Page:Federal Reporter, 1st Series, Volume 10.djvu/797

 UNITED STATES V. MULLAN. T85 �United States v. Mullan and others. {Circuit Court, 1). Calif<yrnia. February 27, 1882.) �1. Public Lands — Kitown Mines— Coal. �Whatever may have been orlginally the proper construction of the word " mines," as used in the pre-emption act of 1841, (5 St. 456,) the act of July 1, 1864, (13 St. 343,) gave a legislative construction to the term, which thence- forth attached toall known "coal-beds or coal-fields" inwhichno interest had before become vested, and withrirew such coal lands from the operation of all other acts of congress. �2. ScHooi. and Coai. Lands— State Sbi,kctions. �After July 1, 1864, known coal lands were not subject to selection by the State, in lieu of sections 16 and 36, for school purposes; and the secretary of the interior had no authority to list such lands to the state on such selections. �8. Patent Vacatbd— Lien Landb. �Where the state selects a tract of land in lieu of a like quantity of unavalla- ble school lands, which tract so selected is not subject to selection, and the same is listed over to the state by the secretary of the interior, and by the state there- upon patented to private parties, a court of equity, upon a bill liled by the United States, will annul the selection, listing over, and patent, whether the unlawful acts arose out of fraud, inadvertence, or mistake, or errors of law committed by the offlcers upon known facts, as to the authority of the state to select or the secretary of the interior to list over. �4. Bill Filed by Attornby General. �Where a bill in chancery to annul a patent to land is flled in the name of the United States, having the signature of the attorney general of the United States, subscribed by his authority, the court is authorized to entertain the bill. �6. Vested Rights- Poweb of Congeess. �The state has no indefeasible vested right to select lands in lieu of sections 16 and 36, from any particular class of lands, at any time before selection actu- ally made. Until selection, congress may withdraw any lands from the opera- tion of laws pennitting their selection. �In Equity, �Philip Teare and W. H. L. Barnes, for complainant. �B. S. Brooks, for defendants. �Sawyer, C. J. This is a bill in equity to vacate a state selection, a listing to the state by the secretary of the interior, and a patent issued by the state in pursuance thereof, to the north half of section 8, township 1 N., range 1 E., Mount Diablo meridian; the said tract having been selected by and listed to the state as school lands, in lieu of a half section of one of the sections 16, which was for some lawful reason unavailable to the state. The daim is that, at the time of the selection, listing, and issuing of the patent in question, the land was known coal lands, not subject to selection in lieu of school v.lO.no.S— 50 ��� �