surveyor should therefore preserve such an original corner as evidence of the line; but its erroneous position should not be allowed to cause a crook between mile corners of the original State boundary. It is only in cases where it is manifestly impossible to carry out the literal terms of the law that a surveyor can be justified in making such a decision.

34. The principle of the preponderance of one line over another of less importance has been recognized in the rule for restoring a section corner common to two townships, in former editions of this circular. The new corner should be placed on the township line; and measurements to check its position by distances to corners within the townships are useful to confirm it if found to agree well, but should not cause it to be placed off the line if found not to agree, if the general condition of the boundary supports the presumption that it was properly aligned.

MAGNETIC DECLINATION

35. The subject of the "variation," formerly deemed most important in surveys, is mentioned here only to advise against its use as a basis for the location of any lost line, though it may be a temporary guide in a preliminary search for old evidences. Its importance is greatly overrated, from lack of knowledge of the actual practice of surveyors, in the days when both their instruments and their knowledge were more primitive.

36. The General Land Office prohibits its employees and contracting surveyors from depending to any extent on courses derived from the needle. It also declines to advise other surveyors what variation to use in their own regions, for evident reasons, as follows: The amount of local magnetism can not truly be determined by any process of mere calculation.

The secular change of declination reported at some distant time and place is no safe guide to the fact at any other station or period.

The variation recorded in old work may have been quite incorrect, as large contracts were sometimes executed by assuming a variation, from hearsay or estimation, and without due verification.

The needle is not only subject to daily and yearly change but is also liable to defects in the instrument, so that different compasses may run different courses.

37. Another serious cause of distrust is found in the authorized rules followed in early surveys, down to the year 1864, under which a vast amount of public land was surveyed, with a record showing variations which were openly inconsistent, and which should here be explained.

Before 1864, in running random and true section lines, it was required to make the record of courses on the ancient plan shown by this example: East on a random line between sections 1 and 12. Variation 13° 15′ E. (falling perhaps 42 links north of objective corner). West on true line between sections 1 and 12. Variation 12° 57′ E., etc., thus representing the "corrected" course by a nominal change of variation, whereas, after the instructions of 1864, the record would truly show the change to have been not in the variation but in the course, thus: N. 89° 42′ W. on a true line, etc.

and limitations imposed by the act; or may decline to elect to receive patent with such reservation. in which event proceedings shall be had as hereinafter indicated.

LANDS CLASSIFIED, CLAIMED, OR REPORTED AS COAL LANDS

3. Upon receipt of these instructions registers and receivers will promptly advise, by registered mail, each nonmineral claimant to land which, subsequent to location, selection, or entry, has been classified, claimed, or reported as being valuable for coal, that at the time of applying for notice of intention to submit final proof he must, in writing, state whether he elects to receive a patent containing the reservation prescribed by the act.

In the event of election to receive such a patent, no further inquiry will be necessary respecting the coal character of the land.

In the event the claimant declines to elect to receive such patent. evidence will be received at the time of making final proof for the purpose of determining whether the lands are chiefly valuable for coal; and the entryman, locator, or selector will be entitled to a patent without reservation, unless at the time of hearing on final proof it shall be shown that the land is chiefly valuable for coal.

The claimant may, after determination at final proof that the lands are chiefly valuable for coal, elect to receive patent with the statutory reservation, provided, of course, proof of compliance with the law in other respects is satisfactory.

NOTICE TO CHIEF OF FIELD DIVISION

4. Where the nonmineral claimant indicates his intention to contest the alleged coal character of the land involved, the chief of the appropriate field division must be advised sufficiently in advance of the date fixed for the taking of the final proof to enable him to be prepared to represent the Government at the time such final proof is made.

ACTION OF THE REGISTER AND RECEIVER

5. In every case where there is controversy as to the coal character of the land, and evidence is offered thereon, the register and receiver will forward the testimony and other papers to the Commissioner of the General Land Office, with appropriate recommendation, notice of which should be given the claimant.

WHERE FINAL PROOF HAS ALREADY BEEN SUBMITTED

6. Where satisfactory final proof has heretofore been made for lands entered under the nonmineral laws, the claimant will be entitled to a patent without reservation, except in those cases where the Government is in possession of sufficient evidence to justify the belief that the land is, and was before making final proof, known to be chiefly valuable for coal, in which case hearing will be ordered. If, at said hearing, it is proven that the land is chiefly valuable for coal, and that the claimant knew that fact at the time of making final proof, the

entry shall be canceled, unless the claimant shall prove that he was at the time of the initiation of his claim in good faith endeavoring to secure the land under the nonmineral laws, and not because of its coal character, in which event he shall be permitted to elect to receive patent with the reservations prescribed in the statute. If it is not shown that the land is chiefly valuable for coal, the claimant shall be entitled to patent without reservation.

DISPOSAL OF THE COAL DEPOSITS

7.2 Where election to accept patent with the prescribed reservation has been made by the nonmineral claimant, coal deposits in the land may be prospected for, mined, and removed under the existing coalland laws, provided the person desiring so to do first procures the consent of the surface owner, or furnishes such security for payment of all damages to such owner caused thereby as may be determined by a court of competent jurisdiction. But no coal declaratory statement or application to purchase under sections 2347-2352 of the Revised Statutes, and the regulations of this office, will be received until the nonmineral claimant, upon the making of satisfactory proof, has elected to take a patent containing the prescribed reservation, and not then unless such coal declaratory statement or application to purchase is accompanied by the consent of the surface owner, or evidence showing that security has been given as prescribed by the act. Appeals shall be allowed in all proceedings brought hereunder as in other cases.

CERTIFICATES AND PATENTS

8. Coal declaratory statements, certificates, and patents issued under the provisions of this act will describe the land by legal subdivisions as under the general coal-land laws, and payment will be made at the price fixed for the whole area, but appropriate conditions and limitations will be incorporated in the patent fully defining the interests and rights of the respective parties. To this end you will note on each coal receipt and certificate issued by you, in pursuance thereof, the words "Patent will contain conditions and limitations of the act of March 3, 1909 (35 Stat. 844)."

original corner has been located by measurements on one line only; for example, on a guide meridian.

52. For restoration of a township corner originally subject to the first condition: A line will first be run connecting the nearest identified original corners on the meridianal township lines, north and south of the missing corner, and a temporary corner will be placed at the proper proportionate distance. This will determine the corner in a north and south direction only.

Next, the nearest original corners on the latitudinal township lines will be connected and a point thereon will be determined in a similar manner, independent of the temporary corner on the meridianal line. Then through the first temporary corner run a line east (or west) and through the second temporary corner a line north (or south), as relative situations may suggest. The intersection of the two lines last run will define the position of the restored township corner, which may be permanently established.

53. The restoration of a lost or obliterated township corner established under the second condition, i. e., by measurements, on a single line, will be effected by proportionate measurements on said line. between the nearest identified original corners on opposite sides of the missing township corner, as before described.

54. Reestablishment of corners common to two townships: The two nearest known corners on the township line, the same not being a base or a correction line, will be connected, as shown in sections 45 to 50, by a right line, and the missing corner established by proportionate distance as directed in that case; the location thus found will be checked upon by measurements to nearest known section or quarter-section corners north and south, or east and west, of the township line, as the case may be, to obtain approximate though probably not exact verification of original distances.

55. Reestablishment of closing corners: Measure from the quartersection, section, or township corner east or west, as the case may be, to the next preceding or succeeding corner in the order of original establishment, and reestablish the missing closing corner by proportionate measurement. The line upon which the closing corner was originally established should always be remeasured, in order to check upon the correctness of the new location. (See secs. 29 to 34 and 64 to 66 for details.)

56. Reestablishment of interior section corners: This class of corners should be reestablished in the same manner as corners common to four townships. In such cases, when a number of corners are missing on all sides of the one sought to be reestablished, the entire distance must, of course, be remeasured between the nearest existing recognized corners both north and south, and east and west, in accordance with the rule laid down, and the new corner reestablished by proportionate measurement. The mere measurement in any one of the required directions will not suffice, since the direction of the several section lines running northward through a township, or running east and west, are only in the most exceptional cases true prolongations of the alinement of the section lines initiated on the south boundary of the township; while the east and west lines running through the township, and theoretically supposed to be at right angles with the former, are seldom in that condition, and the alinements of