providing that the discoverer of any mines or minerals on vacant unappropriated land north and east of the congressional reservation line shall have a preference of entry on such land for a period of six months, making it unlawful for others to enter during that period, and providing that an entry made thereafter by others is unlawful and void unless preceded by a thirty days' written notice to the discoverer of an intention to make such entry. With this exception, the law governing the acquisition of title to mineral land seems to be the same as that to other land. Of all the states found within the first group, New York and Texas are the only ones having anything like a general mining code.

New York.-New York has from the earliest period of its history asserted its ownership of mines of the precious metals by virtue of its sovereignty. A history of the legislation in this state would serve no useful purpose in this treatise. Briefly stated, the existing laws contain the following declaration as to the state's ownership.

The following mines are the property of the people of the state in their right of sovereignty:

(1) All mines of gold and silver discovered or hereafter to be discovered;

(2) All mines of other metals discovered upon lands owned by persons not being citizens of the United States;

(3) All mines of other metals discovered upon lands owned by a citizen of the United States, the ore of which on an average shall contain less than two equal third

1 Stats. of 1845, ch. 38; Whitney's Land Laws, p. 335.

Gen. Laws (1900), vol. i, p. 667; Laws of 1894, vol. i, ch. 317, p. 589 et seq.; Id., vol. ii, ch. 745, p. 1852.

Sayle's Civ. Stats. Supp., 1888-1893, tit. 64b, art. 3361b, p. 612.

parts in value of copper, tin, iron, and lead, or any of these metals;

(4) All mines and all minerals and fossils discovered, or hereafter to be discovered, upon lands belonging to the state.1

It is not our purpose to either analyze or criticise this law, but simply to outline it. As will be observed, its fundamental theory bears a striking analogy to that of the civil law. Citizens of the state discovering mineral upon lands in the state are required to give notice of the discovery to the secretary of state, who is required to register the notice, and is allowed a fee of one dollar therefor. The simple filing of this notice inaugurates the right to work, and to secure the sole benefit of the products of the mine upon payment into the state treasury of a royalty of two per centum of their market value. There are no statutory provisions fixing the area or extent of the property which may be worked under this notice; nor is there any direction as to marking of boundaries. The discoverer, his executors, administrators, and assigns, are exempted from paying any royalty for the term of twenty-one years, and after the end of that period he or his heirs or assigns are to have the sole benefit of all products therefrom on the payment of a royalty of one per centum on their market values.

Mining corporations are authorized under certain conditions and restrictions, if the written consent of the owner cannot be obtained, to condemn so much of the

'Laws of 1894, vol. i, ch. 317, p. 589; General Laws (1900), vol. i, p. 667; as amended, Laws of 1901, vol. ii, p. 1104.

*For review of the New York mining laws, see Dr. Raymond's monographs-Trans. Am. Inst. M. E., vol. xvi, p. 770, and vol. xxiv, p. 712; Eng. and Min. Journal, vol. lviii, p. 560.

Laws of 1899, vol. i, p. 361; Gen. Laws (1900), p. 554.

Lindley on M.-3

land in or upon which mines are situated as are necessary to operate the same. A similar right is given to the discoverer, his executors, administrators, or assigns, upon depositing money or securities with the county treasurer as security for the payment of any damages that may be awarded to the owner under the condemnation law. The county clerks are required to record copies of the location notice when presented by the locator and certified by the secretary of state, and it is provided that priority of locations shall be determined by the priority of the record with the county clerk of the notice thereof.

Texas.-Texas has a general mining law,' which in the main follows the congressional laws, with the exception that no extralateral right is conferred, and the miner is not granted anything beyond vertical planes drawn through his surface boundaries. Patents are issued if applied for within five years, the price being twenty-five dollars per acre for lode claims, and ten dollars per acre for placer claims. Prior to patent, one hundred dollars must be expended on each claim annually, and fifty dollars per claim per annum must be paid to the state treasurer, the amount of such payments to be credited upon the purchase price when patent is obtained. The state after patent exacts no royalty, and does not concern itself with the manner of working the mines. After title passes from the state, the tenure by which mining property is held is the same as other property.

20. Second group. Public lands of the United States which were subject to the legislative control of the federal congress were included within the present

'Sayles's Civ. Stats. Supp., tit. 64b, art. 3361b, p. 612. Texas has also a law concerning the casing and operation of oil wells. Sayles and Willison's Stats. Supp. (1900), tit. 75%, p. 139.

boundaries of the following states and territories: Alabama, Alaska (district), Arizona, Arkansas, California, Colorado, Florida, Idaho, Illinois, Indian territory, Indiana, Iowa, Kansas, Louisiana, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Mexico, North Dakota, Ohio, Oklahoma, Oregon, South Dakota, Utah, Washington, Wisconsin, and Wyoming. To these may be added Hawaii,1 Porto Rico, and the Philippine islands.3

By acts of congress passed at different times the following were excepted from the operation of the federal mining laws: Alabama, Kansas, Michigan, Minnesota, Missouri,' and Wisconsin.8

6

These laws were never in practical operation in either Illinois, Indiana, Iowa, or Ohio, owing to the fact that most of the public domain embraced therein had been

'None of the public land laws of the United States have been extended to Hawaii, the former laws of the republic being continued in force. There is no local legislation on the subject of mineral lands, and it is extremely doubtful if the islands contain any deposits which might render mining legislation necessary or expedient.

2

By act of congress July 1, 1902, (Stats., 1st Sess. 57th Cong., p. 731,) all public lands passing to the United States by treaty have been ceded to the government of Porto Rico, to be held and disposed of for the use and benefit of the people of the island. There is as yet no mining legislation passed by the territorial legislature, nor are we advised as to the necessity for any such legislation.

By act of congress, July 1, 1902, (Stats. 1st Sess. 57th Cong., p. 691,) a complete mining code for these islands was passed. It is framed on the lines of the general federal mining law, with the exception that there is no extralateral right arising out of lode locations. A discussion of this act will be found in a later portion of this treatise, and the act itself is printed in full in the appendix.

422 Stats. at Large, p. 487; Commissioners' letter to district land officers, 1 L. D. 655.

Stats. at Large, p. 52.

17 Stats. at Large, p. 465; United States v. Omdahl, 25 L. D. 157.

19 Stats. at Large, p. 52.

17 Stats. at Large, p. 465; United States v. Omdahl, 25 L. D. 157.

disposed of prior to the enactment of the general mining laws. In Illinois, Iowa, Arkansas, Missouri, Michigan, Minnesota, and Wisconsin lands of the government containing lead, and, in Michigan and Wisconsin, copper and other valuable ores, were ordered sold under special laws prior to the discovery of gold in California.1 It would seem that the federal mining laws are still operative in lands of the public domain in Arkansas as to minerals other than lead. It is so treated by the land department,2 and that state has enacted legislation supplemental to the federal laws concerning the acquisition of title to public mineral lands.3

These laws are also in force in Florida, Mississippi, and Louisiana.*

The federal mining laws, so far as they relate to the acquisition of title to saline lands, are operative in all the states and continental territories wherein the public domain remains to any extent undisposed of. By act of congress the states above enumerated, which were exempted from the operation of the federal mining laws, were again brought under the operation of such laws so far as deposits of salt, salt springs, and saline lands are concerned.

By act of congress all lands in Oklahoma were declared to be agricultural," but by the act of June 6, 1900, congress extended the mining laws over the lands in the territory of Oklahoma ceded to the United States

1See, post, § 35.

Norman v. Phoenix Zinc M. and S. Co., 28 L. D. 361.

See appendix.

Comr. G. L. O., 31 L. D. 131.

Act of June 31, 1901, (31 Stats. at Large, p. 745); Circular instructions, 31 L. D. 130, 131. As to laws governing public saline lands, see, post, §§ 513-515.

26 Stats. at Large, p. 1026.