NATIONAL FOREST MANUAL LAWS. 37 



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 pat- 

 of the United States may enter and obtain patent to lands containing containing wt^ 

 petroleum^or other mineral oils, and chiefly valuable therefor, under ieum and other 

 the provisions of the laws relating to placer mineral claims: Provided, mineral oils un- 

 That lands containing such petroleum or other mineral oils which 

 have heretofore been filed upon, claimed, or improved as mineral, 

 but not yet patented, may be held and patented under the provi- 

 sions 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.) 



Intersecting veins. (Rev. Stat., sec. 2336.) 



Local legislation for working, drainage, etc. (Rev. Stat., sec. 2338.) 



Rights to water and ditches confirmed. (Rev. Stat., sec. 2339.) 



Patents, etc., subject to vested rights of way and water rights. 

 (Rev. Stat., sec. 2340.) 



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, sees. 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, authoriz- 

 ing 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. Riz- 

 zinelli (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 



