Page:U.S. Department of the Interior Annual Report 1873.djvu/51

Rh authorities, the evidence of which has been received at this Office since my last annual report, and consequently was not included therein. During the previous year the reports show a constructed length of one thousand seven hundred sud forty-three miles of road, a difference in favor of the latter year of five hundred and thirty-five miles. The policy of extending aid to railroad enterprise by national legislation having been restricted by the caution of Congress during the last few years, the aggregate of definite location of new roads is not as great as in former years. The reports show the definite location of three hundred and twenty-three miles during the fiscal year, of which two hundred miles are of the Northern Pacific Railroad, in the Territory of Dakota

In their appropriate place in this report will he found carefully prepared tables, showing the condition of the adjustment for the various land-grunt roads up to the close of the decal year.

Since the date of my last report the fifth section of the mining act, of May 10, 1872, has been amended, and the following circular issued: "The following is an act of Congress approved March 1, 1873, (17 Stat., 483:)

"'AN ACT to amend an act entitled "An act to promote the development of the mining resources of the United states."

"'Be it enacted by the Senate and and House of Representatives of the United States of America in Congress assembled, That the provisions of the fifth section of the act entitled "An act to promote the development of the mining resources of the United States." passed May tenth, eighteen hundred seventy-two, which requires expenditures of labor an improvements on claims located prior to the the passage of said act, are hereby so amended that the time for the first annual expenditure on claims located prior to the passage of said act shall be extended to the tenth day of June,eighteen hundred and seventy-four'

"By this legislation the requirements of the fifth section of the act of May 10, 1872, are changed by extending the time for the first annual expenditure upon claims located prior to May 10, 1872, to June 10 1874.

"The requirements in regard to expenditures upon claims located since May 10, 1872, are in no way changed."

The following act of Congress was approved February 18, 1373, (17 Stat., 465:)

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That within the Sums hereinafter named deposits or mines of iron and coal be, and they ore hereby, excluded from the operations of an act entitled "An act to promote the development of the mining resources of the United States," approved May tenth, eighteen hundred and seventy-two, and said act shall not apply to the mineral lands situate and being within the States of Michigan, Wisconsin, and Minnesota, and that said lands are hereby declared free and open to exploration and purchase according to the legal subdivisions thereof as before the passage of said act; and that any bona-fide entries of such lands, within said States, since the passage thereof, may be patented without reference to the provisions of said act.

Previous to the date of said mining act of 1872, lands containing deposits of iron ore were disposed of for cash at private entry the some as agricultural lands. The language of the mining act, however, is so comprehensive as to justify the belief that it was the intention of Congress to include iron ore among the mineral deposits to be disposed of under its provisions. Congress by subsequent legislation appears to have placed this construction upon the act.