HISTORY AND LEGAL BASIS. 27 



OOAXr-IUiJSrD liAWS. 



The law under which disposition is made of coal differs so radi- 

 cally from the laws regarding other minerals that it is not ordinarily 

 classed with the mineral-land laws. It was approved March 3, 1873 

 (17 Stat., 607), and was incorporated into the Revised Statutes as 

 sections 2347 to 2352. Any qualified person may purchase an area, 

 of coal land not exceeding 160 acres on payment of not less than $10 

 an acre if the land is more than 15 miles from a railroad and 

 not less than $20 an acre if the land is within 15 miles of a railroad. 

 An association of persons severally qualified may purchase 320 acres. 

 An association of four or more persons who have opened and im- 

 proved a coal mine upon the public lands and have expended not less 

 than $5,000 in working and improving it may enter an area not ex- 

 ceeding 640 acres. No person may make more than one coal entry, 

 either individually or as a member of an association, and no asso- 

 ciation any member of which has previously exhausted his coal right 

 may purchase coal land. A person or association opening a mine 

 on the public lands is entitled to a preference right of entry for the 

 lands on which the mine is situated, provided that a " coal declara- 

 tory statement " is filed within 60 days from the initial date of 

 actual possession and the commencement of improvements upon the 

 land. This preference right is good for one year only. The opera- 

 tion of the law is restricted to surveyed lands, which must not be 

 valuable for their content of gold, silver, or copper. 



For over 30 years after the passage of this law all coal lands were 

 sold at the minimum prices of $10 and $20 an acre prescribed by the 

 statute. Since 1907 the selling prices have been fixed by the Geo- 

 logical Survey and have ranged from the minimum prices up to $600 

 an acre. 



LAWS KELATINQ TO PXJBUO AND QUASI-PITBIilC TJSES. 



The laws governing public and quasi-public uses of land differ 

 from the other laws under discussion in that they provide for the 

 use of rights of way for various specified purposes and do not con- 

 template the transfer to the beneficiaries thereunder of fee title to 

 the land affected. 



Railroads.— Bj the act of March 3, 1875 (18 Stat., 482), Congress 

 granted to railroad companies right of way to the extent of 100 feet 

 on each side of the center line of a proposed railroad through the 

 public lands, under prescribed conditions. Upon the approval by 

 the Secretary of the Interior of the location map filed by any rail- 

 road company, the road as located is noted on the plats in the Gen- 

 eral and local land offices, and thereafter all public land over which 

 such right of way passes is disposed of subject to such right of way. 

 By act of March 2, 1899 (30 Stat, 990), Congress provided for similar 



