MINERAL LANDS, RESOURCES, AND CLAIMS; location of, under U. S. Laws. The exist ing provisions • and regulations relative to the acquisition of mineral lands, the title of which is in the government, are to be found in U. S. R. S. §§ 2318-2352, and in 1 Supp. R. S. pp. 166-7; 276, 62, 324, 948, 950. For a history of the attempted legislation prior to the passage of the act of 1866 (the first mining law), see Yale on Mining Claims 340 and Weeks on Mineral Lands, Addenda, chap. 1, for the act of 1866.
Requisites of location. All valuable min eral deposits in lands belonging to the Unit ed States, whether surveyed or unsurveyed, are "free and open to exploration and pur chase by citizens of the United States, or those who have declared their intention to become such" (R. S. § 2319), and citizenship or declared intention is a condition precedent to the right of location ; Crcesus Mining, M. & S. Co. v. Mineral Co., 19 Fed. 82 ; Rosen thal v. Ives, 2 Idaho (Hasb.) 265, 12 Pac. 904. A state corporation is a cilfizen for this pur pose, provided the members thereof are citi zens and qualified to make the location ; Thomas v. Chisholm, 13 Colo. 105, 21 Pac. I1019; McKinley v. Wheeler, 130 U. S. 630, 6 Sup. Ct. 638, 32 L. Ed. 1048. Upon declar ing his intention to become a citizen, an alien may have advantage of work previous ly done, and of a record previously made ; Crcesus Mining, M. & S. Co. v. Mineral Co., 19 Fed. 78 ; and an alien locator may con vey to a citizen so as to 'give title from date of conveyance, provided no third person ac quires rights prior to such conveyance; North Noonday Min. Co. v. Mining Co., 1 Fed. 537. See Osterman v. Baldwin, 6 Wall. (U. S.) 122, 18 L. Ed. 730. A location made jointly by aliens and citizens is a good loca tion by the citizens; North Noonday Min. Co.
v. Mining Co., 1 Fed. 537.
A mineral location can only be made on the unsold, unappropriated and unoccupied lands of the United Stites ; Merced Min. Co.
v. Boggs, 3 Wall. (U. S.) 304, 18 L. Ed. 245; Tayloi v. Middleton, 67 Cal. 656, 8 Pac. 594 ; Armstrong v. Lower, 6 Colo. 393 ; but the right to possession is derived solely from a valid location ; McKinstry v. Clark, 4 Mont.
370, 1 Pac. 759; Noyes v. Black, 4 Mont. 527, 2 Pac. 769; and cannot be held as "oc cupied" so as to defeat a subsequent location unless all the laws, including the yearly as sessment work, etc., are complied with ; Belk v. Meagher, 104 U. S. 284, 26 L. Ed. 735; Sparks v. Pierce, 115 U. S. 408, 6 Sup. Ct. 102, 29 L. Ed. 428; Funk v: Sterrett, 59 Cal. 613; Garfield, M. & M. Co. v. Hammer, 6 Mont. 53, 8 Pac. 153. The act describes mineral lands as "valuable mineral deposits." This means lands which may be profitably mined in the usual manner ; Copp's Mining Lands 324. Lands containing minerals, but not in profitable quantities, are not mineral lands ; Deffeback v. Hawke, 115 U. S. 392, 6 Sup. Ct. 95, 29 L. Ed. 423; U. S. v. Reed, 28 Fed. 482 ; Alford v. Barnum, 45 Cal. 482. But non-mineral lands, to the extent of 5 acres, may be located as sites, when in connection with a lode location or separate ly; Rev. Stats. § 2337. Title to mineral lands can only be acquired in the precise manner , provided by the laws relating to such lands ; and a patent obtained under the provisions of any law is void; R. S. § 2318 ; ton v. Nebraska, 21 Wall. (U. S.) 660, 22 L. Ed. 639; Deffeback v. Hawke, 115 U. S. 392, 6 Sup. Ct. 95, 29 L. Ed. 423; Sparks v. Pierce, 115 U. S. 408, 6 Sup. Ct. 102, 29 L. Ed. If a patent issue for agricultural land on which there is a known lode, title to such lode does not pass ; Gold Hill Quartz Min.1 Co. v. Isb, 5 Or. 104; but contra if subse quently discovered ; Copp's Min. Lands 124 ; Moore v. Smaw, 17 Cal. 199, 79 Am. Dec. 123. The right to locate is initiated by discovery and appropriation, which forms the source of title; development being the requisite of continued posiession; Erhardt v. Boaro, 113 U. S. 537, 5 Sup. Ct. 565, 28 L. Ed. 1116; O'Reilly v. Campbell, 116 U. S. 418, 6 Sup. Ct. 421, 29 L. Ed. 669 ; Richards v. Dower, 81 Cal. 44, 22 Pac. 304. A location before an actual discovery confers no rights upon the locator ; North Noonday Min. Co. v. Min. Co., 1 Fed. 530 ; Jupiter Min. Co. v. Min. Co., 11 Fed. 676.