The Marble times and Crystal silver lance., 1901-01-11
What Is "Ore''?

of the meaning of the word ore, I do
not remember any such definition by a
United States court.
II am correct in my impression that
no such definition has been made, l
think the reason is simple. The Unit
ed States mining law provides for the
exploration and purchase of "all valu-
able mineral deposits upon the public
land. Section 1920 of the Revised
Statutes speaks of crock in place,
hearing gold, silver or other
valuable deposits. - The term "ore"
does not occur in these sections. But
by Section 1876 it is provided that in
the case OF intersecting lodes, the prior
location shall be entitled TO all the
"ore or mineral" contain within the
"spsce of intersection. The appli-
cation OF this section does not seem
likely to require separate and pre-
else definition of "ore'': and so far as
| know, has meyer involved such de-
iinition.
The United States decisions always
speak OF ''ore" or mineral in the
sense of material valuable to the miner:
and, in Burke VS.. McDorald - Idaho,
646), and Montana Central Rally. VS..
Migeon t63 Federal, Sly, distinction
was made between such material and
barren ''vsin matter"
The nearest approach which [ can
recall to a judicial consideration of
the question, What constitutes an
"ore"? were made in the celebrated
New Jersey zinc cases Zinc Company
VS.. Franklinite Company, Ii Equity,
80, and IL Equity, 4lS; and Lehigh
Zinc and Iron Company VS.. New Jer-
sey Zinc and Iron Company, 55 Law,
350), in which, according to my recol-
lection, many learned experts testified
on this point. But the decisions them
selves seem to follow in interpreting
the mining leases or grants under dis
cussion, the rule OF common law, that
the intention OF the parties { if it can
be ascertained) rather than any scien-
tifc later definition of the terms they
used, must control. Hence it was held
that the material called zinc ore" at
the time when a given lease was exc
cuted. must be so considered in the
construction of the grant, although it
might be proved to have contained
much material not zinc ore. In one of
these cases, moreover, the court held
that the zinc or zinc ore conveyed by
the lease must consist of veins, Strata
or masses ''in quantity and richness
worth mining for zine As whole,
these cases do not set up any general
definition of "ore," but only construe
given and very peculiar) pair of
mining leases, in the light of proved
and very peculiar local and tempor-
ary conditions.
Though the courts have not declared
themselves on this question, there are
several definitions in current technical
literature which throw some light on
the logic, the history and the usage Of
the term ''ope.''
The word itself is derived from the
Anglo-Saxon ora" related to ''ar"
brass or bronze "a form which can
be treated through many other langu-
ages, including the Latin. In like
manner, the German "Erz'' originally
meant brass or bronze. Unque5tion-
ably, the earliest notion of ''ore' was
that of d mineral compound, in which
a valuable metal was contained, not in
its metallic state, but in combination
with other substances. But rocks con-
tanning native metals are now univers-
ally included in English literature, at
least) among ores. though loose earth
containing native metals is not SO in
cluded.
Prof. Tarr, OF Cornell University, in
his Economic Geology of the United
States" 1894, says: San ore may be
defined as mineral with metallic
base:" but qualities this definition by
adding that it may be native metal
or a metal with q 'mineralizer, and
that, properly speaking, the metallic
constituent should be predominant
He doubtless means predominant in
Ealue; since, in many ores, the pro-
portion of metal by weight or volume
is relatively small. There is no doubt
for instance, that material containing
0.o2 per cent. of gold, or OIL per cent.
of silver, or per cent. OF copper,
would be, under favorable cond itions,
profitable ore of the corresponding
metal. Prof. Tarr adds further, that
''the miner considers an ore to be
mineral with metallic base, occurring
in sufficient abundance to be econcmi-
cally valuable; but, from the scientific
standpoint, a grain of magnetic in a