sale of such lands; for in that way, and not otherwise, can they be made to contribute something to the revenues of the government, and controversy litigation in mining localities to a great extent prevented."

Two principal objects are, under the law and the ruling referred to, accomplished: First, the classification of the land, either as mineral or agricultural; and, second, if mineral, the sale of the same at an increased price. Land which prior to July 26, 1866, could only be sold at a regular offering, could now be disposed of by the government and a valid title conferred upon the purchaser.

But in carrying out the idea of classification, the moment land valuable for certain character of stone is decided to contain "valuable mineral deposits," it is no longer, unless the mineral is useless on account of the expense and labor in procuring it, subject to entry under the various agricultural land laws, and is excluded from all grants of land which make an exception of mineral lands.

In my opinion lands valuable for limestone do not necessarily fall within the classification of lands as mineral under the opinion of the Honorable Attorney-general. And in view of the fact, that since said opinion was rendered, Congress has by legislation provided a special mode for the sale of such lands, I am not inclined to treat them as mineral.

In treating of the classification of land into mineral and agricultural, I am not strictly confined to the geological terms and definitions. Lands which are principally valuable for agricultural pursuits, may contain mineral deposits, as the term mineral is scientifically applied. Under the United States mining laws, the deposit should be a valuable mineral, and in the administration of the law, I am often called upon to decide in a case between agricultural claimånts and mineral affiants, whether the land is more valuable for agricultural than for mineral purposes.

The location of Jacob was made after the passage of the act of June, 1878, and, if admissible at all, the entry should have been made under that act; but the land is not subject to disposal under that act, for the reason that the right of the railroad company attached to said land under its grant, there being no valid adverse claim to the same at the date of withdrawal, or on the third of October, 1872.

The application of Jacob is refused, and the land is awarded to the railroad company. Notify parties in interest of this action, allow the usual right of appeal, and report the action taken.

No. 2. GYPSUM.

DEPARTMENT OF THE INTERIOR,

GENERAL LAND OFFICE,

WASHINGTON, D. C., December 15, 1880.

Z. T. DUVALL, Esq., Deadwood, Dakota.

SIR: In reply to your communication dated eleventh ultimo, you are informed that, in my opinion, lands of the public domain containing deposits of gypsum, which is of similar formation to limestone, are not subject to disposal under the mining act. Limestone underlies a great portion of the territory west of the Missouri river, and to reserve such lands from sale as mineral would entirely prevent its development for agricultural purposes.

The term "mineral," in its most comprehensive sense, includes all inorganic substances having a definite chemical composition, and so applied in the construction of section 2318, Revised Statutes, would subject all of the public domain to sale under the mining act.

A more reasonable construction of said section, I conclude, will hold it to embrace only such lands as contain valuable deposits of metals and such other substances which give the same a special value greater than that of land containing limestone deposits in any of its forms.

Very respectfully,

J. A. WILLIAMSON, Commissioner.

No. 3.

DEPARTMENT OF THE INTERIOR,

GENERAL LAND OFFICE,

WASHINGTON, D. C., December 14, 1880.

ALBERT JOHNSON, U. S. Surveyor-general, Denver, Colorado. SIR: Section 2325, U. S. Revised Statutes, requires you to certify that $500 worth of labor has been expended or improvements made upon a mining claim by the applicant for patent or his grantors.

In reply to your letter of the thirteenth ultimo, I have to state that in my opinion all improvements made upon a mining claim having a direct relation to the development thereof, may be taken into consideration by you as a basis for your certificate.

Any building, machinery, roadway, or other improvements used in connection with and essential to the practical development of the surveyed claim, will enter into and form a part of the expenditures for improvements to which you are required to certify. Necessarily, however, improvements of the character indicated must be associated with actual excavations, such as cuts, tunnels, shafts, etc., so as to clearly show that they are intended for use in connection with the claims under consideration. Deputies should

make full report of the facts in each case. Very respectfully,

"N."

J. A. WILLIAMSON, Commissioner.

DEPARTMENT OF THE INTERIOR,

GENERAL LAND OFFICE,

WASHINGTON, D. C., December 17, 1880.

Registers and Receivers, U. S. District Land Offices.

GENTLEMEN: In every case where it becomes necessary under the law and existing instructions of this office to require a hearing to be held and testimony taken for the purpose of ascertaining the mineral or agricultural character of land, you are directed to cause such hearing to be held before a duly qualified officer whose office is located nearest the land in dispute, the distance to be computed by ordinary routes of travel. Whenever the local land office comes within this rule, the hearing will be held before the Register and Receiver.

It is intended to cause these hearings to be held, so far as practicable, in such manner as to afford the least inconvenience to persons interested. Should it appear, therefore, by written stipulation of all the parties that this purpose will best be subserved by the designation of any particular officer authorized to administer oaths within the land district in which the land in controversy is situated, the instructions herein may be departed from in accordance

with such stipulation. It may also happen that the officer who would otherwise be selected is an interested party, or some other good reason may appear why his designation would be improper, and in such case you will direct the hearing to be held before the next nearest officer.

These instructions are in accordance with section 2335, U. S. Revised Statutes, and the rule suggested by the Hon. Secretary of the Interior, February 16, 1878.

Very respectfully,

J. A. WILLIAMSON, Commissioner.

FORMS.

The forms for "Application for Patent" and "Protest and Adverse Claim" are not prescribed as proper in every case. In fact, no form can be prepared that will answer that purpose; at best they only suggest what should appear upon the face of the papers.

These forms have been arranged in about the order in which they are commonly used.

FORM A.

No. 336. Notice of Location of a Quartz Claim. [BLANK PUBLISHED.]

Notice is hereby given to all whom it may concern, that citizens of the United States, over the age of twenty-one years, having discovered a vein or lode of quartz, or rock in place, bearing ......, within the limits of the claim hereby located, have this day under and in accordance with the Revised Statutes of the United States, chap. 6, tit. 32, located .... linear feet of this vein or lode, with surface ground .... feet in width, situated in. ... Mining District, County of State of .... and known as the ... Quartz Mining Claim, and extending ... feet .... to .... and .... feet .... to

......

from this notice at the discovery or prospect shaft, the exterior boundaries of this claim being distinctly marked by reference to some natural object or permanent monuments, and more particularly described as follows, to wit:.....

and we intend to hold and work said claim as provided by the local customs and rules of miners, and the Mining Statutes of the United States.

NOTE. Describe the claim as accurately as possible (by courses and distances) with reference to some natural object or permanent monument, and mark the boundaries by suitable monuments; if a placer claim is located on surveyed land, describe the legal subdivision.