ALASKA. 121 



(i) Where lands which are sought to be entered and patented as agricultural 

 are alleged by affidavit to be mineral, or when sought as mineral their nonmineral 

 character is alleged. 



The proceedings relative to this class are in the nature of a contest between 

 two or more known parties. 



(2) When lands are returned as mineral by the surveyor-general. 



When such lands are sought to be entered as agricultural, notice must be given 

 by publication for thirty days, with posting in the local office for the same period. 



111. At the hearings under either of the aforesaid classes, the claimants and 

 witnesses will be thoroughly examined with regard to the character of the land; 

 whether the same has been thoroughly prospected; whether or not there exists 

 within the tract or tracts claimed any lode or vein of quartz or other rock in 

 place, bearing gold, silver, cinnabar, lead, tin, or copper, or other valuable 

 deposit which has ever been claimed, located, recorded, or worked; whether 

 such work is entirely abandoned, or whether occasionally resumed; if such lode 

 does exist, by whom claimed, under what designation, and in which subdivision 

 of the land it lies; whether any placer mine or mines exist upon the land; if 

 so, what is the character thereof — whether of the shallow-surface description, 

 or ot the deep cement, blue lead or gravel deposits; to what exent mining is 

 carried on when water can be obtained, and what the facilities are for obtaining 

 water for mining purposes; upon what particular ten-acre subdivisions mining 

 has been done, and at what time the land was abandoned for mining purposes, 

 if abandoned at all. 



112. The testimony should also show the agricultural capacities of the land, 

 what kind of crops are raised thereon, and the value thereof; the number of 

 acres actually cultivated for crops of cereals or vegetables, and within which 

 particular ten-acre subdivision such crops are raised ; also which of these subdi- 

 visions embrace the improvements, giving in detail the extent and value of the 

 improvements, such as house, barn, vineyard, orchard, fencing, etc., and mining 

 improvements. 



113. The testimony should be as full and complete as possible; and in addi- 

 tion to the leading points indicated above, where an attempt is made to prove 

 the mineral character of lands which have been entered under the agricultural 

 laws, it should show at what date, if at all, valuable deposits of mineral were 

 first known to exist on the lands, 



114. When the case comes before this office, such decision will be made as 

 the law and the facts mav justify; and in cases where a survey is necessary to 

 set apart the mineral from the agricultural land, the necessary instructions will 

 be given to enable the proper party at his ozvn expense, to have the work done, 

 at his option, either by United States deputy, county, or other local survcyer; 



