Mineral Land-Continued. I. GENERALLY-Continued. Rule laid down as to what constitutes. I-560 Regulations governing entry of lands containing borax and alkaline earths, sulphur, alum, and asphalt. 1-561 Borax, soda, alum, oil, etc., are minerals within the meaning of the mining laws. Fire clay or kaolin subject to mineral entry. II-708 I-565 A deposit of "brick clay" will not warrant the classification of land as. Gypsum and limestone held to be minerals. VI-761 XVIII-58 Lands containing mineral springs not of a saline character are subject to sale under the general laws. I-562 Land chiefly valuable for phosphate deposits is mineral in character. Phosphate deposits held not to exclude lands from a railroad grant that excepted from its terms mineral lands. XIX-414 The act of October 1, 1890, with respect to settlement claims on Florida phosphate lands is retrospective in character, applying exclusively to cases arising prior to April 1, 1890. XIX-475 Alumina is not such a mineral as will except the land containing the same from settlement and entry as agricultural land, or warrant the allowance of a mineral entry thereof. XX-50) Stone that is useful only for general building purposes does not render the land containing the same subject to entry as mineral land. (See Mining Claim, Nos. XII and XIII.) XII-1 Land chiefly valuable for deposits of building stone, containing no lodes or veins of quartz or other rock in place, may be entered as a placer claim. III-116 Land that has no value except for the stone it contains can not be taken under a homestead entry made with speculative intent. XV-276 Existence of a stone quarry on land does not vitiate a homestead entry made in good faith. XI-140 Land containing sandstone of superior quality for building and ornamental purposes and valuable only as a stone quarry is classed as. XVI-508 Land chiefly valuable for the building stone it contains is not by such fact excluded from entry under the settlement laws. XVI-122, 537 Land chiefly valuable for the building stone it contains is not excepted from the school grant. Oil land held as mineral. XVI-263 IV-60, 284; XVI-117 Proof that neighboring land contains oil not sufficient to defeat Mineral Land-Continued. I. GENERALLY-Continued. Not excepted from the operation of the arid land act of October 2, 1888. XV-418 The character of land as a present fact is the question raised on issue joined as to its actual character. IV-478; VII-265 Character as, must appear as a present fact to defeat an agricultural entry upon land returned as subject thereto. VI-218; XI−462 Proximity of land to coal veins will not alone warrant the conclusion that it is mineral in character. XI-462 The presumption as to the mineral or agricultural character of a tract, created by the return of the surveyor-general, does not preclude the assertion of any right, or the proof of the facts in the case as they really exist. XVII-274 The land being returned as agricultural, the burden of proof is with the mineral claimant to show as a present fact that the land is more valuable for mining than agriculture. II-714, 721; III-234; XII-612; XIV-59; XVII-103 On issue joined as to the character of a tract the matter to be determined is whether as a present fact the land is more valuable for mineral than for agriculture. XIV-54, 59 Mineral claimant for land returned as agricultural must show, as a present fact, that mineral can be obtained therefrom in such quantities as to make the land more valuable for mining than agriculture. VII-265; VIII-440; XIII-517 Where a mineral entry has been allowed on land returned as agricultural the burden of proof will lie upon one who thereafter alleges the land to be in fact agricultural. XIV-54; XVII-545 On proof of the mineral character of a tract and allowance of mineral entry therefor the burden of proof is upon one who asserts the non-mineral character of the tract, even though it was returned as agricultural. XV-196 On a hearing to show the alleged agricultural character of a tract held as a mining claim, and that has once been adjudged mineral, the agricultural claimant should be required to prove the abandonment or forfeiture of the mining claim. XX-564 A final decision in which a tract is held to be, is only conclusive up to the period covered by the inquiry, and will not preclude a subsequent investigation as to the character of said tract on allegation that the mining claims thereon have been abandoned, and that the land as a present fact is agricultural. XX-384 One denying the prima facie agricultural character of a tract covered by a claim (homestead) must show, not that it is of little value for agriculture, not that adjoining or neighboring lands are mineral, and not, theoretically, that the tract may possibly develop minerals in the future, but that as a present fact, proved by the actual production of minerals, it is mineral land. II-721 Mineral Land-Continued. I. GENERALLY-Continued. The burden of proof is upon an agricultural claimant for land returned as mineral. VII 532-265, The burden of proof is upon an agricultural claimant for land returned as, to show the fact of its non-mineral character, but he is not required to prove affirmatively its agricultural character. X-311 In case of contest, where the land is returned as, the burden is not shifted to the mineral claimant by the non-mineral affidavit and publication of notice by the agricultural claimant. X-311 The character of land as a present fact is the question for determination on issue joined between a mining and agricultural claimant. X-536 A decision that land returned as mineral is in fact agricultural puts the burden of proof upon one alleging a subsequent discovery of mineral. VII-532 The presumption as to the character of land returned as mineral is not forcible where, after long-continued mining operations, the land has been abandoned by the mineral claimant as no longer profitable. VII-265 Proof of mining upon a tract that has been adjudicated as, and the subsequent abandonment of such operations leaves with the mineral claimant the burden of proof to show the present mineral character of the land. XVI-52 Pending protest proceedings, in which a general charge is made that certain lands claimed under a railroad grant are in fact mineral, will not defeat the right of a mineral claimant, who sets up a specific claim, to be subsequently heard on a similar allegation in the event that the first proceedings fail. XX-26 A hearing had as to the agricultural or mineral character of a number of tracts of land, claimed under a railroad grant, and a judgment thereon that a specific tract included therein is in fact agricultural, will not preclude a subsequent inquiry as to the character of said tract, on the protest of a mineral claimant, prior to the issuance of patent therefor, if the showing made is clear and convincing. XXI-464 A final decision of the Department holding a tract to be non-mineral is conclusive up to the period covered by the hearing; but such decision will not preclude a further consideration based on subsequent exploration. XIX-12 The existence of mineral in such quantities as to justify expenditures in the effort to secure it should be established as a present fact in order to bring the land within the class subject to mineral entry. VII-71 The existence of gold in non-paying quantities will not preclude agricultural entry of the land. XVII-424 Mineral Land-Continued. I. GENERALLY-Continued. The character of land claimed as mineral must be shown by the actual production from mining or by satisfactory evidence that mineral exists on the land in sufficient quantity to make the same more valuable for mining than for agriculture. Mineral value of a vein not established by an ordinary assay certificate. XII-612 XVII-103 A certificate of the location of a mining claim can not be accepted as establishing the mineral character of the tract in the absence of other evidence showing an actual discovery of mineral. XVII-424 The location of a mining claim in conformity with the law, on land returned as agricultural, raises a presumption that the land is mineral in character, and the burden of proof is thereafter with anyone alleging the agricultural character of the land. XVIII-199; XX-394 The presumption arising upon the location of a mining claim that the land included therein, though returned as agricultural, is in fact mineral, exists only in the case of a legal location, wherein a discovery is shown in compliance with law. XXI-502 In determining the existence of mineral in paying quantities the physical difficulties to be overcome in working the mine may be properly considered. But questions as to whether the claimant can obtain the means to prosecute the contemplated mining operations, or secure the right of way for a water supply are not for the Department to determine. XVIII-199 Character of land shown to be mineral by proof of mineral in paying quantities, and actual mining operations are not necessary to such conclusions. XV-196 In any case where the character of land embraced within a mineral application is placed in issue it must appear as a present fact that mineral can be secured from the land in paying quantities. VII-265; XIII-86 On issue joined as to the character of land alleged to be more valuable for coal than for agriculture it rests with the plaintiff to show the existence of a coal deposit sufficiently valuable to be worked as a mine. XV-514 Whenever mineral and agricultural or town-site claims conflict the comparative value of the land for mining or agriculture is in question and must be considered. II-717, 720, 721 Where the testimony to agricultural character was speculative and the land never paid the expenses of cultivating it, but the minerals obtained during several years paid for the plant and for mining expenses, it is subject to mineral entry. II-719 Mineral Land-Continued. I. GENERALLY-Continued. II-712, 850 By their designation as "agricultural" in the official plats, lands in a mineral belt were set apart as prima facie "clearly agricultural" under section 11, act. of July 26, 1866 (section 2342, Revised Statutes). Section 2341, Revised Statutes, was intended to relieve persons who had settled on lands theretofore designated as mineral when they were afterwards found to be agricultural; section 2342, Revised Statutes, gave the right of settlement on said lands when duly set apart as agricultural. II-715 Where a placer application has been filed on a homestead entry of land both claims may be suspended until after a hearing upon the character of the land. II-712 An entry (homestead) of record bars the filing of a placer application for the tract until after a determination of the character of the land. II-712 Adverse possession and occupancy of a mineral claimant will not defeat an agricultural entry if the land is subsequently shown to be agricultural in character. XVI-62 A protestant against a mineral entry who desires a hearing as to the character of the land should show prima facie that the land was agricultural at date of application for mineral patent. XV-509 Hearing to determine character of land not ordered in the absence of application to appropriate the same. VIII-30 All evidence as to character of land should receive due consideration. III-234 In determining the character of land claimed as such the Department may adopt such competent method as may seem best. XIII-89 The government interested in determining the character of land. III-234 Failure to appeal from finding of local officers as to character of land renders their decision final. VIII-30; XV-37 Determination after hearing as to character of land alleged to be mineral is final. V-132 The mineral character of a tract not established by a decision rendered in a case where such question was not in issue. VII-54 Discovery of mineral after sale or disposal as agricultural land will not affect the title. III-169; V-193; VI-393; VII-570; IX-83, 411; XII-513; XIII-108; xv-37, 514; XXI-92 May be included within military reservation, and while thus reserved is not subject to other appropriation. 1-552 Mineral or non-mineral character of land covered by a scrip location may be determined by the government without the aid of the locator where he fails to furnish the requisite non-mineral proof. |