284 THE USE BOOK. 



more valuable for the purpose of removing and marketing 

 the substance than for any other purpose, and the remov- 

 ing and marketing of which will yield a profit; or it is 

 established that such substance exists in the lands in such 

 quantities as would justify a prudent man in expending 

 labor and capital in the effort to obtain it. (Rules for de- 

 termining mineral character of land ; Lindley on Mines, 

 vol. 1, sec. 98.) 



Lands belonging to the United States can not be lawfully 

 located or title thereto, by patent, legally obtained under 

 the mining laws for purposes or uses foreign to those of 

 mining or the development of minerals; and should it be 

 shown in the case of an application for mineral patent that 

 the claims applied for are not located in good faith for 

 mining purposes, but for the purpose of securing control 

 of a trail upon lands belonging to the United States, sus- 

 ceptible of such control by reason of the surrounding physi- 

 cal conditions, so as to place the claimant in a position to 

 charge for the privilege of using the trail, and thereby 

 to prevent the free and unrestricted use thereof by the 

 public, such claims would be fraudulent from their incep- 

 tion, and patents thereto could not be obtained under the 

 mining laws. (Grand Canyon Railway Co. v. Cameron, 36 

 L. D., 63.) 

 COAL LANDS. 



The words " the existing mining laws of the United States " 

 are to be construed, in legislative enactments, as em- 

 bracing sections 2347 to 2352, inclusive, of the Revised 

 Statutes, commonly known as the " coal-land law," 

 unless an intention to the contrary is expressed. (T. 

 P. Crowder, 30 L. D., 92.) 



Coal lands are mineral lands within the meaning of the 

 act of June 4, 1897, and as such are subject to entry, 

 when found in forest reservations, the same as other 

 mineral lands within such reservations. (T. P. Crow- 

 der, 30 L. D., 92.) 



RAILROAD LANDS. 



While the grant to the Northern Pacific Railroad Company 

 under the act of July 2, 1864, was in prcesenti, and took 

 effect upon the sections granted when the road was defi- 

 nitely located, by relation as to the date of the grant, the 

 survey of the land and the identification of the sections- - 

 whether odd or even is reserved to the Government, and 

 the equitable title of the railroad company and its assigns 



