Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1877-11-15
A CRITIC CRITICIZED.
war Among the Rock sbarp..

80 -
mineral zone of Ruby Hill is causing
some discussion among leading OK.
perts and biologists. Professor Blake
having secuted the ons-ledge theory.
as sanctioned in the recent decision of
Judge Field, q writer In the Engineer.
ing and Mining Journal Professor
Raymond's psperl pays his respects to
him as follows:
In a letter dated Eureka, Nevada,
Oct. D, Professor w. T.. Blake informs
the New York Tribune that the recent
decision OF three United States judges
in the Eureka Richmond case involves
a rendering of the term ''lode," which
will not DO accepted by either practical
or theoretical liners. He says 1t is
ar innovation, q new and convenient
heresy, u%ntenable and absurd; and
that " 1t Is fraught with confusion and
litigation, and opens the door to the
wholesale sequestration Of miners
claims" And he adds whence, we
venture to say, the special interest he
takes in h question: that "a similar
modification of the ~well-known use
and meaning OF the words lode or
vein was invented and used In New
York last winter in defense of the sale
OF the Emma mine."
All these opinions, and some of these
phrases, reappeared last week at Ame-
mia, in a paper before the Institute of
Mining Engineers, in which Professor
Blake attempted to state, as he also
did in his Tribune letter, the theories
OF the opposing experts in the recent
litigation. In his paper, as in his let
ter, he pronounced the Courts con-
strnction of the terms "vein." ''lode,"
and ledge" in the law to be "a new
and convenient heresy;' but the de-
velopments Of the debate at Armenia
will probably lead TO some modifca-
ton of that rash statement. For it
speedily appeared that Professor Blake
had not read the testimony in the
Eureka Richmond Casa little pre-
liminary to the correct judgment of il
which he will now doubtless perform,
TO the great advantage of his own rea-
soDing. When his paper shall be pub
li>hed, we shall give TO its arguments
a candid consideration. Meanwhile,
courtesy would keep US silent, but for
the fact that Professor Blake, before
appealing to a professional tribunal,
has thought proper to pronounce a
dogmatic opinion in the columns of a
daily newspaper. 1t is this opinion,
and not the wiser and more moderate
n which a better knowledge of the
facts Will lead him to express, that we
criticise.
Prof. Biake's letter shows that he is
aware hat the court did not attemp t to
Fix or alter the geological definition of
the terms lode, I" '~'vein," or ledge"
hut only to determine their sense
"pithin the meaning Of the acts of Con-
gress." He must be aware aiso-at
least, everybody is-that the law fol
lows popular usage, rather than tech
nicsl distinctions. He should know,
moreover, that the law was intended
to cover, aud in practice does cover, all
kinds Of metalliferous deposits, except
placer and hydraulic mines. A care
full perusal of the decision (even with
out the testimony would have shown
him that 1t is based on the proved and
admitted facts of this particular case;
and a study of the evidence and the
maps, when he comes to that part of
his examination OF the subject, will re-
veal 10 him that among the facts of this
case are two or more tracings of contin-
ucus ore. connecting the "distinct
masses" Of which he speaks. 1t will
then dawn upon him that the signif
canoe OF the question whether the lime
stone zone of Ruby Hill is to be held as
the legal ''lode," is simply hat it de-
termines a general course and dip for
the definition OF legal rights-without
which there would be as many lodes,
courses and dips as there are threads,
lunches, cleavages, joints, and caverns
in the limestone.
L,nonu Drof D1oIa aen.rf.;n
either by an examination of the litera-
ture of the subject or by the shorter
method of reading the evidence in this
suit, that the practical conception of a
lode or vein which he regards as new
and m~ischievous, is in fact older than
any other; that it irresistibly pervades
the usuag of all authors; and that, as
long as miners continue TO be pioneers
in advance of the technical classified
tons Of men of science, so long they
will give this name to the zones OF
rock which they exploit as veins,
without waiting for the hair-splitting
definitions of the discordant schools.
We should be glad to know what is
the " well known use and meaning "of
the term "lode" which Prof. Blake
thinks has been violated. If it is the
definition of a true vein or assure
vein, as given in the books, does he
mean to insist that no other kind OF
vein be acquired by patent under
the United States law, or that the pat
entee of a vein, not a assure, has no
rights which experts are bound to re-
spect? Or If, on the other hand, he
would include in it contact veins. bed
veins. stockworks, appropriations, and
all other recognized classes Of ore de-
posits, does he overlook the fact that
the deposits of lead ores in magnetism
limestone are now declared even by
Gotta, to be a separate class =?
The fact that the pre-existent
try rock is, within certain boundaries,
included rs a part of the ore-deposit to
which. under the general term ''vein."
the law gives the miner the right,
should not alarm Prof. Blake. Half
the tin of Cornwall, o than half the
lead Of the world, nearly all the copper
Of this country, at least, and probably
all the mercury OF all countries, are
produced from zones of altered and
"mineralized" country rock. Let the
critic be treasured. The confusion "
which he fears is not a widespread or
a hopeless evil. In fact, with a little
patient inquiry, he can cure 1t himself