Part 3

_Chance_ discoveries are those that are made purely without premeditation. They have been a dominant factor in the mineral development of the past. The discovery of _gold_ in California came about through the noticing of shiny, yellow flakes of metal in a ditch leading to a saw-mill. The great _iron_ mines of the Mesabi Range were found by the ore clinging to the roots of an overturned tree. The Wallaroo _copper_ mine, the greatest in Australia, was discovered by the green minerals brought to the surface in the excavations of a wombat. The famous Sudbury _nickel-silver_ ore bodies were disclosed when making a railroad cut on the Canadian Pacific Railroad. The Reddington _quicksilver_ mine, in California, was similarly opened in a cut for a wagon road. The mining of _silver_ at Catorce, Mexico, followed the discovery of shining silver nuggets in the camp-fire of a native, who had camped right upon a rich outcrop. The Kimberly _diamond_ mines are said to have been disclosed by the burrowings of an ichneumon, which fetched a brilliant stone to the sunlight.

_Adventitious_ finds are such as occasionally occur when, while really searching for, or actually mining, one metal, discovery is made of a different metal, or possibly the same metal is found in an entirely different kind of ore. The Comstock lode of Nevada was originally a _search_ gold discovery, the gold having been sought and found by two prospectors with ordinary gold pans. In their working to recover gold, a black mineral and a yellow sand were discarded from the pans and rockers. Curiosity of one man resulted in the identification of these two minerals as ores of silver which henceforth were held as valuable as the native gold. The Anaconda mine, at Butte, Montana, was located, and for some time worked as a silver proposition; but the values gradually changed with depth from silver to copper, until now silver is only a valuable by-product. The rich lead-silver ores of Leadville were discovered as _adventitious_ to the operation of the rich gold placers in California Gulch. A heavy, troublesome rock which accumulated in the sluices, much to the disgust of the miners, turned out to be cerussite, a fine ore of lead. This same district now produces in commercial amounts gold, silver, lead, iron, zinc, copper, and manganese. The Treadwell mine on Douglas Island, Alaska, was first worked as a placer and the values were found to extend downward into the underlying rock in a place which proved to be an immense deposit of eruptive, gold-bearing ore.

As the old-fashioned, venturesome kind of prospecting has but recently been crowded off the scene by the better, scientific kind, let us not overlook the great discoveries that were made in the past before we had applied "organized common sense" to such a field of activity. Those original prospectors were searchers, hunters. They had no guides, but they did accomplish a great deal, and their discoveries were rewards for diligence and hard labor which were, to a great extent, often misdirected.

VI

MINING CLAIMS.

The process of acquiring title to mining property may be viewed from a number of points. Such property is real estate and, as such, it may be bought and sold or otherwise transferred exactly the same as farms or city lots.

The United States has constructed an elaborate system for the disposal of its public lands to individuals, under various classifications, such as homestead, desert land, timber and stone, timber culture, coal, placer, and lode claims. Different rules apply to the filing upon, improvement and patenting (acquiring deed from the Government) of these various kinds of claims. The character of the lands in the public domain is decided by the surveyors who execute contracts from the General Land Office for subdividing or staking the country off into townships and sections, according to our American system. In the return of each surveyor's notes, he recommends the sale of the land according to his judgment as to its highest value. There has naturally been a good deal of erroneous conception upon these points, with the result that, often, land has been later shown to be entirely different in its character from the classification given to it by the contracting surveyor; for the qualifications of such a person are not always of a high grade, when it comes to geological questions. And yet, on the whole, the scheme has worked out well and much fraud against the Government has been prevented by the rigid practice.

The Government prices for some of the various classes of land have been as follows: agricultural, $1.25 per acre; coal, $10 per acre when the land was not closer to a railroad than 15 miles, and $20 per acre when it lay within this limit; placer, $2.50 per acre; lode, $5 per acre. These have been the prices demanded for the land only; the payment of these amounts, in many cases, has constituted a small fraction of the expense of securing the original deeds from the Federal Government.

Coal lands may be located very much the same as a homestead, with the exception that residence upon the ground is not required, nor are improvements essential. In cases of dispute as to priority of location, the land office will recognize those claimants who have expended the greater amounts in improvements. One citizen may locate but one claim of 160 acres.

Since April 10, 1909, the Government has been disposing of its public coal lands under a classification that takes note of many details. The kind, grade, thickness, and purity of coal; the number of workable seams; the depth; the features of local supply; transportation facilities; and the average prices at which similar private tracts are held, are among the items recognized in the classification. Probably no two tracts will be sold at the same rate. In general, the new prices are higher than the flat prices that formerly prevailed and some pieces of land are now estimated as high as $175 per acre. In every case of application to purchase coal land, hereafter, the area in question will undergo inspection by Government experts and a price will then be assessed. This law is being severely opposed as being unreasonably severe, and its amendment may be looked for.

Placer lands were formerly permitted to be taken up in any shape, the boundary stakes being placed upon the ground in such a manner as to include only the desirable area, which is usually of an alluvial nature along some valley or gulch. This practice has been forbidden, however, and a locator is now obliged to take up his land in quadrilateral tracts conforming to the subdivisions of the so-called Public Survey. By this rule, it is permissible to file upon land which is laid off into lots of not less than 1/16 of a quarter section--or ten acres--and a claim may be composed of such lots as lie contiguously and which may thus be considered as one complete workable area. The claims are often of zigzag or L shapes, but the locator is enabled, at the extra expense of subdivision surveying, to avoid filing upon, and paying for, much ground that he feels is not desirable in a placer claim. The Government does not survey public domain into smaller tracts than quarter sections of 160 acres each, so that in the taking up of placers it often involves a great deal of expense to carry the subdivisions upon the ground into sufficient detail to ascertain the location of boundary corners.

One person is entitled to as many placer claims as he desires. Each claim of a single individual may contain not to exceed 20 acres and, as said, it must be of one continuous area. Associations of citizens to the number of eight may unite in the location of 160 acres, which will then be held in equal and common interest by the several locators. The restraint placed upon greed in the matter of locations, either placer or lode, lies in certain expenses entailed in work or improvements upon the land before patent may be issued and the legal requirement of the performance of labor upon each claim amounting to $100 per annum. Also, it is required that _bona fide_ values be disclosed upon the ground. For each 20 acres located under the placer laws of the United States, not less than $500 worth of improvements must be made before the issuance of a patent.

The legal (not the technical) definition of lode land covers all grounds containing deposits of ore in its natural and original place of deposit. Under the laws, therefore, a citizen may file upon a tract of land to include a vein, lode, mass, chimney or any other form of ore body. The laws were framed at a time when miners were familiar only with the steep, tabular forms, synonymously termed veins or lodes in their nomenclature, and there were introduced features which time and progress in geological investigations have proved to be entirely unsuited to the needs of locators in many districts.

Our statutes provide that a lode claim may not exceed an area of 20,662 acres, this being the area of a parallelogram 1,500 feet long by 600 feet wide. The intention is to permit a discoverer to lay off a "lode line" along the outcrop of his vein for a distance of 1,500 feet and, at each end, to measure off, at right angles, a distance of 300 feet each way, merely as assurance that he covers the entire thickness of his lode. Since the surface contours of rugged country will crook the outcrop of a dipping plane (such as we may imagine a vein to be) the laws were constructed to permit a claim being laid off with angles or bends in the boundaries so that the outcrop might be kept closely along the middle of the claim.

The above dimensions and area are the maximum permissible under the Federal laws. The Government does not say that claims may not be less in extent, anywhere, nor does it prevent states, counties or even mining districts from making further limitations. In most of the western mining states and territories that have applied the mining law, the full maximum is allowed; but in Colorado no claim is legal if it exceeds a width of 300 feet, while in four counties of the same state claims have been restricted in width to 150 feet. By legislative enactment, since September 1, 1911, claims in all counties of Colorado are permitted to be taken up 300 feet in width. The citizens or miners of any new district, in any state or territory, may elect to limit claims to any size less than the maximum granted by the statutes and such a decision will be recognized by courts as binding upon all comers. This is an example of the rights of custom in establishing common law. In all shapes and widths of lode claims, there is now the rigid restriction that the two end-lines must be laid off exactly parallel.

The laws of our country contemplate the right of any locator of a vein to follow such vein down upon its dip, even if it extends beyond vertical planes passed through the side boundaries. The vertical planes through the end-lines, however, may not lawfully be penetrated in the extraction of ore bodies. The application of this doctrine of "extra-lateral rights" has led to innumerable controversies that have crippled many worthy mining enterprises. The inevitable habit of different veins to intersect, branch, unite, and in many other ways to cause complications, has served no purpose but to delay operations, cause legal warfare and embitter neighbors. So unjust have been courts' decisions in interpreting the lax laws that various mining districts have taken unto themselves the prerogative of deciding for themselves what is justice to all concerned; and we therefore find that many "camps" have unwritten laws under which claimants are restrained in their underground operations, to the ground contained between vertical planes _through all boundaries_, whether end or side. This is obviously the only fair plan, and it is hoped that, whenever the legislators at Washington get time to give to the matter the attention it deserves, our nation will be favored with a revision of this and a number of other objectionable mining laws which have retarded the industry. Ours is the only country having laws permitting extra-lateral rights and, upon this score, we are criticized by all foreigners.

The Canadian government appears to leave the framing of mining laws to the several provincial governments. Ontario and Quebec have very good and simple laws relative to mining claims. In some respects the laws of the two provinces are similar. For example, in each province a claim must be laid out as a subdivision of the usual public survey and is normally 40 acres in extent. Again, no prospecting or locating may be done except by persons holding so-called miners' licenses or miners' certificates, which cost $5 to $10 per year. No extra-lateral rights are recognized.

In Ontario, a patent may be applied for any time within 3-1/2 years of the date of certificate of record, and the land is purchased outright by the payment of $3 per acre. The patent thus obtained conveys no rights to timber or water on the property. In Quebec, patents are never issued and mining claims are held by a sort of lease, as it were. A license to hold a mining claim costs a flat fee of $10, plus an extra fee of one dollar per acre. At times, arrangements are made for holding and working mining property upon a 3 per cent royalty basis.

The Mexican laws permit the location of any number of claims by individuals. A locator is required to employ an expert (_perito_) to make a careful survey of his claims (_pertinencias_), which are taken up in rectangular form. Measurements are according to the metric system, and the unit of area is the _hectara_, which is the area of a square with 100-meter (328-feet) sides, and is equivalent to 2.471 acres. The government's sale price for mineral ground is 5 _pesos_ (about $2.50) per hectare, or approximately one dollar, United States money, per acre. The unit size of a claim is a hectare, and it thus comes about that the words _pertinencia_ and _hectara_ are used somewhat synonymously.

Under United States laws, the owner of agricultural land, if he has not committed perjury in perfecting his title, will hold all minerals which may be disclosed subsequently to the granting of his deed. The proof of false representations will rescind any such patent and the ground will revert to the Government and be again open to location.

In the surveying and laying off of mineral claims for patent purposes, the United States laws require the claimant to put the work into the hands of a mineral surveyor. Such a surveyor may usually be engaged in any mining district and he will hold a commission from the Department of the Interior authorizing him to do this sort of work. He will have passed certain examinations as to his capabilities and he will have filed bonds in the sum of $5,000 for the faithful performance of his duties to both the Government and his client. He receives no compensation from the Government, and each claimant may make such terms with him as are equitable. He must hold no interest, directly or otherwise, in the property he surveys, nor is he permitted to file upon any mineral land. If he undertakes a case for a client his duties require him to survey the boundaries of every other mineral claim which may be contiguous to, or conflicting with, the one in question, and his maps must accurately show all such claims. His notes will contain sufficient data to accurately convey the exact location, the chief topographical features, the conflicts with all other locations, the position, and description of all mining improvements, and many other details which will be required in the final purchase of the land from the Government. The surveyor's fee will vary from $50 to possibly $200 for a single claim, much depending upon the nature of the survey, whether simple or difficult, and upon local financial conditions and competition.

After the filing of the mineral surveyor's notes and plats with the Surveyor-General, critical examination of the documents is made, and if they are found to conform with all requirements, the case is "approved" and it may then pass to the local land office of the district. Next begins a publication period of sixty days, during which opportunity is offered the public to enter objections to the issuance of a patent, either for reasons of conflict or because of fraud. If no such adverse proceedings are instituted, the patent will follow, in due time.

The ultimate expense of securing a patent to a claim of, say, the maximum area will not be less than $225, and it may run as high as $300 if in a region difficult to survey or if there are a good many conflicting surveys.

A mineral surveyor is prohibited from acting as attorney for the claimant in presenting his claims before the Land Office, so an attorney's fee must be added to the above rough estimates. As a matter of fact, although the surveyor does not nominally appear as the attorney, in many a case it is he who makes out all of the documents to be then signed by an attorney in fact. The laws are faulty in this respect. The lawyer recognizes this fact and he asks the surveyor to make out the many legal forms; for who is so fully cognizant of the property and the desires of the claimant as the surveyor who has become intimately acquainted with the premises, its workings, its desirable features and everything concerned with the adjustment of conflicts? It is to be expected that he could best protect the claimant's interests, and it is wrong to retire him at this very critical time prescribed by a foolish law. The fee of an additional man in the case is an unjust burden upon the client. Land Office officials have recognized this fact. They know that the best documents reaching their offices are those prepared by mineral surveyors.

VII

PLACERING.

Different writers hold the following slightly different definitions of a placer: One says, "a placer is a surface _accumulation_ of minerals in the wash of streams and seas," while another writes that a placer is "a _place_ where surface depositions _are washed_ for valuable minerals, such as gold, tin, tungsten, gems, etc." One definition conveys no notion of the operations of mining, but is merely geological, while the other involves the thought of the recovery of values.

No matter how or where found, placers were all originally of surface deposition. They are now found in gulches, cañons, valleys, ocean and lake beaches, glacial drifts, and sometimes beneath eruptive flows. Such placers as occupy the courses of streams are spoken of as gulch, valley, bar, and bench placers. The meanings of the first three names are obvious. By a bench placer is understood a deposit that was originally the bed of a stream, but which, in the course of time, has been cut down, or through, in such a manner as to leave a shelf or bench of the "wash" hanging up some distance above the present base of the gulch or valley.

When such deposits that have been covered by lava flows are disclosed and worked, they go by the name of "buried placers." They are, by no means, uncommon, and typical "drift mines" of this sort are operated in California and New Zealand. They present the novelty of working alluvial deposits under cover of solid rocks, and they thus conform to one of the early definitions of a mine, as previously given. Since the workings of such subterranean placers are generally confined to an approximately horizontal zone, the mine passages, to a certain degree, resemble those of a coal mine.

Placer deposits, being of a secondary nature, the materials are not in the place nor form of the original components. The gravels and sands, together with the valuable contents, probably originally existed in some solid forms such as rocks or massive minerals. The primary structures, in the course of ages and by atmospheric agencies, have been disintegrated and carried by gravity and flowing water to lower levels. The finer the decomposed material, the further it has been transported.

If the original rocks carried gold, the flakes of the metal, being of high specific gravity, would tend to settle to the bottom of the channels and to be carried shorter distances than would the lighter, non-metallic particles. The finer the gold, the more evenly will it be distributed in the bed of gravel. Likewise, placers near the heads of gulches, as a rule, carry coarser gold than those farther down stream.

The valuable materials found in placers must, of necessity, be those that possess the property of resisting corrosion and disintegration. The minerals and metals are, therefore, of a very permanent character.

Every find of "values" in a placer is unquestioned evidence that somewhere, above the present deposit, there originally existed primary depositions containing the valuable metals or minerals. The trail can frequently be traced back to them. These so-called "mother lodes" are not necessarily rich. In the case of gold, for instance, these original deposits of ore may not carry the metal in coarse enough particles to be visible and yet the placers may contain nuggets. There are numerous theories proposed to account for this observed phenomenon, but we will not discuss them here. The fact remains that nuggets have been actually produced artificially in flowing water under conditions similar to Nature's.

The methods of prospecting and working placer ground have undergone many improvements, but there are still many men practicing the primitive ways of a generation ago. The use of devices of simple construction and for operation by muscular effort is still familiar in many regions; and there are good miners who cling to such practice in the belief that it is the cheapest and truest way in which to ascertain the values of wash deposits. Also, there are many placers of limited areas and irregular shapes that cannot be well handled in any other manner.

With a "pan," a man can wash, in ten hours, not over one cubic yard of dirt; and to accomplish this amount of washing the ground must be very loose and favorable. An ordinary ten-hour day's work is about 100 pans. This is equivalent to about one-half of a cubic yard, which is the unit of volume in all placering operations. One may thus readily arrive at the cost of carrying on operations in this way. A cubic yard of ordinary placer dirt is the equivalent of less than two tons. A _batea_ is the Mexican equivalent for the American iron gold pan. It is a sort of broad, conical, wooden bowl and its capacity is not equal to the pan.

A "rocker" or "cradle" is a trough on rockers somewhat like the old-fashioned child's cradle. In using it, a stream of water is caused to flow into the device which has been nearly filled with gravel and the miner gives it a rocking motion that causes the contents to classify or stratify according to the laws of specific gravity. The valuable particles, being the heaviest, will settle to the bottom, whence they may be subsequently removed. A "long tom" is an inclined, narrow box set stationary with a constant stream of water entering at the upper end. Gravel is also shoveled into the device at the same point. The process is more continuous than the preceding ones, the values accumulating at the bottom of the lower end, while the upper layers of gravel are carefully removed by skimming with shovels. The work will keep two men busy and the capacity is correspondingly greater. With a long tom, two men will ordinarily handle about five or six cubic yards in ten hours.