Page:United States Statutes at Large Volume 28.djvu/713

 684 FIFTY-THIRD CONGRESS. Sess. III. Ch. 131. 1895. Helena, and Missoula land districts, in the State of Montana, and the Coeur d’Alene land district, in the State of Idaho, at least one of whom for each district shall be a practical miner and a resident of such district; and said persons so appointed for each district shall constitute a board of commissioners to perform within such district the duties <><>¤¤1><¤¤¤¤¢i¤¤. ew herein prescribed. They shall each receive for their compensation ten dollars for each day they may be actually engaged in the performance of their duties, which shall include their transportation and subsistence expenses, but the total amount of compensation to be paid to each commissioner annually shall in no case exceed the sum of twenty-five hundred dollars; and their accounts shall be audited by the Secretary of the Interior and paid monthly. Before entering upon their duties 0****- each of said commissioners shall take an oath to faithfully perform the Duties- duties of his office. Said commissioners shall make examination of the lands herein mentioned within their respective districts, and may also take the testimony of witnesses as to the mineral or nonmineral character of any of said lands, and receive any other evidence relating to said matter, and shall have power to summon witnesses to appear before them, and to administer oaths; and they shall, immediately upon Clnssinwion of their appointment, proceed to examine and classify the lands herein ]“"d“‘ mentioned within their respective districts, as provided in this Act, and shall fully complete said classification within the term of four years from the date of this Act. The oath of office of said commissioners shall be Bled by them in the office of the Commissioner of the General Land Office. All testimony taken by said commissioners shall be reduced to writing, subscribed by the witnesses, and Bled with the report of the commissioners hereinafter required. The action or decision of a majority of said commissioners in each district shall control in all matters herein provided for. That the commissioners shall perform the work of examination and classification herein directed according to such rules and regulations as the Secretary of the Interior shall prescribe.
 * .¤¤a»_¤» be one- Sec. 3. That all said lands shall be classified as mineral which by

°°° *"’ “‘"‘°’°" reason of valuable mineral deposits are open to exploration, occupation, and purchase under the provisions of the United States mining laws, and the commissioners in making the classification hereinafter provided for shall take into consideration the mineral discovered or developed on or adjacent to such land, and the geological formation of all lands to be examined and classified, or the lands adjacent thereto, and the reasonable probabilities of such land containing valuable mineral I>¤¤<=¤v¤<>¤· deposits because of its said formation, location, or character. The classification herein provided for shall be by each legal subdivision where the lands have been surveyed. If the lands examined are not surveyed, classification shall be made by tracts of such extent, and designated by such natural or artificial boundaries to identify them, as the commisioners may determine. Where mining locations have been heretofore made or patents issued for mining ground in any section of land, this shall be taken as prima facie evidence that the forty—acre rmsw. subdivision within which it is located is mineral land: Provided, That 1’°““““ °°“‘ ’“‘“* the word ‘· mineral," where it occurs in this Act, shall not be held to gow emxzinaticn. include iron or coal: And provided further, That the examination Mid ° " "°‘“' ‘ classification of lands hereby authorized shall be made without refe1‘· gmc 0; regard to any previous examination or report or classidcation ereo . _ sumysaumaswts Sec. 4. That such of the lands herein mentioned as have been sur- `"‘ °“'“"‘°‘* veyed prior to the passage of this Act shall be first examined and classified as herein provided, and afterwards, and as speedily as practicable, the lands herein mentioned which have not been surveyed, until all the lands herein mentioned shall have been examined and classified, as herein provided. m}_f::§¢l;lgueg_w¤ ¤f Sec. 5. That said commissioners shall, on or before the Bfth day of “ ‘ each month, file in the office of the register and receiver of the land