“ An exposure to the eye of coal upon the particular lands was not essential to give them a then present value for coal mining. They were all adjacent to the outcrop and above the plane of the coal-bearing strata dipping under the valley. In alternate evennumbered sections they substantially paralleled the outcrop for 7 miles, and in two places were separated from it by only a few rods. Those to the north were opposite the company's developed mine (No. 4) , and those to the south were opposite the tract acquired through Lees, upon which good coal was disclosed. ”

“ The expert for the government proceeded upon the theory that when the known surroundings are such that practical coal men would invest in particular lands for coal mining, or advise others to do so, those lands are to be deemed coal lands, even though coal has not as yet actually been disclosed within their limits. ”

“ We also say lands known at the time of their sale to be thus valuable, in order to avoid any possible conclusion against the validity of titles which may be issued for other kinds of land, in which, years afterwards, rich deposits of mineral may be discovered. It is quite possible that lands settled upon as suitable only for agricultural purposes, entered by the settler and patented by the government under the pre-emption laws, may be found, years after the patent has been issued, to contain valuable minerals. ”

“ The outcrop, the disclosures in the vicinity, and the geological formation pointed with convincing force to a workable bed of merchantable coal extending under the valley and penetrating these lands. These conditions were open to common observation, and were such as would appeal to practical men, and be relied upon by them in making investments for coal mining. ”

“ Mineral lands, including coal lands, are not subject to acquisition under the homestead law (Rev. Stat. §§ 2302, 2318, 2319, 2347-2351, U.S.C.omp. Stat. 1901, pp. 1410, 1423, 1424, 1440, 1441) , and these affidavits were made and submitted as proof that the character of the lands applied for was such that they properly could be acquired under that law. The land officers accepted the affidavits and the statements, therein as true, and allowed the entries and issued the patents. ”

“ There is no fixed rule that lands become valuable for coal only through its actual discovery within their boundaries. On the contrary, they may, and often do, become so through adjacent disclosures and other surrounding or external conditions ”

“ It will be perceived that we are not here concerned with a mere outcropping of coal with nothing pointing persuasively to its quality, extent, or value; neither are we considering other minerals whose mode of deposition and situation in the earth are so irregular or otherwise unlike coal as to require that they be dealt with along other lines. ”

“ The tract was within a half mile in each of three directions from lands here in controversy.
As indicative of the weight and importance which men having a practical knowledge of coal mining attached to the outcrop at the time, the government proved by an experienced mine foreman, who had been in charge of large mines, known as the Cumberland, adjacent to a portion of the lands in controversy, that those mines were opened in 1900 by reason of what was found on the outcrop ”

“ The patents, thirty-four in number, were issued under the homestead law upon what are called soldiers' additional entries. The applications for the entries were made at various dates beginning with May 1, 1899, and each application was accompanied by an affidavit, by either Sneddon or Harrison, stating that he was well acquainted with the land, had passed over it frequently, and could testify understandingly about it; that there was not, to his knowledge, any deposit of coal or other valuable mineral within its limits ”

“ They did so appeal to the Cumberland people, as well as this company, both large concerns represented by men of experience, understanding the uncertainties and hazards of the business as well as its rewards. ”