one case a reservation was inserted to the effect that only the actual surface ground embraced within the walls of the lode was intended to be conveyed, it being the estimated area of the lode.5 In railroad grants the mines are reserved, and where a mine has been erroneously granted to a railroad company, and the company fails or refuses to relinquish when called upon, a patent will be issued to the claimant of the mine as though the land had not been granted.6 So mineral lands are expressly excluded from selections authorized to be made by states,? unless at the date of the survey the mineral character of the sections selected is unknown.8 All previously patented ground is also excepted.9 Mineral lands are excepted from agricultural patents, which are void as to known mineral lands included therein. Whether the land is mineral, or not, is a question of fact not excluded from inquiry by a previous return of the lands as agricultural.10 1 Copp's Min. Dec. 182. 2 2 Landowner, 178. 3 2 Landowner, 82. 4 Copp's Min. Dec. 207. 5 2 Landowner, 5. 6 1 Landowner, 2. 7 Copp's Min. Dec. 30, 40, 105; Sickel's Min. Laws, 438. 8 4 Landowner, 18; 5 Landowner, 178; 6 id. 152. 9 1 Landowner, 82. 10 Sickel's Min. Laws, 450. § 104. Same-For what may be issued under mining laws. In addition to the valuable minerals specially mentioned in the act of Congress, as giving a mineral character to the public lands thrown open to exploration and purchase, the following have been held to be included in the general terms of the statute, and when found in deposits, to render the land on which they are discovered subject to occupation and purchase under the mining laws: Iron, whether found in lodes or placers ;1 diamonds,2 fire clay,3 kaoline,4 marble,5 limestone,6 mica,7 slate,8 umber, petroleum,10 borax,11 and salt;12 though salt springs13 and sulphur springs14 have been decided not to be patentable where they were not useful for the deposits of minerals contained therein, but for the water. In addition to these, non-mineral land may be patented as mill sites under the mining law.15 When the public lands are claimed as mineral in character, the test laid down is whether they are more valuable for minerals than for other purposes.16 The four classes of claims patentable under the mining law are (1) lode claims; (2) placer claims; (3) mill sites; (4) lode claims in connection with mill sites.17 The term "claim" as applied to lodes is held by the general land office to mean that portion of the vein or lode and adjoining surface to which the claimant has the right of possession by virtue of a compliance with the laws of the United States, and the local laws, rules and customs of miners not in conflict therewith.18 11 Landowner, 34. 2 Copp's Min. Dec. 140. 3 Copp's Min. Dec. 209. 4 2 Landowner, 66. 5 Ibid. 6 Ibid. Contra, Sickel's Min. Laws, 626-31. 7 2 Landowner, 131. 8 1 Landowner, 132. 91 Londowner, 179. 10 1 Landowner, 179; Sickel's Min. Laws, 438. 11 Copp's Min. Dec. 194. 12 1 Landowner, 19. 13 2 Landowner, 131, 179; 3 id. 196. 14 Copp's Min. Dec. 22. 13 2 Landowner, 114. 16 Copp's Min. Dec. 316. 17 1 Landowner, 2. § 105. Same-Application for.-The effect of an application for a patent is to withdraw the claim from the operation of local laws or regulations as to the performance of annual labor, etc., in order to hold the claim. Until such application is set aside for failure to comply with land office rules, it cannot be regarded as waived or forfeited by the applicant. And no other application for the same ground will be received.2 Each application is an entirety, and rests upon its own merits. When papers are once filed with the register and receiver, they become a part of the record, and can neither be withdrawn nor returned, but must be transmitted to the general land office. The application will not be granted for any ground outside of the location.5 1 2 Landowner, 66. 2 Sickel's Min. Laws, 243. 3 Copp's Min. Dec. 202. 4 1 Landowner, 66. 5 6 Landowner, 171. § 106. Same-Whether as lode or placer claims.-The act of Congress of May 10, 1872, divides mineral lands into (1) lodes, (2) placers. The first is where the minerals are found in rock in place.1 The second includes all forms of deposit not found in rock in place. Only such lands as contain deposits of the second class can be patented as placer claims.2 Persons or associations may purchase as many placer claims as the local law permits, and include them all in one application for a patent if they lie contiguous to each other.3 But parcels at wide distances from each other and in different districts cannot be included in the same entry. Nor does this rule apply to lode claims, except where they are embraced in several placer locations.5 And where the placer locations are not contiguous the required expenditure must be on each for the full amount ($500). Otherwise the requisite amount may be expended on one location for all.6 Where lodes are known to exist they should be applied and paid for as lodes; otherwise they will be excepted in the placer patent.7 Valuable deposits of copper can only be entered for patent as lode claims.8 Auriferous cement claims must be entered as placers.9 1 Copp's Min. Dec. 46. 2 Land Office Rep. 1872, p. 52. 3 1 Landowner, 134. 4 Copp's Min. Dec. 35. 5 2 Landowner, 82; 5 Id. 162. 6 1 Landowner, 134; 2 Id. 114. 7 Copp's Min. Dec. 222; 2 Landowner, 82, 8 Copp's Min. Dec. 60. 9 Copp's Min. Dec. 78. § 107. Same-By whom application should be made. -Application for patent should be made by the owner of the possessory right. Where several persons own distinct portions of a claim, application may be made by either for the portion owned by him; but where the interests of several owners are undivided all should join in the application.2 But an application signed by one joint owner for himself and his co-claimants should be recognized as the application of all the owners in the absence of alleged or apparent fraud. The same presumption is indulged in favor of the validity of the acts of attorneys, performed in the legitimate prosecution of cases.3 The patent may be applied for by the original locator or a purchaser under him.4 But the applicant must be a citizen or one who has declared his intention to become such, and his qualifications in this respect must affirmatively appear.5 Where the applicant is a purchaser and a citizen, he should be able to trace his title through others possessing the same qualifications;6 but no distinction is made between the rights of citizens, native or naturalized, and those who have declared their intentions to be come such. The negative of the citizenship of any one but the applicant, through whom the title is traced, must be affirmatively shown by any one contesting the application for patent.8 And it is not sufficient to show that the claim was located by an alien, but it must be shown that he did not declare his intentions before assigning the claim, as such declaration operates by relation to validate a location 9 or purchase by an alien.10 If the citizenship or declaration of intention be properly alleged and not denied, the law will be complied with.11 The commissioner of the general land office may prescribe the form of the affidavit of citizenship. And it has been decided that an affidavit of the date and place of birth must accompany the application, and if naturalized, or intention to become a citizen declared, the date, place and court from which the papers were issued should be named in the affidavit.12 A purchaser from an alien may acquire the possessory right by relocation, and thus be entitled to apply for and receive a patent.13 1 Infra. Proof required. 1 Landowner, 66; 6 Id. 122. 2 Copp's Min. Dec. 159, 223. 3 3 Landowner, 196. 4 Copp's Min. Dec. 157. 5 3 Landowner, 68, 69. 6 3 Landowner, 18, 69; Copp's Min. Dec. 43. 7 1 Landowner, 98. 8 1 Landowner, 178; 2 Id. 2. 9 1 Landowner, 98, 178. 10 3 Landowner, 69. 11 2 Landowner, 68. 12 3 Landowner, 68. 13 3 Landowner, 18. § 108. Same-Where application filed.-The application should be filed with the register and the receiver of the land office of the land district in which the claim lies; but filing with the register is equivalent to "filing with the register and receiver," according to the spirit of the |