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in which the lands are located or situated, a notice containing the name or names of the locator or locators, the date of the location, the description of the lands located, and a reference to such natural objects or permanent monuments as will readily indentify the same.

Charlton Code, p. 104, sec. 1.

SEC. 188. Such locator or locators, or their assigns, who are citizens of the United States, shall receive a patent to the lands located by presenting, at any time within three years from the date of such notice, to the register and receiver of the land district in which the lands so located are situated an application therefor, accompanied by a certified copy of a plat of survey and field notes thereof, made by a United States deputy surveyor or a United States mineral surveyor duly approved by the surveyor general for the District of Alaska, and a payment of the sum of $10 per acre for the lands applied for; but no such application shall be allowed until after the applicant has caused a notice of the presentation thereof, embracing a description of the lands, to have been published in a newspaper in the District of Alaska published nearest the location of the premises for a period of 60 days, and shall have caused copies of such notice, together with a certified copy of the official plat or survey, to have been kept posted in a conspicuous place upon the land applied for and in the land office for the district in which the lands are located for a like period, and until after he shall have furnished proof of such publication and posting, and such other proof as is required by the coal-land laws; Provided, That nothing herein contained shall be so construed as to authorize entries to be made or title to be acquired to the shore of any navigable waters within said district. (Act of Apr. 28, 1904, 33 Stat., 525.)

Charlton Code, p. 104, sec. 2.

SEC. 189. During such period of posting and publication, or within six months thereafter, any person or association of persons having or asserting any adverse interest or claim to the tract of land or any part thereof sought to be purchased shall file in the land office where such application is pending, under oath, an adverse claim, setting forth the nature and extent thereof, and such adverse claimant shall, within 60 days after the filing of such adverse claim, begin an action to quiet title in a court of competent jurisdiction within the District of Alaska, and thereafter no patent shall issue for such claim until the final adjudication of the rights of the parties, and such patent shall then be issued in conformity with the final decree of such court therein. (Act of Apr. 28, 1904, 33 Stat., 525.)

Charlton Code, p. 104, sec. 3.

SEC. 190. All the provisions of the coal-land laws of the United States not in conflict with the provisions of this act shall continue and be in full force in the District of Alaska. (Act of Apr. 28, 1904, 33 Stat., 525.)

Charleston Code, p. 104, sec. 4.

See Sec. 129, p. 871.

Sections 187, 188, 189, 190 are sections 1, 2, 3, 4 of the amendatory act of April 28, 1904, 33 Stat. 525 amending the act of June 6, 1900, 31 Stat. 658. See sections 197 and 214.

31 STAT. 658, JUNE 6, 1900.

COAL-LAND LAWS-ALASKA.

AN ACT To extend the coal-land laws to the District of Alaska.

Be it enacted etc., That so much of the public-land laws of the United States are hereby extended to the District of Alaska as relate to coal lands, namely, sections 2347 to 2352, inclusive, of the Revised Statutes.

See note, sec. 197, p. 890.

23 STAT. 24, p. 26, 1 SUPP. R. S. 430, p. 433, MAY 17, 1884.
COAL-LAND LAWS-ALASKA.

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AN ACT Providing a civil government for Alaska.

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SEC. 8. That the said District of Alaska is hereby created a land district, and a United States land office for said District is hereby located at Sitka. The commissioner provided for by this act to reside at Sitka shall be ex officio register of said land office, and the clerk provided for by this act shall be ex officio receiver of public moneys, and the marshal provided for by this act shall be ex officio surveyor general of said District, and the laws of the United States relating to mining claims, and the rights incident thereto, shall, from and after the passage of this act, be in full force and effect in said District, under the administration thereof herein provided for, subject to such regulations as may be made by the Secretary of the Interior, approved by the President: Provided, That the Indians or other persons in said District shall not be disturbed in the possession of any lands actually in their use or occupation or now claimed by them, but the terms under which such persons may acquire title to such lands is reserved for future legislation by Congress: And provided further, That parties who have located mines or mineral privileges therein under the laws of the United States applicable to the public domain, or who have occupied and improved or exercised acts of ownership over such claims, shall not be disturbed therein, but shall be allowed to perfect their title to such claims by payment as aforesaid.

A. COAL-LAND LAWS-ALASKA.

1. EXTENSION TO ALASKA-CONSTRUCTION.

2. APPLICATION TO UNSURVEYED LANDS IN ALASKA.

3. NUMBER OF ENTRIES BY ONE ENTRYMAN.

4. PERSONS IN POSSESSION OF COAL MINES-RIGHT TO ENTER

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LAND.

5. LOCATIONS OF COAL LANDS-QUALIFICATIONS OF LOCATORS. 6. NOTICE OF COAL LOCATION-TIME OF FILING.

1. EXTENSION TO ALASKA-CONSTRUCTION.

Annotations include setcions 187-190. See notes, p. 885.

Prior to the passage of this act the coal-land laws of the United States had not been extended to Alaska; and this act provides that "so much of the public-land laws of the

United States are hereby extended to the District of Alaska as relate to coal lands," including sections 2347 to 2352.

Scofield, In re (Cunningham Claims), 41 L. D. 176, p. 221.

The act of April 28, 1904 (33 Stat. 525) is an amendment to the act of June 6, 1900 (31 Stat. 658), which extended to Alaska so much of the public-land laws as relate to coal.

United States v. Munday, 222 U. S. 175, p. 177.

This statute, not only upon its face and by its title, was an amendment to the existing laws, but section 4 specifically provides that all the provisions of the act shall be in full force in the District of Alaska, and Congress thus saw fit to emphasize its will by declaring that the act in question should not be held to abrogate or repeal an existing law not therein directly expressed.

Scofield, In re (Cunningham Claims), 41 L. D. 176, p. 225.

It was not the intention of Congress to adopt a new policy with reference to Alaska that would permit the coal lands there to be monopolized, as is clearly indicated by the reports made to that body prior to the passage of this act and as shown by the history of this legislation.

Scofield, In re (Cunningham Claims), 41 L. D. 176, p. 227.

NOTE.-The act of June 6, 1900 (31 Stat. 658), is not in express terms incorporated in the Alaska Compiled Laws, but sections 2347 to 2352, inclusive, of the Revised Statutes are by this act made applicable to Alaska, and this act and the sections named are to be construed with section 190 of the Alaska Compiled Laws, p. 886. which evidently was intended to accomplish the same effect as the original act of June 6, 1900.

2. APPLICATION TO UNSURVEYED LANDS IN ALASKA.

The act of June 6, 1900 (31 Stat. 658), as extended to Alaska, was inoperative for a time, because the lands of Alaska were unsurveyed, and coal lands under existing laws could be entered only "by legal subdivisions."

United States v. Munday, 222 U. S. 175, p. 181.

The provisions of the coal-land laws were fully extended to Alaska by the act of June 6, 1900 (31 Stat. 658), but no titles could then be acquired to coal lands in that district, because under the provisions of the law a declaratory statement could not be filed upon, nor entry made of unsurveyed lands, and the public-land surveys had not been extended over any part of that country, and the act was therefore ineffectual as applied to Alaska.

Scofield, In re (Cunningham Claims), 41 L. D. 176, p. 221.

While lawful claims could have been initiated by the discovery of coal and the opening and improving of mines, maintained by possession and protected by filing a declaratory statement therefor without the survey of the land, yet as no base and meridians had been established in Alaska there were no means by which persons locating such claims could force the extension of the public surveys.

Scofield, In re (Cunningham Claims), 41 L. D. 176, p. 221.

While the coal-land laws were extended to Alaska in all their force and effect by this act, yet it was well known that as a practical question titles could not be acquired, as the lands were not surveyed and the vast extent of that country precluded the possibility that the regular system of surveys could be extended over that country for years

to come.

Scofield, In re (Cunningham Claims), 41 L. D. 176, p. 225.

The act of June 6, 1900 (31 Stat. 658), was amended by the act of April 28, 1904 (33 Stat. 525), making the coal-land statutes applicable to the unsurveyed public lands in Alaska.

United States v. Munday, 222 U. S. 175, p. 179.

The conditions in Alaska covered by the act of April 28, 1904 (33 Stat. 525), were but temporary, and when the coal lands there shall be brought under the system of public surveys this act will cease to be operative.

United States v. Munday, 222 U. S. 175, p. 184.

The purpose of this amendatory act was to permit coal location to be made on unsurveyed lands in Alaska and to cure the defect in the coal-land laws as made applicable to Alaska, but which were in fact inapplicable because authorizing such location only on surveyed public lands and there being at the time no surveyed lands in Alaska. Scofield, In re (Cunningham Claims), 41 L. D. 176, p. 222.

It is inconceivable that Congress intended that coal lands in Alaska surveyed after the passage of this act of April 28, 1904 (33 Stat. 525), should be disposed of under the strict provisions of sections 2347 to 2352 of the Revised Statutes, and that the unsurveyed lands might be appropriated without reference whatever to the limitations of these sections.

Scofield, In re (Cunningham Claims), 41 L. D. 176, p. 226.

Congress by section 4 of the act of April 28, 1904, expressly declared that all laws not inconsistent with the act could remain in full force and effect as applied to Alaska, showing that Congress did not intend to remove all restrictions so as to permit the unsurveyed coal lands in Alaska to be acquired in unlimited quantities.

Scofield, In re (Cunningham Claims), 41 L. D. 176, p. 225.

3. NUMBER OF ENTRIES BY ONE ENTRYMAN.

The act of June 6, 1900 (31 Stat. 658), and the act of April 28, 1904 (33 Stat. 525), and sections 2347–2352 of the Revised Statutes, are in pari materia and must be construed together, and so construed they do not permit more than one entry by a single qualified entryman.

United States v. Munday, 222 U. S. 175, p. 184.

Congress did not intend to remove the restriction upon more than one entry by the same person, because it imposed no restriction on the power of alienation after the right to patent had accrued.

United States v. Munday, 222 U. S. 175, p. 183.

It was not the intention of Congress by this act to change the uniform policy of the Government as to limitations on the quantity of coal lands subject to entry by one entryman.

United States v. Munday, 222 U. S. 175, p. 182.
Morton v. Nebraska, 88 Ú. S. 660, p. 669.

The fact that a patent may issue to an entryman or his assigns is not indicative of a purpose to abandon the prohibition upon more than one location, as the prohibition is against more than one entry and not against an assignment.

United States v. Munday, 222 U. S. 175, p. 182.

Aside from the construction given the act of April 28, 1904 (33 Stat. 525), by the land officers and by the Secretary of the Interior, and by at least one court, the act itself can not be said to authorize an association of thirty-three persons to acquire 5,250 acres of the unsurveyed public coal land in Alaska.

Scofield, In re (Cunningham Claims), 41 L. D. 176, p. 228.

4. PERSONS IN POSSESSION OF COAL MINES-RIGHT TO ENTER LAND.

This amendatory act of April 28, 1904 (33 Stat. 525), provides that qualified persons or associations of persons who had opened or improved a coal mine on any of the unsur56974°-Bull. 94, pt 2-15

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veyed public lands in Alaska could locate the lands upon which such mine was situated in rectangular tracts containing 40, 80, or 160 acres, and fixed the conditions and price at which the lands could be patented.

Scofield, In re (Cunningham Claims), 41 L. D. 176, p. 224.

By the act of April 28, 1904, Congress gave relief to the pioneers in Alaska by amending existing laws so as to provide a means by which qualified persons who had opened or improved, or who thereafter might open or improve, a mine or mines of coal on the unsurveyed public lands in Alaska could locate tracts of 160 acres or less and through their own efforts secure the identification thereof in such manner as to permit the claims to pass to patent.

Scofield, In re (Cunningham Claims), 41 L. D. 176, p. 225.

5. LOCATIONS OF COAL LANDS

QUALIFICATIONS OF LOCATORS.

By this amendatory act persons or associations of persons locating or entering coal lands in the District of Alaska are required to possess the qualifications of persons or associations making entry under the general coal land laws of the United States and are subject to the same limitations.

Scofield, In re (Cunnigham Claims), 41 L. D. 176, p. 226.

6. NOTICE OF COAL LOCATION-TIME OF FILING.

Under this act notices of coal location must be filed within the prescribed time and false dates can not be given to locations actually made for the purpose of bringing them within the year preceding the filing of declaratory statements and notices of claim filed with the local offices.

Scofield, In re (Cunningham Claims), 41 L. D. 176, p. 232.

NOTE. The provision of section 8 of the act of May 17, 1884 (23 Stat. 24, 1 Supp. R. S. 430), making Alaska a land district, has been repealed, by implication, at least, by sections 204, 206, and 215, Compiled Laws of Alaska; the second provision of the same section designating Sitka as a residence for the commissioner has been expressly repealed by section 214, Compiled Laws of Alaska, p. 898; the provision of this section making the laws of the United States in force in Alaska is repeated in section 190, Compiled Laws of Alaska, p. 886, which is supplemental to and is to be taken in connection with section 129, Compiled Laws of Alaska, p. 871; but the proviso of section 8, reciting "That parties who have located mines or mining privilege therein under the laws of the United States, applicable to the public domain, or who have occupied and improved, or exercised acts of ownership over mining claims, shall be allowed to perfect their titles to such claims,' has evidently not been incorporated literally into the Compiled Laws of Alaska, and evidently has not been repealed expressly or by implication, and the only kindered provision is found in the first clause of section 187, Compiled Laws of Alaska, p. 885, relating to coal mines only.

Sections 191 to 196, inclusive, are 2347 to 2352 R. S. inclusive, pp. 724-782.

SEC. 197. All persons, their heirs or assigns, who have in good faith personally or by an attorney in fact made locations of coal land in the Territory of Alaska in their own interest, prior to November 12, 1906, or in accordance with circular of instructions issued by the Secretary of the Interior May 16, 1907, may consolidate their said claims or locations by including in a single claim, location, or purchase not to exceed 2,560 acres of contiguous lands, not exceeding in length twice the width of the tract thus consolidated, and for this purpose such persons, their heirs or assigns, may form associations or corporations who may perfect entry of and acquire title to such lands in accordance with the other provisions of law under which said locations were originally made: Provided, That no corporation shall be permitted to consolidate its claims under this act unless 75 per centum of its stock shall be held by persons qualified to enter coal lands in Alaska.

SEC. 198. The United States shall, at all times, have the preference right to purchase so much of the product of any mine or mines opened

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