Arizona citizen., 1873-08-02
DEPARTMENT OF THE INTERIOR,
 GENERAL LAND OFFICE,

GENERAL LAND OFFICE, 1 WASHINGTON, D. C., July Il, 1873. !
 John Wasson Esq, U. s. Surveyor General, Tucson, Arizona. Sir: For your information, I enclose herewith & copy of letter to J. R. Hardenbergh, Esq, Surveyor-General for California, giving my construction of the ex- pressions valuable mineral deposits ' and "rock in place" as used in the mining act of May 10, 1872. Very respectfully. WILLS DRUMMoND,
 Commissioner DEPARTMENT OF THE INTERIOR, ]
 GENERAL LAND OFFICE,
 WASHINGTON, D. C., July ,, 1873. ! J. R. Hardenbergh, Esq, U. $. Surveyor-GeneraI, San Francisco, Cal. Sir: 1 have had under consideration a number of letters, mostly from Cali fornia, wherein inquiries are made as to the proper course to pursue to obtain title to public lands containing valua- ble deposits of borax, carbonate and nitrate of soda, sulphur, alum and asphalt. Among them is one from the Nevada Consolidated Borax Com pany, from which 1t appears that this Company intends to commence the utilization of the alkaline plains of Nevada.
 TLe first section of the Act of Con- gross, approved May 10, 1872, reads as follows: "That all valuable " mineral deposits in lands belonging " to the United States. both surveyed and unsurveyed, are hereby declared to be free and open to exploration ''and purchase, and the lands in 'which they are found to occupation " and purchase, ," &c.
 The second section declares "That " mining claims upon veins or Iodes of ''quartz or other rock in place bear ling gold, silver, clnnabar, lead, tin, " "copper or other valuable deposits " heretofore located" &c.
 Section SIX refers to "a patent to- ." any land claimed and located for "valuable deposits.
 It will be observed that in the first section of the Act, the expression "valuable mineral deposits" " IS en- pIoyed; while in sections two and six the language is valuable deposits. y Allowing however that 1t was the in tention of the lawmakers by this act ito dispose of valuable mineral de- posits" the question becomes this, what is valuable mineral deposit? ?
 The meaning of the word valuable need not be discussed. Anything person is willing to give money for or that is useful or precious, or that has mercheutable qualities is valuable.
 The word deposit has always been construed by this office to be a general term embracing veins, lodes, lodges, placers and all other forms in which valuable metals have ever been dis covered.
 In the sense in which the term min eral was used by Congress, 1t seems difficult to find definition that will embrace what mineralogists agree should be included. The several au- thorities consulted in this connection seem to find it an easier task to determine what Is not than what is mineral. However all the works or mineralogy that have come under my notice, borax, nitrate and carbonate of soda, sulphur, slum and asphalt, are classified and discussed as minerals.
 Alger's edition of Phillips Miner alogy speaks of "the crust of the globe as consisting chiefly of earths and earthly minerals" Between earths and minerals there IS clear line of demarkation and though diff tcuIt to expresss in a few words, chemical composition and crystahza- ton are the principal means of tracing the distinction.
 Webster seems to be the most ac- curate in his definition of mineral for he recognizes chemical composition : as the important consideration. He defines mineral to be "any inorganic species having 8 definite chemical composition. '"
 From careful axaninaticn of this ! matter, the conclusion I reach as to : what constitutes "a valuable mineral | deposit is this:
 That whatever is recognized as a mineral by the standard authorities on the subject where the same is found i ID quautity and quality to render the land sought to be patented more val ueble On it's account than for pur- pose' of agriculture, should be treated