| Show CONC mN IN ii sc LANDS of A KD Renunciation by State of Title to l to School Mineral Bearing Bearing Bear- Bear ing lug Tracts Requested o I Renunciation by the state of all claim to title in school section lands In Utah known to be mineral in character character character char char- I acter is asked in in a letter to the tate state board c of 01 land commissioners from Clay Tallman commissioner of the general land office of the department of the interior Cooperation of then the state land board to adjudicate th the rights of the state with respect to school sections classified as coal lands is asked Under the decision in the famous Sweet case title to lands already known to be mineral vests In the federal federal federal fed fed- eral government Where lands have be been n ceded to the state as school sections sections sections sec sec- supposed to be entirely agricultural agricultural agricultural tural in character and the minerals later are discovered the state claims title Mr Tallmans Tallman's letter follows ASKS COOPE COOPERATION I r wish to invite your cooperation with this office in an effort to expedite the adjudication 0 of the rights of the stale stafe of Utah with respect to school sec sections lons in m places which are classified as coal in character As you are aware mineral lands are excepted from the school grant to the state of Utah and if there is any question as to mineral character of school sec sections lons they must be examined in the field and if found to be mineral In character further Investigated as asto asto asto to knowledge of mineral character atthe at atthe atthe the time when but for it title would have passed Growing out of this there have been beep hearings In many cases Inv Involving ing In- In v g much time effort and expense I to all aU par parties parries es in Interest WITHDRAWALS MADE 1 The United States geological survey surey sur- sur vey ey has made extensive withdrawals sur-I sur of land supposed to be valuable for coal and much of the withdrawn land has been examined in the field and classified d as coal in character Usually I c in the case of lands classified as coal the only point in question Is when their coal character became known It Is our thought that using these geological geological geological geo geo- logical survey classifications and withdrawals withdrawals withdrawals with with- as a starting point we may perhaps through close cooperation with your office avoid numerous hearIngs hearings hearings hear hear- ings and at the same time facilitate tho the approval of Indemnity selections for the state CITES CASE School sections classified as coal land are accepted as base for in indemnity InI indemnity In- In selections under Departmental I decision In the case of August Erickson Erick Erick- son on dated July 26 1915 and the only showing required is that the state has not sold contracted to sell or In any anyway anyway I way way the lands in conformity conformity con COIl with the provisions of rule 7 the circular approved June 23 1910 It will be seen therefore that as to lands classified as coal where the State does not intend to claim title and has in no noway noway noway way the same If we can be advised of that fact and that the state admits that the ands lands were of known mineral character at the time when title would otherwise have passed pissed we can at once note our the effect ef effect ef- ef feet that these lands are classified as coal and not claimed by the state and the state can proceed forthwith to se select select select se- se lect indemnity and no field examination will be necessary to such base lands ENUMERATES SELECTIONS I 11 am sending herewith a list of school sections or parts thereof classified classified classified clas clas- as coal which appear from our records to be and not offered as base for indemnity selections If the plan outlined above is agreeable to the state may I ask you to check this lis list and advise us at your earliest convenience which if any of the lands have been sold sold- or otherwise disposed of by the state and for which if any the state is willing to tal take e indemnity Indemnity in indemnity In- In It should be borne in mind that the lands above referred to are classified as coal and not merely withdrawn because be because because be- be cause of supposed coal character |
