Harlan F. Stone

“ On February 4, 1918, Braffet, respondent's intestate, filed in the local land office at Salt Lake City his application to purchase the lands as coal lands. At this time, and for many years before, the settled practice of the Land Office, under Rule 1 of the Regulations of March 6, 1903, 32 L. D. 39, had been to treat applications for purchase, under the mining laws, of parts of a section designated in the school-land grant, where made after the date when the grant would attach if the land was nonmineral, as a contest of the state's right. ”

“ After the Leasing Act, coal lands of the United States were subject to disposition by the Secretary only by lease 'except (under section 37) as to valid claims existent at date of the passage of this act and thereafter maintained in compliance with the laws under which initiated, which claims may be perfected under such laws, including discovery.' Braffet's application was for the purchase of mineral lands and not for a lease. ”

“ Braffet's application was so treated. The state was cited and answered, protesting the application, and setting up that the lands were not known coal lands on the date of the grant to it. The coal company intervened and made like answer. Braffet assumed the burden of the contest and offered evidence. At the conclusion of his case motions of the state and the coal company to dismiss were granted without the submission of testimony in their behalf. ”