'seams," "beds," or "strata." The same is true of many iron deposits which are sedimentary deposits, such as the Clinton iron deposits of New York. These are members of sedimentary series, although in this case chemical agencies have played an important part in the formation of the deposits. However, deposits of the coal-like mineral albertite, which, as well as gilsonite and grahamite and some other bituminous substances, are found in fissures, are correctly called veins (Fig. 55, p. 166). The term "lode" (or "lead") which is used in the statute as synonymous with vein is not exactly so in the scientific sense. In one direction it is a narrower term, as it is only properly applied to deposits containing metallic minerals; but in another direction it is wider, for it may include some ore-bodies which would not be called veins as defined above. The word "ledge," also used in the statute as a synonym of vein, strictly means a vein which projects or outcrops markedly above the surface; but in its common. use it is interchangeable with the word "vein." XI Legal definition of a vein or lode; the Eureka case; other cases defining "vein" under statute; amount of mineral necessary to make a legal vein; the Grand Central Mammoth case; what is NOT a legal vein. LEGAL DEFINITION OF A VEIN OR LODE WE come now to the legal interpretation of the words "vein or lode" as used in the sections of the statute already quoted. If ideal conditions always existed, if mineral deposits invariably occurred in veins according to the scientific definition, and these were traceable on the surface so that the boundaries of mining claims could be correctly located in relation thereto; and, if these veins were sheets of mineral matter descending into the depths between well-defined walls, there would be few occasions for disputes and litigation. But, as the discussion and classification given above show, mineral deposits, even after excluding those which come under the provisions of the placer or other special sections of the law, occur in many different forms. Furthermore, the preceding outline of mining and geologic usage makes it clear that there is and has been much indefiniteness connected with the employment of the current descriptive terms. Consequently, litigation early arose; and one of the first disputed questions was what constitutes "a vein or lode of quartz or other rock in place" within the meaning of the statute, necessary to give statutory rights? This is a question of fundamental importance. It has been passed upon by the courts many times; but, as each decision was with reference to the facts of the particular litigation at bar, no single case contains a comprehensive definition of the terms. It seems that the best way in which to set forth the legal conception of a vein or lode, as defined and interpreted by the courts, will be to give the discussions and defi nitions relating thereto in the leading cases on this branch of the subject.1 An examination of the cases in question shows that there are somewhat different views held by the courts as to the meaning of the words "vein or lode," according to the circumstances surrounding the locations and the parties between whom the contest arises. In Migeon vs. Montana Central Ry. Co., 77 Fed., 249 (254), the court recognized this fact and gives a classification of the cases as follows: "There are four classes of cases where the courts have been called upon to determine what constitutes a lode or vein within the intent and meaning of different sections of the Revised Statutes; "(1) Between miners who have located claims on the same lode under the provisions of section twenty-three hundred and twenty. "(2) Between placer and lode claimants, under the provisions of section twenty-three hundred and thirty-three. "(3) Between mineral claimants and parties holding town-site patents to the same ground. "(4) Between mineral and agricultural claimants of the same land. Lindley suggests another class: 2 "(5) Controversies between a lode miner, who has penetrated into and underneath lands adjoining in the development of what he has located under the law applicable to lode claims, and the adjoining or neighboring surface proprietor, whose claim to the underlying mineral deposits rests solely upon presumptions flowing from surface ownership." 3 1 In the chapters concerning the legal definition of veins, apex, etc., and the applications of the extralateral rules, the writer believes that the best way to give the reader a real understanding of the import and exact application of the principles of the law, as made by the courts to the actual conditions of mining, is by presenting a series of carefully selected extracts from the leading cases which discuss the numerous phases of the application of the general principles of the law, rather than to attempt to state in his own language the conclusions of the courts. A decision of the higher courts is the law itself, concerning the particular subdivision or the particular facts and conditions involved, so that the part of the decision itself concerning the specific point is better than an abstract of the same by another person. The reader is thus enabled to judge better what the law is, with relation to the conditions of his own case, than he could from a general statement of a proposition of law without any discussion or description of the conditions and circumstances upon which the application of the rule of law was made. It is, of course, practically impossible for any one but a lawyer with a wellfilled library to have all of the reports of the United States courts and the higher courts of all the mining States throughout which the mining decisions are scattered. Consequently, it seems that the best way to give any one, not a lawyer, an adequate idea of these branches of our subject is by presentation of the essential parts from the decisions of the most important cases. This is accompanied by such diagrams, explanations, etc., and general discussion as would seem necessary to an understanding of the principle of law under consideration. At the end of the discussion on each situation, a concise statement of the law applicable thereto is attempted in the form of a brief rule. The collection of mining cases in Morrison's "Mining Reports" is very valuable to any one who wishes to investigate more fully the law, as found in the decisions, on mining subjects. 2 Lindley on Mines, sec. 201 3 Iron S. M. Co. vs. Campbell, 135 U. S., 286. The greater part of the litigation has arisen under the first subdivision, contests between miners located on same lode; and we will consider the judicial definitions of the statutory terms in this class first. CONTROVERSY BETWEEN MINING CLAIMANTS ON THE SAME LODE In this class of cases the interpretation placed upon the term "vein" or "lode" is the most liberal of any, and it only requires a very small amount of evidence of the existence of mineral, and this need not exist in paying quantities, to cause the courts to hold that such deposit gives the legal rights of a vein or lode to the claimant. The first case to pass upon this feature of the law of 1872 is commonly referred to as the Eureka case. The opinion in this case was written by Justice Field of the United States Supreme Court, the case having been tried before him while holding United States Circuit Court. The fundamental and immense practical importance of the subject and the able treatment of it in this case justifies an extensive citation from the opinion. It has settled the general interpretation of this feature of the law of 1872 and has been approved by the United States Supreme Court in Iron Silver, etc., Co. vs. Cheesman, 116 U. S., 529. The geological features of the district in which the properties were located have been the subject of two monographs of the United States Geological Survey.5 According to Curtis: "The main beds of Ruby Hill are an underlying mass of quartzite, a broad zone of mineralized limestone and an overlying belt of shale, all of which have been tilted so that they stand at an angle of about 40 degrees; this angle being somewhat greater in the upper than in the lower workings of the mine." (See Fig. 56, p. 170.) The situation of the vein, wall, rock, etc., as it appeared to the court from the expert and other evidence in the case, is stated as follows in the opinion: 5a "The mining ground which forms the subject of controversy is situated in a hill known as 'Ruby Hill,' a spur of Prospect Mountain, distant about two miles from the town of Eureka, in Nevada. Prospect Mountain is several 4 Eureka, etc., Co. vs. Richmond, etc. Co., 4 Sawyer, 302. See p. 241 for map. 5 Monograph VII, J. S. Curtis, "Silver-Lead Deposits of Eureka, Nevada"; Monog. XX, Arnold Hague, "Geology of the Eureka, Nevada District." sa Eureka, etc., Co. vs. Richmond, etc., Co., 4 Sawyer, 302, Fed. Cas., 4548, 9 Morr M. R., 578. miles in length, running in a northerly and southerly course. Adjoining its northerly end is this spur called 'Ruby Hill,' which extends thence westerly, or in a southwesterly direction. Along and through this hill, for a distance slightly exceeding a mile, is a zone of limestone, in which, at different places throughout its length, and in various forms, mineral is found, this mineral appearing sometimes in a series or succession of ore-bodies more or less closely connected, sometimes in apparently isolated chambers, and at other times in what would seem to be scattered grains. And our principal inquiry is to ascertain the character of this zone, in order to determine whether it is to be treated as constituting one lode, or as embracing several lodes, as that term is used in the Acts of Congress of 1866 and 1872, under which the parties have acquired whatever rights they possess. In this inquiry, the first thing to be settled is the meaning of the term in those acts. This meaning being settled, the physical characteristics and the distinguishing features of the zone will be considered. m FIG. 56. Section at Eureka, Nevada; a, underlying quartzite; "Those acts give no definition of the term. They use it always in connection with the term ' vein.' The Act of 1866 provided for the acquisition of a patent by any person or association of persons claiming 'a vein or lode of quartz, or other rock in place, bearing gold, silver, cinnabar, or copper.' The Act of 1872 speaks of veins or lodes of quartz or other rock in place, bearing similar metals or ores. Any definition of the term should, therefore, be sufficiently broad to embrace deposits of the several metals or ores here mentioned. In the construction of statutes, general terms must receive that interpretation which will include all the instances enumerated as comprehended by them. The definition of a 'lode' given by geologists is, that of a fissure in the earth's crust filled with mineral matter, or more accurately, as aggregations of mineral matter containing ores in fissures. (See Von Cotta's "Treatise on Ore Deposits," Prime's translation, 26.) But miners used the term before geologists attempted to give it a definition. One of the witnesses in this case, Dr. Raymond, who for many years was in the |