CHAPTER VII. OF COAL LANDS AND OF IRON LANDS. § 335. Coal lands are mineral lands, as a general rule tions. 336. Iron lands generally-How classified. 337. Résumé of the foregoing — Distinctions between lode, placer, valuable deposit. § 335. Coal lands are mineral lands, as a general rule Special exceptions.- Coal lands may be entered by persons properly qualified without having previously made any location. Indeed, in the statutes with reference to reservations of mineral lands, it is not classed in railroad grants as mineral land. But this may be considered as a special rule merely, and does not alter the fact nor the general rule that coal is a mineral for all purposes of mining law. It is not necessary for us to decide at the present time what the manner of its creation, nor what the manner of its occurrence, nor that it may or may not be chiefly of vegetable origin. It comes within our definition and within the common definition of mineral,' and is, therefore, for the purpose of this work, to be so considered. But inasmuch as no previous location of a claim is necessary, the initial step in claiming it being the filing of the declaratory statement in the land office, the treatment of the question more properly belongs to the part of this work devoted to the application. for patent, and its consideration will therefore be postponed to that time.2 $336. Iron lands generally - How classified.- Iron mines and claims within the United States are composed of three classes: First. The iron mines within that portion of the public domain where the mining laws do not apply, such as Ala2 Post, Part X, ch. II. 1 Ante, Part III, ch. I. bama, Wisconsin and Minnesota, and all other states where iron may be found, and where by express statute the mining statutes do not apply. In all such states iron land may be entered and patented the same as agricultural land.1 Second. Where iron is found in stratified beds between defined boundaries, or where it is found in fissures, it must be classified as a lode claim, and may be located and patented as such,2 Third. Where it is found in any other form, as in unstratified beds or bog iron, and under such circumstances as that it cannot be said that it lies within defined boundaries, it would seem to follow that it must be classed as "other valuable deposits," and consequently be located only as placer.3 There has been some discussion in the land office1 somewhat at variance with these observations. But we are satisfied, after a careful examination of the law, that this is the logic of the situation, and the construction that must ultimately be placed upon the law. § 337. Resume of the foregoing-Distinctions between lode, placer, valuable deposit. It is not our purpose to review at length all the matter contained in the foregoing part of this work, but merely to show as best we may the distinction which should be drawn between metallic or nonmetallic minerals found within lodes or veins of rock in place, gold placer, and all other placer and valuable deposits. We have briefly illustrated this in the last preceding section with reference to iron deposits or veins, and it would seem that this, taken in connection with what we have elsewhere said in this work, except to elaborate somewhat, 1 See Act of March 3, 1883. 22 Stat. at L 487; 1 Supp. R. S. U. S. 404. See also ante, Part III, ch. II. 2 Com. Drummond to Sur. Gen. Silas Reed, Copp's Min. Lands, p. 124; Lindl. Mines, § 323. See also Barringer & Adams on Mines, Preface, lxxxiv, lxxxvii. 3 Barringer & Adams on Mines, Geological Preface, xcix, cii. 4 Wheeler v. Smith, 23 L. D. 395. 5 See ante, Placers Generally, § 309; also ante, Part III. leaves nothing to add in order to demonstrate what the real intention of congress was in passing the mining law, arranged as it was, and speaking as it did, from the standpoint of experience at three different dates in our national history. It must be remembered that the statute of 1866 attempted to deal exclusively with the rights of the miners to lode claims, providing who might locate them and providing for the patenting of the same, and crystallizing in statutory form the sentiment which had taken firm hold of the miners of the Pacific slope, to the effect that aliens should be excluded from ownership; and the necessity, which experience had demonstrated, of recognizing and protecting the new right which had grown up and been recognized by the miners themselves, of pursuing the vein on its dip, which found expression, in the second section of the statute, in these words: "Together with the right to follow such vein or lode, with its dips, angles and variations, to any depth, although it may enter the land adjoining, and the land adjoining shall be sold subject to this condition." This statute, it will be observed, included cinnabar, which never was found in the form of veins, to our knowledge, but was silent upon the subject of placer claims. To supply this defect or omission in the law the statute of 18702 was passed, which was commonly known as the Placer Law. It will be noted, as we have elsewhere observed, that this statute in turn makes two classes of placer or deposit claims one gold placer, and the other all other forms of "valuable deposit." Nor can we agree with the reasoning of Secretary Hoke Smith, or rather of the assistant attorney-general and approved by him, in which he is made to say in effect that he regards it as plain that congress only contemplated that lands valuable for the more precious 1 Act of July 26, 1866, 14 Stat. at L., p. 251, sec. 2. 4 Wheeler v. Smith, 23 L. D. 395. See also Wheeler v. Smith, 5 Wash. 2 Act of July 9, 1870, 16 Stat. at 704, 32 Pac. Rep. 784. Compare L, p. 217. 3 See ante, §§ 308, 309. Freezer v. Sweeney, 8 Mont. 508, 21 metals could be patented as lode claims. To our mind it is equally plain that congress had in contemplation the means of providing for the location, sale and patenting of the mineral lands of the United States within the public-land portion thereof, which should not otherwise be withdrawn from the operation of such statutes; that ample provision was made for this purpose, and that the form of mineral occurrence within a given tract of land should furnish the test as to what law was applicable, and, following which, whether the same should be locatable as lode claims or as placers. Not to repeat, we think we are justified in extracting the following conclusions from the law on this subject, and in doing so we are not unmindful of the every-day experience of the miner within the Rocky Mountain and coast ranges, that veins or lodes cannot be described by any one controlling and general definition; that there are veins of intrusion, veins of substitution, fissures and bedded veins; that a lode may compose. many veins, spurs and offshoots; but that a true fissure vein should not be swallowed up by any broad vein or zone or broad-lode theory. With these preliminary observations we epitomize: First. That any lode, vein or deposit of rock in place between defined or definable boundaries containing any of the precious or economic metals or minerals, excepting coal, whether metallic or non-metallic, should be held to be and is locatable and patentable as a lode claim. Second. That placer includes all forms of mineral or metal-bearing earth not comprehended by the term "rock in place," and that it is again subdivided into (a) Gold-bearing gravel or placer, whether it be found in gravel beds, that is, the beds of ancient rivers or glaciers, or whether it be in the slide or drift of the mountain side or beneath the surface of a river, lake or sea. (6) All other forms of valuable deposit of mineral or metal-bearing earth, including all forms of building or other stone deposits that are not within defined boundaries, whether they are mineral or metal bearing, or classed as non-metallic or merely as building stone. PART VII. OF THE ESSENTIALS OF A VALID LOCATION. CHAPTER I. OF DISCOVERY-ITS DEFINITION, ITS CHARACTER, SUFFICIENCY AND IMPORTANCE — EFFECT OF LOSS OF. § 340. General principles - Preliminary observations The statutes of the United States General essentials of a valid location. 341. Definition of location. 342. Definition of mining claim - Distinction between, and locationGroup of locations is a "claim." 343. Canadian definitions. 344. Definition of discovery. 345. Same subject - Other definitions by the courts-Mineral-bear ing rock in place. 346. Discovery continued under state statutes. Commentary upon special meanings 847. Same subject - Decisions and definitions of discovery under state statutes - Discovery shaft must be on unappropriated ground — Discovery shaft in general — Relation of, to claim. 348. Same subject - What constitutes a valid discovery - Rich or poor-"Float rock "-"Ledge matter"- What a miner would follow as a vein. 349. Some special rules and princip'es relating to discovery, and of the degree of certainty and good faith required. 350. Posting on ridge of rocks - Speculative proceeding — Good faith required. 351. Effect of loss of discovery - On two claims. 352. Exceptions - Contract to deed back - How question raised. 353. Discovery elsewhere on the claim. 354. Discovery after location effect. - New discovery after loss, when takes 355. Importance of discovery - First in time, stronger in right. 356. State statutory provisions as to discovery and discovery work. 357. Presumption of location and discovery - Statute of limitations. 358. Discovery gives time to complete location - The rule independ ent of state statutes. 359. Discovery essential - Possession for that purpose protected. 360. Discovery on placer ground. |