STATE LAND LAWS 14,1 



MINING LOCATION. SECS. 181-182 



Under this act, the Commissioner of Public Lands may issue mining leases 

 upon Capitol Building lands, notwithstanding the acts of '09 and '11 (post, sees. 

 425-433) vesting the State Capitol Commission with exclusive power to lease 

 and sell such lands : Opinions Att'y Gen'l, '11-'12, p. 355. 



Salt is a mineral within the purview of this section : Opinions Att'y Gen'l, 

 '05-'06, p. 413. 



And fire clay : Opinions Att'y Gen'l, '07-'08, p. 532 ; '01-'02, p. 346. 



Hone stone is not : id., '07-'08, p. 30. 



In addition to the usually accepted meaning of the term, lands containing 

 the following substances have been held by the general land office of the United 

 States to be mineral lands and to be subject to entry under the mining laws : As- 

 phaltum ; mineral hydrocarbons ; borax ; nitrate and carbonate of soda ; sulphur 

 and alum ; kaolin or china clay ; mica ; diamonds ; umber ; gypsum ; cement ; lime- 

 stone ; marble; clay (but not brick clay) ; roofing slate: Lindley on Mines (2nd 

 ed.) sec. 97. 



A deposit of limestone is not locatable as a mining claim : Wheeler v. Smith, 

 5 Wash. 704 ; same 23 Land. Dec. 395. 



As to what are minerals under Const., Art. II, sec. 33, permitting alien 

 ownership of mineral lands, see State ex rel. Atkinson v. Evans, 46 Wash. 219. 



The issuance of a mining lease to a qualified applicant is not discretionary 

 with the commissioner : State ex rel. Pindall v. Ross, 55 Wash. 242. 



Tide and shore lands are not included in the term "any lands of the state" 

 and may not be leased under the provisions of this chapter : Opinion Att'y 

 Gen'l, Oct. 7, '13. 



SEC. 181. LOCATION AS ON GOVERNMENT LAND. 



The manner of locating a mineral claim upon state land shall 

 be similar to the state law regulating locating mineral claims on 

 government land. (Laws '97, p. 293, sec. 3; sec. 6784 Rem.~ 



Bal. ;477 sec. 277 Pierce.) 



Location on government lands: sees. 182-187, infra. 



Location under Federal statutes on government lands: See 2 Rem- 

 ington's Digest, pp. 1901-03, sees. 1-12. 



The limit of area which may be located on government land is en- 

 larged, as to state lands: sec. 188, infra. 



NOTE: Prior locators were given a limited preference right to lease 

 by the following clause in this section: 



Any citizens that have found minerals on state lands previous to 

 the passage of this act and have posted up notice setting forth the di- 

 mensions according to the mining law of the United States and the 

 State of Washington, shall have prior right to lease the same, and shall 

 have ninety (90) days after the passage of this act to make application 

 to the Commissioner of Public Lands for a lease. 



SEC. 182. LODE DEFINED. 



The term "lode" as used in this chapter shall be construed to 

 mean ledge, vein or deposit. (Laws '99, p. 70, sec. 4 ; sec. 7361 

 Rem.-Bal. ; 345 sec. 21 Pierce.) 



Sees. 182-187 are from the laws regulating location on government 

 lands. 



