The Idaho world. [volume] (Idaho City, Idaho Territory) 1864-1918, 1873-08-14

Registers aud Receivers Of the various Land
Offices:
DEPARTMENT OF THE INTERIOR,
GENERAL LAND OFFICE. !
Warrington. d. G.. July ID, 1878.
GENTLEMEN: I have had under consideration q
amber Of letters. mostly from California. wherein
nQuiries made to the proper course TO pursue
obtain title to public lands containing valuable de-
osits Of borax carbonate aud nitrate OF soda. sui
|hur. alum. aud asphalt Among them IL one from
he Nevada Consolidated Borax Company, from
Fhich 1t appears that this company intends to CON-
hence the utilization Of the alkaline plains Of Nevada
The first section Of tho act Of Congress approved
May TO- 1872, reads IS follows That ALL rdtuabte
siserai depoats in lands belonging 10 the United
states both surveyed aud unsurveyed are hereby
declared be free aud open to exploration and pur-
chase aud the lands in which they are found ~ &C.
eupation and purchase" &c.
The second section declares "that mining claims
ap0n veins or lodes Of quartz or other rock. In
plAce-bearng gold. silver. cnnnbar. lead. tin cop
ber or olAev rauat deposits heretofore located &c.
The sixth section refers to 81 patent for any land
claimed and located for valuable deposis."
II will be observed that ia the rst section Of the
vet the expression " valuable miaerdl deposits " is
Employed while in the second and sixth sections the
language il. - valuable deposits.' Allowing. how
vcr that il was the intention Of the lawmakers by
his act 10 dispose Of valuable Mineydi deposits. "
hc question becomes this. "what IL valuable
hincrzl deposit -
The meaning Of the wsrd valuable need not DO dis
usscd. Anything person Il willing 70 give money
or. that 10 useful Or precious or that has mer.
(hantable qualities. 10 valuable.
The word deposs has always been construed by
,dcs. lodges. placers aud all other forms in which
Fsiuable metals have ever been discovered.
In the sense in which the term mineral was used
BY Congress. Il seems dif1cut 10 ind definition that
vail embrace what intercollegiate agree should be in-
GUIDED. The several authorities consulted In this
connection 10 hnd IL easier task to determine
what u not than what il. mineral However. IN all
Inc works on mincraiogy that have come under my
notice. borsx. nitrate and carbonate Of soda. sui.
phur alum. aud asphalt are classified aud discussed
. minerals.
thc crust OF the globe consisting chiefly Of earihs
Ind earthly minerals" Between carths and minerals
there 10 . clear line o! dcmarka ton. and. though
difcult to express in few words, chemical com po-
stion aud capitalization are the principal Of
tr scing the distinction.
Webster seems 10 be the most accurate In his def
position "a the important consideration He defines
mineral 10 DO ''any inorganic species having del.
mite chemical composition.
From q careful examination Of this matter. the
conclusion reach 10 what constitutes "a valuable
mineral deposit +" IL this:
That whatever IL recognized a. . mineral by the
standard authorities the subject where the same
Is found In quantity and quality t. render the land
sought TO be patented valuable on this account
than for purposes Of agriculture. should bc treated
by this ONCE ~ coming within the purvicw Of the
mining act Of May III. 1872.
The language Of the statute IL 10 comprehensive
and capable OF such liberal construction that can
avoid the conclusion that Congress intended II
general mining law. " 10 promote the development
OF the mining resources Of the United States. and
to Afford method whereby parties holding the pos
sessory right under local laws aud regulations
could secure title to tracts containing valuable accrc-
tons deposits Of mineral substances except where
. special law might intervene, rcserving from sale,
or regulating the disposal Of particularly specified
mineral bearing lands
therefore reply that lands valuable on account Of
borax. carbonate OF Soda nitrate Of soda sulphur,
ALUM and asphalt well A. " all valuable mineral
the provisions Of the mining act OF May 10. 1871
In case an application should be presented to you
for survey Of land valuable for other minerals than
those specified herein and in the act ITSELF you will
Hrst refer the question to this ONCE, in order that
applicants may be saved the expense Of applying for
lands that may be reserved by special act Of Con.
gress.
1t will be observed that the mineral producing
lands divided into two classes-the class
braces lands where the mineral matter Is within
and the second includes piacers and all forms Of de.
posts excepting those in " rock In place."
In this connection, deem 1t . matter Of import
snce give the construction this Office places upon
the expression. "vein or lode Of quartz or other
rock In place" to prevent mistakes in locating the
two classes Of mines referred TO- thereby saving to
claimants considerable expense and delay.
In geology and among miners, veins lodes i'm.
ply generally aggregation of mineral matter found
In the assures of the rocks which inclose It, but are
Of great variety. veins differing very much in their
lOEuotsOu euu SPPoAESuCos AOO0 ID Term IN gem
ersl use among the tin.miners of Cornwall and was
introduced on the Pacific coast by emigrants from
the Cornish mines. and signifies = assure filed
either by metallic or earthly matter.
In several OF the mining districts tho terms lead
and ledge employed in the local regulations con.
corning mines. Lead is used to convey the same
idea 90 lode, while ledge would seem to indicate
layer or stratum Of mineral interposed between
course or ridge OF rocks.
Veins may be either sedimentary, plutonc, or seq.
regated, or Of inhltration sttrition, depending
upon the peculiar formation or tho mode Of occur.
renee Of the mineral deposit There IL also another
form Of deposit different from either Of those men.
toned above, called contact deposit.
European miners mention still others, called in
England "foors." In Germany "Stockwerke" and
10 form Of deposit known ~ Falkland" These
irregular In their dimensions. but presenting Ger.
tain degree Of parallelism with each other. Simi.
lar respects to the Fahlbands are the metal.
liferous zones or "amygdaloidal bands" which are
said to exist on Mount Lincoln and Mount Bross
Colorado.
However. II the question were raised, neither Of
the forms Of deposit known - contact deposit Fahl
metallferoas veins. nor could It frequently be made
to appeae without expensive excavation whether the
metal In the mine for which patent ID sought occura
In the form Of true vein or not.
But there 10 no reason for supp0sing that the terms
were employed in their strict geological adjudication
The plain object Of the law IL to dispose Of the min.
eral lands Of tho United States for money and
general phrase "vein or lode Of quarts, or other
rock In place." must b. sold It the rate Of ve dol
lars per sore.
II IL evidently the policy Of thu Government 70 In
clude - much laud - possible under this designa-