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interest, without payment of royalty for the coal mined or for the land occupied: Provided, That the acquisition of (or) holding of a lease under the preceding sections of this act shall be no bar to the acquisition, holding, or operating under the limited license in this section permitted. And the holding of such a license shall be no bar to the acquisition or holding of such a lease or interest therein.
SEC. 11. That any lease, entry, location, occupation, or use permitted under this act shall reserve to the Government of the United States the right to grant or use such easements in, over, through, or upon the land leased, entered, located, occupied, or used as may be necessary or appropriate to the working of the same or other coal lands by or under authority of the Government and for other purposes: Provided, That said Secretary, in his discretion, in making any lease under this act, may reserve to the United States the right to lease, sell, or otherwise dispose of the surface of the lands embraced within such lease under existing law or laws hereafter enacted in so far as said surface is not necessary for use by the lessee in extracting and removing the deposits of coal therein. If such reservation is made, it shall be so determined before the offering of such lease.
That the said Secretary during the life of the lease is authorized to issue such permits for easements herein provided to be reserved, and to permit the use of such other public lands in the Territory of Alaska as may be necessary for the construction and maintenance of coal washeries or other works incident to the mining or treatment of coal, which lands may be occupied and used jointly or severally by lessees or permittees, as may be determined by said Secretary.
SEC. 12. That no lease issued under authority of this act shall be assigned or sublet except with the consent of the Secretary of the Interior. Each lease shall contain provisions for the purpose of insuring the exercise of reasonable diligence, skill, and care in the operation of said property, and for the safety and welfare of the miners and for the prevention of undue waste, including a restriction of the workday to not exceeding eight hours in any one day for underground workers except in cases of emergency; provisions securing the workers complete freedom of purchase, requiring the payment of wages at least twice a month in lawful money of the United States, and providing proper rules and regulations to secure fair and just weighing or measurement of the coal mined by each miner, and such other provisions as are needed for the protection of the interests of the United States, for the prevention of monopoly, and for the safeguarding of the public welfare.
SEC. 13. That the possession of any lessee of the land or coal deposits leased under this act for all purposes involving adverse claims to the leased property shall be deemed the possession of the United States, and for such purposes the lessee shall occupy the same relation to the property leased as if operated directly by the United States.
SEC. 14. That any such lease may be forfeited and canceled by appropriate proceeding in a court of competent jurisdiction whenever the lessee fails to comply with any provision of the lease or of general regulations promulgated under this act; and the lease may provide for the enforcement of other appropriate remedies for breach of specified conditions thereof.
SEC. 15. That on and after the approval of this act no lands in Alaska containing deposits of coal withdrawn from entry or sale shall be disposed of or acquired in any manner except as provided in this act: Provided, That the passage of this act shall not affect any proceeding now pending in the Department of the Interior, and any such proceeding may be carried to a final determination in said department notwithstanding the passage hereof: Provided further, That no lease shall be made, under the provisions hereof, of any land, a claim for which is pending in the Department of the Interior at the date of the passage of this act, until and unless such claim is finally disposed of by the department adversely to the claimant.
SEC. 16. That all statements, representations, or reports required, unless otherwise specified, by the Secretary of the Interior under this act shall be upon oath and in such form and upon such blanks as the Secretary of the Interior may require, and any person making false oath, representation, or report shall be subject to punishment as for perjury.
SEC. 17. That the Secretary of the Interior is authorized to prescribe the necessary and proper rules and regulations and to do any and all things necessary to carry out and accomplish the purposes of this act. SEC. 18. That all acts and parts of acts in conflict herewith are hereby repealed.
II. MISCELLANEOUS MINING PROVISIONS.
SEC. 214. That section 8 of an act entitled "An act providing a civil government for Alaska" be, and the same is hereby, amended by striking out the words "the commissioner provided for by this act to reside in 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."
There shall be appointed by the President, by and with the advice and consent of the Senate, a surveyor general for the District of Alaska, embracing one surveying district.
The surveyor general of Alaska shall receive a salary at the rate of $2,000 per annum. (Act of July 24, 1897, 30 Stat. 215.)
SEC. 220. A corporation to be hereafter duly organized under the name and style of the Cordova Bay Harbor Improvement and TownSite Company, and composed of the following-named persons, to wit: John H. McGraw, Edward Lewin, and Donald A. McKenzie, or any of them, and such others as may hereafter become associated with them as incorporators, shall be permitted to purchase at the price of $2.50 per acre not to exceed 2,000 acres of such nonmineral lands of the United States as may be selected by said corporation and approved by the Secretary of the Interior, including tide or mud flats, situated at the head of Cordova Bay, at approximately latitude 60 degrees and 30 minutes north, and longitude 146 west of Greenwich, in the District of Alaska, the same to be located in as nearly compact form as possible with a front of not to exceed 2 miles on the wharfage and dock area to be reserved by the Secretary of War in order to effect the improvement of said lands for townsite purposes and for the promotion and convenience of commerce with foreign nations and among the several States: Provided, however, That the Secretary of the Interior is hereby authorized and directed to withdraw from all forms of location or entry not to exceed 3,000 acres to be selected by him and surrounding the land hereby made purchasable, subject to future disposition by the Congress. (Act of Feb. 6, 1909, 35 Stat. 598.)
Section 228 is the same as 33 Stat. 628, Right of way, p. 1192.
SEC. 330. From and after the passage of this act the wanton destruction of wild game animals or wild birds, except eagles, ravens, and cormorants, the destruction of nests and eggs of such birds, or the killing of any wild birds, other than game birds, except eagles, for the purposes of selling the same or the skins or any part thereof, except as hereinafter provided, is hereby prohibited.
"Game defined: The term 'game animals' shall include deer, moose, caribou, mountain sheep, mountain goats, brown bear, sea lions, and walrus. The term 'game birds' shall include water fowl, commonly known as ducks, geese, brant, and swans; shore birds, commonly known as plover, snipe, and curlew, and the several species of grouse and ptarmigan.
"Exemptions: Nothing in this act shall affect any law now in force in Alaska relating to the fur seal, sea otter, or any fur-bearing animal, or prevent the killing of any game animal or bird for food or clothing at any time by natives, or by miners or explorers, when in need of food; but the game animals or birds so killed during close season shall not be shipped or sold." (Act of May 11, 1908, 35 Stat. 102.)
SEC. 349. The territory ceded to the United States by Russia by the treaty of March 30, 1867, and known as Alaska, shall constitute a civil and judicial district, the government of which shall be organized and administered as hereinafter provided. The temporary seat of government of said district is hereby established at Juneau: Provided, That the seat of government shall remain at Sitka until suitable grounds and buildings thereon shall be obtained by purchase or otherwise at Juneau. (Act of June 6, 1900, 31 Stat. 321.)
Carter Code, sec. 1-Charlton Code, sec. 5926.
A. MINING CLAIMS-LOCATION NOTICE-FILING FOR RECORD.
Section 15 requires that notice of the location of a mining claim shall be filed for record within 90 days of the date of discovery, and requires recorders to record affidavits of annual work done on mining claims, notice of mining locations, and declaratory statements.
Smith v. Cascaden, 148 Fed. 792, p. 793.
Under section 15 the location of a mining claim must be recorded by the recorder of the district in which the claim was located.
Cook v. Klonos, 164 Fed. 529, p. 535.
This statute permits the recording of instruments relating to the location or transfer of mines, but does not provide that the failure to record or to comply with any of the mining rules and regulations shall work a forfeiture of the mining claim.
Sturtevant v. Vogel, 167 Fed. 448, p. 451.
See Jupiter Min. Co. v. Bodie Consol. Min. Co., 11 Fed. 666.
Last Chance Min. Co. v. Bunker Hill, etc., Min., etc., Co., 131 Fed. 579.
Bell v. Bed Rock, etc., Min. Co., 36 Cal. 214.
The provision giving 90 days within which to record the location notices is reasonable and necessary in Alaska due to the great distances, bad trails, and rigorous climate and this provision of the statute repeals all mining rules in conflict therewith.
Butler v. Good Enough Min. Co., 1 Alaska 246, p. 254.
The provision of section 15 with reference to the filing for record notices of location of mining claims nullified the provisions of the miners in the Golden Gate mining district in force prior to June 6, 1900, the date on which the Alaska Code took effect.
Butler v. Good Enough Min. Co., 1 Alaska 246, p. 252.
The clerks of the courts of Alaska have provided recorders with separate books for recording notices and declarations of water rights and such notices have been generally recorded.
McFarland v. Alaska Perseverance Min. Co., 3 Alaska 308, p. 326.
SEC. 379. The respective recorders shall, upon the payment of the fees for the same prescribed by the Attorney General, record separately, in large and well-bound separate books, in fair hand:
First. Deeds, grants, transfers, contracts to sell or convey real estate and mortgages of real estate, releases of mortgages, powers of attorney, leases which have been acknowledged or proved, mortgages upon personal property.
Second. Certificates of marriage and marriage contracts and births and deaths.
Third. Wills devising real estate admitted to probate.
Fifth. Transcripts of judgments which by law are made liens upon real estate.
Sixth. All orders and judgments made by the district court or the commissioners in probate matters affecting real estate which are required to be recorded.
Seventh. Notices and declaration of water rights.
Eighth. Assignments for the benefit of creditors.
Ninth. Affidavits of annual work done on mining claims. Tenth. Notices of mining location and declaratory statements. Eleventh. Such other writings as are required or permitted by law to be recorded, including the liens of mechanics, laborers, and others: Provided, Notices of location of mining claims shall be filed for record within 90 days from the date of the discovery of the claim described in the notice, and all instruments shall be recorded in the recording district in which the property or subject matter affected by the instrument is situated, and where the property or subject matter is not situated in any established recording district the instrument affecting the same shall be recorded in the office of the clerk of the division of the court having supervision over the recording division in which such property or subject matter is situated. (Act of June 6, 1900, 31 Stat. 321, p. 327, 2 Supp. R. S. 1200.)
Carter Code, sec. 15; Charlton Code, sec. 5946.
23 STAT. 24, 1 SUPP. R. S. 430, MAY 17, 1884.
Be it enacted, etc. *
SEC. 4. That a clerk shall be appointed for said court, who shall be ex officio secretary and treasurer of said District, * * * . He shall be ex officio recorder of deeds and mortgages and certificates of location of mining claims and other contracts relating to real estate and register of wills for said District, and shall establish secure offices in the towns of Sitka and Wrangel, in said district, for the safekeeping of all his official records, and of records concerning the reformation and establishment of the present status of titles to lands, as hereinafter directed: Provided, That the district court hereby created may direct, if it shall deem it expedient, the establishment of separate offices at the settlements of Wrangel, Oonalashka, and Juneau City, respectively, for the recording of such instruments as may pertain to the several natural divisions of said District most convenient to said