a patent thereto under this chapter, in the absence of any adverse claim; but nothing in this chapter shall be deemed to impair any lien which may have attached in any way whatever to any mining claim or property thereto attached prior to the issuance of a patent. Patents for non etc. SEC. 2337. Where nonmineral land not contiguous to the vein or lode mineral lands, is used or occupied by the proprietor of such vein or lode for mining or milling purposes, such nonadjacent surface ground may be embraced and included in an application for a patent for such vein or lode, and the same may be patented therewith, subject to the same preliminary requirements as to survey and notice as are applicable to veins or lodes; but no location hereafter made of such nonadjacent land shall exceed five acres, and payment for the same must be made at the same rate as fixed by this chapter for the superficies of the lode. The owner of a quartz mill or reduction works, not owning a mine in connection therewith, may also receive a patent for his mill site, as provided in Mining laws extended to saline lands. for building stone this section. Act of January 31, 1901 (31 Stat., 745), extending mining laws to saline lands. That all unoccupied public lands of the United States containing salt springs, or deposits of salt in any form, and chiefly valuable therefor, are hereby declared to be subject to location and purchase under the provisions of the law relating to placer-mining claims: Provided, That the same person shall not locate or enter more than one claim hereunder. Act of August 4, 1892 (27 Stat., 548), to authorize the entry of lands chiefly valuable for building stone under the placer mining laws. Entry of lands That any person authorized to enter lands under the mining laws of chiefly valuable the United States may enter lands that are chiefly valuable for building under the placer- stone under the provisions of the law in relation to placer-mineral mining laws. claims: Provided, That lands reserved for the benefit of the public schools or donated to any State shall not be subject to entry under this act. Act of February 11, 1897 (29 Stat., 526), to authorize the entry and patenting of lands containing petroleum and other mineral oils under the placer mining laws of the United States. That any person authorized to enter lands under the mining laws Entry and patof the United States may enter and obtain patent to lands containing enting of lands containing petropetroleum or other mineral oils, and chiefly valuable therefor, under leum and other the provisions of the laws relating to placer mineral claims: Provided, mineral oils unThat lands containing such petroleum or other mineral oils which der the placerhave heretofore been filed upon, claimed, or improved as mineral, but not yet patented, may be held and patented under the provisions of this act the same as if such filing, claim, or improvement were subsequent to the date of the passage hereof. OTHER PROVISIONS OF THE MINING LAWS. Proof of citizenship. (Rev. Stat., sec. 2321.) Proceedings on adverse claim. (Rev. Stat., sec. 2326; act Mar. 3, 1881, 21 Stat., 505; act Apr. 26, 1882, 22 Stat., 49.) Pending applications, existing rights preserved. (Rev. Stat., sec. 2328.) Veins within placer claims. (Rev. Stat., sec. 2333.) Local legislation for working, drainage, etc. (Rev. Stat., sec. 2338.) Homesteads on lands classed as mineral. (Rev. Stat., sec. 2341, 2342.) Mineral laws not applicable to Michigan, Wisconsin, Minnesota, Missouri, and Kansas. (Rev. Stat., sec. 2345; act May 5, 1876, 19 Stat., 52.) Mineral laws extended over Wichita lands, Oklahoma. (Act of Mar. 2 1895, 28 Stat., 876.) Expenditures in tunnels applicable to lodes. (Act of Feb. 11, 1876, 18 Stat., 315.) MINING LAWS IN ALASKA. Mining laws extended; mining districts, records, etc. (Act of May 17, 1884; sec. 8, 23 Stat., 24; act June 6, 1900, secs. 15 and 26, 31 Stat., 321, 326, 330.) Mining rights extended to native citizens of Canada. (Act of May 14, 1898, 30 Stat., 415.) Labor and improvements. (Act of Mar. 2, 1907, 35 Stat., 1243.) Extension of time for filing adverse claims and suits. (Act of June 7, 1910, 36 Stat., 459.) Amendments and modifications of mining laws in Alaska. (Act of Aug. 1, 1912, 37 Stat., 242.) DECISIONS UNDER THE MINING LAWS. As to when mining claims are part of the National Forest lands, see footnote, page 6, ante. Rights of locators or owners.-Under the act of June 4, 1897, authorizing the location of mining claims within forest reserves the rights of the locator are substantially the same as those of a locator on the public lands under section 2322, Revised Statutes. (United States v. Rizzinelli (C. C. D., Idaho), 182 Fed., 675.) The owner of a mining claim has the right of exclusive possession and enjoyment, but for mining purposes alone (citations infra.). Prior to patent he can not maintain a liquor saloon on his claim (United States v. Rizzinelli, 182 Fed., 675); or sell timber or hay therefrom (Teller v. United States, 113 Fed., 273; 1 Sol. Op., 188.) Nor, on the other hand, can the Secretary of Agriculture authorize any use of the claim, even for purposes foreign to mining, against the objection of the mining laws. owner, but if the latter waives his right of exclusive possession by arrangement with a power permittee, the power permit becomes effective on the land, and the Government may impose a charge for its use. (2 Sol. Op., 763; see also 2 Sol. Op., 865.) Where, however, timber on a mining claim, by reason of insect infestation, is a menace to the surrounding National Forest timber, the Government may sell it. (Lewis v. Garlock-United States, intervenor, 168 Fed., 153.) Powers and duties of Land Department.-The Government is a party in interest in every case involving the disposal of the public lands, and when such lands are sought to be acquired under any of the public land laws (in this case the mineral laws), it is not only within the power but it is the duty of the Land Department to see that the lands are disposed of according to law, and not in violation or evasion of the law. (Grand Canyon Ry. Co. v. Cameron, 36 L. D., 66.) Should the question of the character of the land be properly presented at any time before patent, it would manifestly be the duty of the [Interior] Department to ascertain whether or not the land contains "valuable deposits" in an ex parte case or a contest. The fact that a claim is contested would not change the character of the land to be taken under this law. In any event, it must contain "valuable deposits." (The Royal K Placer, 13 L. D., 86-89.) The Land Department has full authority of its own motion or at the instance of others to inquire into and determine whether mining locations within the National Forests were preceded by the requisite discovery of mineral and whether the lands are of the character subject to occupation and purchase under the mining laws, notwithstanding the locator has not applied for patent; and if the locations are found invalid the lands covered thereby will be administered as part of the National Forest without regard to such locations. (H. H. Yard et al., 38 L. D., 59.) Lands belonging to the United States can not be lawfully located, or title thereto by patent legally acquired, under the mining laws, for purposes or uses foreign to those of mining or the development of minerals; and should it be shown in case of an application for mineral patent that the claims applied for were not located in good faith for mining purposes, but for the purpose of securing control of a trail upon lands belonging to the United States, susceptible of such control by reason of the surrounding physical conditions, so as to place the claimant in a position to charge for the privilege of using the trail, and thereby to prevent the free and unrestricted use thereof by the public, such claims would be fraudulent from their inception, and patents thereto could not be obtained under the mining laws. (Grand Canyon Ry. Co. v. Cameron, 36 L. D., 67.) Lands subject to mineral entry-Discovery.—If the land contains gold or other valuable deposits in loose earth, sand, or gravel which can be secured with profit, that fact will satisfy the demand of the Government as to the character of the land as placer ground, whatever the incidental advantages it may offer to the applicant for a patent. (United States v. Iron Silver Mining Co., 128 U. S., 673, 684.) To sustain an application for mineral patent, as against persons alleging the land to be nonmineral, it must appear that mineral exists in quantity and value sufficient to subject it to disposal under the mining laws. In other words, the land must be shown to contain valuable deposits of mineral, which means more than a mere discovery that might be sufficient to support a location in the first instance. (Brophy v. O'Hare, 34 L. D., 596.) Under the established rule that when public land is sought to be taken out of the category of agricultural lands the evidence of its mineral character should be reasonably clear, the finding of colors of gold, even though fairly good prospects of gold, in placer prospecting, is not sufficient to establish the mineral character of the ground and sustain a mineral location thereof as against a prior entry under the homestead laws. (State v. Tanana Mines R. Co., 148 Fed., 678, syllabus.) Land not shown to contain valuable minerals of the kinds usually developed by mining operations, but which is chiefly valuable because it controls the entrance to a cavern containing crystalline deposits, |