Nelson v. Brownell

(after stating the facts as above).

It is contended that an exception to the rule that the jurisdiction of the land office to determine the question of the mineral or nonmineral character of land as between a mining claimant and a homestead settler is exclusive is created by the provisions of Act Cong. May 14, 1898, c. 299, 30 Stat. 409 , as amended by Act March 3, 1903, c. 1002, 32 Stat. 1028 ( 48 U.S.C.A. § 371 ). The act of May 14, 1898, entitled “An act extending the homestead laws and providing for right of way for railroads in the District of Alaska and for other purposes,” provides, in the first *767 section, that the homestead land laws of the United States and the rights extended thereunder, including the right to enter surveyed or unsurveyed lands under the provisions of law relating to the acquisition of title through soldier’s additional homestead rights, are extended to the District of Alaska, subject to such regulations as may be made by the Secretary of the Interior. Then follow provisions for rights of way to railroads, and rights of way for wagon roads and tramways. Section 10 ( 48 U.S.C.A. §§ 359 and note 461-465) provides: “That any citizen of the United…