The mere outcropping of surface veins of coal on a school section, with two or three insignificant openings on surface coal, with but a few wagon loads taken from such outcropping surface veins, are not sufficient to establish the mineral character of such lands and except it from the operation of school lands.

Frees v. Colorado, 22 L. D. 510.

3. SALT SPRINGS-SELECTION AND LIMITATION.

This grant is limited to 12 salt springs, and all other salt springs above that number are subject to other laws, and if a third party had intervened prior to the selection by the State and initiated proceedings under the act of 1877 (19 Stat. 221), the right of the State would have been lost.

Colorado, In re, 10 L. D. 222, p. 227.

This act granted to the State of Colorado all salt springs not exceeding 12 in number, with six sections of adjoining or contiguous land, to be selected within prescribed periods, but excluding all salt springs wherein private rights have vested.

New Mexico, In re, 35 L. D. 1, p. 4.

Hall v. Litchfield, 2 C. L. O. 179.

This act, while authorizing the people of Colorado to form a State, provides that no salt springs, the right whereof now is or hereafter shall be confirmed or adjudged to any individual or individuals, shall by this section be granted to said State.

Southwestern Min. Co., In re, 14 L. D. 597, p. 601.

Under this act the Land Department has no authority to dispose of lands either as agricultural or mineral lands on which salt springs are shown to exist, together with 6 sections adjoining and as contiguous as may be to each of such springs, and this places Colorado on an equal footing with the other States in the matter of salt springs reservations.

Hall v. Litchfield, 2. C. L. O. 179.

The failure of the State of Colorado to make its selections of salt springs within the time fixed by this section does not work a forfeiture of the grant, as the statute in this respect is directory merely, and the right of selection does not expire at the end of two years.

Colorado, In re, 10 L. D. 222, p. 223.

Oregon v. Jones, 24 L. D. 116, p. 118.

Lands in which mineral springs are situated were subject to disposal under general laws, prior to the act of January 31, 1901 (31 Stat. 745), and were subject to location and entry with Valentine Scrip, but are now subject to location, entry, and sale under the mining laws.

Roberts v. Foote, 9 C. L. O. 3,

p. 4.

4. COAL LANDS EXCEPTED.

Lands generally known to be valuable coal lands did not pass to the State of Colorado by this act.

Burkhart, In re, 15 C. L. O. 38.

See Colorado, In re, 7 L. D. 490.

Ramey, In re, 15 C. L. O. 194.

Sections 16 and 36, if known to contain deposits of coal, or known to be valuable as coal or mineral lands, did not pass to the State for school purposes under this grant. Townsite of Silver Cliff v. Colorado, 6 C. L. O. 152.

See Norager, In re, 10 C. L. O. 54.

McKean v. Buell, Copp's Min. Lands 343.

Hodgen v. California, Î C. L. O. 135, Sickels' Min. L. & D. 405.

Sections 16 and 36 of the several townships of the State did not pass to the State under this act where such sections contain valuable deposits of coal.

Colorado, In re, Copp's Min. Lands 341, p. 342.

Whether lands are coal lands is a question of fact, and when disputed a hearing may be ordered to determine the character of the land.

Burkhart, In re, 15 C. L. O. 38.

5. SCHOOL LANDS.

a. KNOWN MINERAL LANDS EXCEPTED.

Where sections 16 and 36 were, at the time of the admission of Colorado, known to contain mineral they did not pass under this grant.

Townsite of Silver Cliff, In re, 6 C. L. O. 152.

Colorado School Sections, In re, 16 C. L. O. 242.

Dartt, In re, 5 C. L. O. 178.

The State takes title to sections 16 and 36 for school purposes where the lands are not known to be mineral at the time of the survey.

Miner, In re, 9 L. D. 408, p. 413.

Overruling Colorado, In re, 7 L. D. 490.

See Spong, In re, 5 L. D. 193.

The title to sections 16 and 36 vested in the State of Colorado at the date of survey where the land was not known to be mineral or was not treated as such by the Government, and the title is not divested by the subsequent discovery of the mineral character.

Miner, In re, 9 L. D. 408, p. 409.

See Cooper v. Roberts, 59 U. S (18 How.) 173.

See Mining Co. v. Consolidated Min. Co., 102 U. S. 167, p. 175.

Pereira v. Jacks, 15 L. D. 273.

Rice v. California, 24 L. D. 14, p. 15.
Loney v. Scott, 57 Oreg. 378, p. 383.

This grant of sections 16 and 36 includes all kinds of land, and upon principle all lands embraced in said sections, except mineral lands, pass to the State, and no patent or certificate was necessary if they were not mineral in character.

Warren v. Colorado, 14 L. D. 681, p. 684.

b. TIME GRANT TAKES EFFECT-SUrvey.

The grant as to Lonmineral lands in sections 16 and 36 took effect, as to sections which had then been surveyed at the date of the President's proclamation, August 1, 1876 (19 Stat. 665), admitting Colorado as a State.

Townsite of Silver Cliff v. Colorado, 6 C. L. O. 152.

Where a survey was approved subsequent to the date of the admission of Colorado, and at the time of such approval lands in sections 16 and 36 were known to be mineral in character, they did not pass to the State.

Townsite of Silver Cliff v. Colorado, 6. C. L. O. 152.

Colorado Schools Sections, In re, 16 C. L. O. 242.

If upon survey the lands embraced in sections 16 and 36 are shown to be mineral within the meaning of the statute, the State is not entitled to these specific lands, as their disposal has been otherwise provided for but the State would be entitled to equivalent lands as indemnity therefor.

Colorado, In re, 6 L. D. 412, p. 419.

Where a survey of sections 16 and 36 was approved subsequent to the admission of Colorado, lands in said sections then known to be mineral did not pass to the State.

Townsite of Silver Cliff v. Colorado, 6 C. L. O. 152.

Colorado Schools Sections, In re, 16 C. L. O. 242.

The grant as to sections 16 and 36 surveyed subsequent to the admission of Colorado as a State took effect at the date of the approval of the survey by the United States surveyor general; and if lands in such sections were known to be mineral prior to both survey and admission of the State, it is immaterial that the surveyor general did not discover their true character.

Townsite of Silver Cliff v. Colorado, 6 C. L. O. 152.

See Virginia Lode, In re, 15 C. L. Ó. 218.

Cooper v. Roberts 59 U. S. (18 How.) 173.

The State's title to school land would not pass under this act where a survey is grossly irregular on its face and surrounded by other unreliable surveys by which its own accuracy is necessarily affected, and which was subsequently set aside.

Harvey, In re, 15 C. L. O. 218.

A mining claim located on school sections under this act will have priority over the State's right where the survey was grossly irregular on its face and surrounded by other unreliable surveys, and which was afterwards set aside.

Harvey, In re, 15 C. L. O. 218.

See Bowe, In re, 15 C. L. O. 246.

The title of the State to mineral lands will not pass on a survey grossly irregular on its face and surrounded by other unreliable surveys by which its own accuracy is necessarily affected.

Virginia Lode, In re, 7 L. D. 459, p. 461.

The grant to Colorado took effect on the date of the proclamation by the President but conveyed no land known to be mineral in character prior to such date. Warren v. Colorado, 14 L. D. 681, p. 683.

C. DISCOVERY OF MINERAL SUBSEQUENT TO SURVEY-EFFECT.

The enabling act admitting Colorado gave the State sections 16 and 36 for school purposes, if such sections were not known to contain minerals at the date of the approval of the survey, and the discovery of minerals on such sections subsequent to such approval does not defeat the title of the State.

Colorado, In re, 6 L. D. 412.

Virginia Lode, In re, 7 L. D. 459, p. 460.

Dartt, In re, 5 C. L. O. 178.

Townsite of Silver Cliff v. State of Colorado, 6 C. L. O. 152.

Loney v. Scott, 57 Oreg. 378, p. 383.

The State's title to lands vests on the approval of the survey, and titles to lands not, then known to contain minerals can not be divested by any subsequent discovery of mineral thereon.

Virginia Lode, In re, 7 L. D. 459, p. 460.

See Cooper v. Roberts, 59 U. S. (18) How.) 173.

The same rule applies to grants to a State as to grants to a railroad as to the discovery of mineral after the issuance of the patent.

Virginia Lode, In re, 7 L. D. 459, p. 460.
See Spong, In re, 5 L. D. 193.

d. RIGHT OF MINERAL CLAIMANT,

A mineral entry on section 16 will be held for cancellation where the evidence fails to show that the land entered was known to be valuable for mineral prior to the date of the admission of Colorado.

Fleetwood Lode, In re, 12 L. D. 604, p. 606.

See Boulder v. Buffalo Min. Co., In re, 7 L. D. 54.

A mineral applicant for lands in section 16 will be permitted to submit supplemental proof upon due notice to the State showing the mineral character of such land prior to and at the date of the admission of the State.

Fleetwood Lode, In re, 12 L. D. 604, p. 606.

A third person can not claim title to school lands not known to be mineral at the time of the survey under the claim of a former settlement, where such former settler had abandoned the land.

Miner, In re, 9 L. D. 408, p. 415.

See Water & Min. Co. v. Bugbey, 96 U. S. 165, p. 167.

19 STAT. 665, AUGUST 1, 1876.

PROCLAMATION-COLORADO.

See 18 Stat. 474, p. 1279 for all annotations under the proclamation of August 1, 1876 (19 Stat. 665).

23 STAT. 10, 1 SUPP. 424, APRIL 2, 1884.

SCHOOL GRANT-SELECTION OF LIEU LANDS.

AN ACT To enable the State of Colorado to take lands in lieu of the 16th and 36th sections found to be mineral lands, etc.

Be it enacted, etc., That an act entitled "An act to enable the people of Colorado to form a constitution and State government, and for the admission of the said State into the Union on an equal footing with the original States," approved March 3, 1875 (18 Stat. 474) shall be construed as giving to the State of Colorado the right to select for school purposes other lands in lieu of such sixteenth and thirty-sixth section as may have been or shall be found to be mineral lands: Provided, That such selections shall be made from lands returned as agricultural, and upon which at the date of selection no valuable mineral discoveries have been made; and all such selections shall be reported to the Secretary of the Interior, who shall, if he is satisfied such lands so selected are not mineral, so certify, and thereupon the right of said State to such selected lands shall finally attach; and the Secretary of the Interior shall also ascertain whether any of such sixteenth and thirty-sixth sections are mineral lands, and shall certify their character, which certificate shall determine the matter.

SEC. 2. That it shall be the duty of the deputy surveyor, at the time of executing the survey of any township, to make critical examination of the character of sections 16 and 36, and to embrace in his field notes a full report of any and all mineral discoveries found to the surveyor general, who shall report to the Secretary of the Interior whether the whole or any part of either of said sections is mineral in character.

SEC. 3. That the State of Colorado, in selecting lands for agricultural-college purposes under the acts of July 2, 1864 (1862) (12 Stat. 503), and July 23, 1866 (14 Stat. 208), may select an amount of land equal to 30,000 acres for each Senator and Representative which said State is entitled to in Congress, from any public land in said State not double-minimum-priced land; or selections may be made from said double-minimum lands, but in the latter case the lands are to be computed at the maximum price and the number of acres proportionately diminished; but no mineral land shall be selected.

A. COLORADO GRANT-LIEU LANDS.

By this act the State of Colorado was given the right to sell for school purposes other lands in lieu of sections 16 and 36 where such sections were found to be mineral lands. Colorado, In re, 6 L. D. 412, p. 419.

19 STAT. 267, p. 268, 1 SUPP. R. S. 132, p. 133, MARCH 1, 1877. SCHOOL GRANT-INDEMNITY SELECTIONS-CALIFORNIA.

AN ACT Relating to indemnity school selections in California. Be it enacted, etc., That the title to the lands certified to the State of California, known as indemnity school sections, which lands were selected in lieu of sixteenth and thirty-sixth sections, lying within Mexican grants, * is hereby confirmed to said

State.

*

*

*

*

SEC. 4. That this act shall not apply to any mineral lands, nor to any lands in the city and county of San Francisco, nor to any incorporated city or town, nor to any tide, swamp, or overflowed lands.

A. OIL LANDS-CLASSIFICATION-EFFECT ON STATE'S RIGHT OF

SELECTION.

The classification of land as oil and the placing of the same in a petroleum reserve will defeat an application to amend a defective school indemnity selection on the part of the State.

California, In re, 40 L. D. 301, p. 302.

21 STAT. 287, CHAP. 245, JUNE 16, 1880.

SCHOOL GRANT-SELECTION OF LANDS-NEVADA.

AN ACT To grant the State of Nevada lands in lieu of the sixteenth and thirty-sixth sections in said State.

Be it enacted, etc., That there be, and are hereby, granted to the State of Nevada 2,000,000 acres of land in said State, in lieu of the sixteenth and thirty-sixth sections of land heretofore granted to the State of Nevada by the United States: Provided, That the title of the State and its grantees to such sixteenth and thirty-sixth sections as may have been sold or disposed of by said State prior to the passage of this act shall not be changed or vitiated in consequence of or by virtue of this act.

SEC. 2. The lands herein granted shall be selected by the State authorities of said State from any unappropriated, nonmineral, public land in said State, in quantities not less than the smallest legal subdivision; and when selected in conformity with the terms of this act the same shall be duly certified to said State by the Commissioner of the General Land Office and approved by the Secretary of the Interior.

SEC. 3. The lands herein granted shall be disposed of under such laws, rules, and regulations as may be prescribed by the Legislature of the State of Nevada: Provided, That the proceeds of the sale thereof shall be dedicated to the same purposes as heretofore provided in the grant of the sixteenth and thirty-sixth sections made to said State.

SEC. 4. This act shall take effect from and after its passage.