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By R. W. Dr. Raymond

(Read at the Philadelphia Meeting, February, 1878.) THE manufacture of ferromanganese in the blast furnace having been the subject of considerable attention in the Institute, I beg to put on record a contribution to the discussion from a quarter hitherto not directly represented, namely, the St. Louis furnaces, near Marseilles in France, belonging to a company of which M. Jordan, a member of the Institute, is Managing Director. These furnaces commenced in 1862 to manufacture specular pig (fontes à facettes) containing from three to six per cent. of manganese. In 1864 the regular production of spiegeleisen (fontes miroitantes), containing seven to ten per cent, of manganese, was inaugurated. At that time the Rhine was the only locality of this manufacture, and the Bessemer works of England and France obtained from Germany all their spiegel. From 1864 to the present time, the St. Louis furnaces have been advancing steadily the percentage of manganese in their product. From ferromanganese of thirty per cent. they had arrived, about two years ago, at a product containing seventy to seventy-five per cent., and for some time past they have been turning out what, as M. Jordan remarks, may fairly be termed fonte de manganese, or manganese pig, instead of iron, since the percentage of iron it contains is not more than 8.5, while the percentage of manganese is 85, or ten times as great. This very high grade material has a peculiar appearance, entirely different from that of ordinary cast iron or spiegel. It is granular, and steely gray in color. The following analyses, communicated to the Société to des Ingenieurs Oivils, by M. Jordan, show the composition of various products of the St. Louis furnaces :

Jan 1, 1878

By Reno Sales

THE present-day application of geological knowledge to mine opera-tions owes much to Survey activities. Early publications covering developed deposits at Comstock and Eureka in Nevada, and Leadville in Colorado, aroused great interest in mine geology among mine owners and operators. In later years personal contacts between Survey geologists, notably Lindgren, Spurr, Emmons, Weed, and Ransome, to name only a few, and mine managers, mine superintendents and mine foremen, brought directly home the importance of geological mapping and study in connection with mine operations. However, the Survey had recognized from the beginning that it was not practicable, either from the viewpoint of cost or policy, to supply direct help to the miner. The situation was met by many large mining companies through the organization of geological departments to deal with problems of geology which concerned not alone the every-day mine operation but also the life expectancy of the ore deposit. The mine owner therefore looked to the mine geologist to apply the "laws of ore deposition" in estimating the future of his mine. The examination of outside properties also became a duty of the company geologist where replacements were needed or where expansion of operations was contem-plated. And finally, out of this situation there developed the inde-pendent consulting geologist, specializing in geological examinations of prospects, mines, and mining districts, whose duties included the highly important but often difficult task of appraising ore reserves and ore possibilities. Thus, while it may be considered by many that the work of the mine geologist overlaps that of the Survey geologist, their respective fields of endeavor are not in conflict. The appearance of the mine geologist has lessened in no manner the need of intensive field and research work by the Geological Survey and related organizations.

Jan 1, 1934

By George Riter

OUR mineral-land laws need revising so as to provide definite title at the outset to the mineral deposits within any definite piece of land. The laws as they now stand, especially those applicable to lodes, breed uncertainty as to rights of possession prior to patent; and to my mind this is the worst feature of all, worse even than the apex bugbear. It is now almost impossible for anybody to tell with certainty what mineral rights exist within any area that is not covered y patent, or whether any valid rights exist at all. Our system is unique in permitting individuals to appropriate and exploit mineral lands of the public domain without notice of any kind to the Federal government, and to relinquish them without any ceremony at all. The result is a clouded record that cannot be cleared' up until each claimant is put to some sort of final proof. In order to accomplish this, new Federal legislation will be required. The requirements for a mineral survey and the proceedings for patent have always been cumbersome and expensive; and perhaps out of regard for the poor claim owner, who can ill afford the outlay for that sort of thing, the law does not require him to go through it unless he chooses to do so. Consequently, every active mining district has become encumbered with tangled groups of doubtful or conflicting locations, whose rights and boundaries, when any valuable ore is found, must usually be determined by lawsuits that are as expensive and as distressing as the stakes are high. So deeply has litigation entered into our mining system that a claim whose rights have never been disputed would probably be set down offhand, y a miner of the old school, as of no value. Think of the litigation over rights of possession on the Comstock lode-12 leading companies involved in an aggregate of 245 suits within a period of less than eight years! Ambiguous local records; the chance of erroneously placed or obliterated monuments; doubt as to the sufficient performance of the statutory annual labor; uncertainty as to prior conflicting or overlapping locations; anxiety as to the changing attitude of the Department of the Interior and the Forest Service-such considerations as these make an unpatented mining claim an unclean thing in the eyes of possible investors. Is it any wonder that they keep themselves and their money at a safe distance,

Jan 7, 1914

By A. Blake Caldwell

The Anaconda Company, an organization of mining people, enters a new world of copper production as it brings on stream its recently constructed Twin Buttes operation some 25 miles south of Tucson, Ariz. Twin Buttes comprises the largest earth-moving task performed in the history of mining. Some people liken this job to moving enough earth and rock to complete the famed Aswan High Dam in Egypt. In all, some 236 million tons of overburden and rock were removed from over the ore deposit.

Jan 1, 1970

By R. H. Atkinson, R. N. Rhoda

An improved technique has been developed for the deoxidation of palladium with aluminum which is especially suitable for use in making small castings with an induction-melting and casting machine. The effect of various crucible linings on the efficiency of the residual deoxidizer and accompanying oxide film in protecting palladium against oxidation during remelting also has been examined; the preferred crucible lining consists of zirconia cement. THE objective of this work was to develop a simple method of deoxidizing induction-melted palladium which would be suitable for use by manufacturers of jewelry and other small castings. In a common method of deoxidizing torch-melted palladium a piece of aluminum foil is dropped on the surface of the molten metal. If a film is present, which is usually the case, it must first be removed by oxidizing the molten metal thoroughly because it would interfere with the entry of the aluminum into the melt. Removal of the film is probably facilitated by a mild fluxing action of the silica crucibles which are used for torch-melting. However, removal of an alumina film from molten palladium in the crucibles normally used for induction melting is a much slower process and it became necessary to modify the de-oxidation procedure. In the modified procedure the charge is simply melted and the desired amount of aluminum, crimped to one end of a tungsten wire, is plunged through the film into the palladium and the wire immediately withdrawn. The trace of tungsten which dissolves along with the aluminum can be avoided, if considered objectionable, by using a palladium wire. In view of the persistence of the alumina film under the conditions of induction-melting it also was decided to ascertain the efficiency of this film in protecting palladium against oxidation during repeated remelting and casting. Melting Equipment and Materials The equipment used for melting and casting consisted of an Ecco GC:6, 6 to 8-kva high-frequency converter and an Ecco M34B centrifugal casting machine. This unit is being increasingly used for making jewelry and dental castings and it also has been found useful in making exploratory melts of a variety of nickel alloys, for which purpose it is well suited on account of its speed of melting and economy of material. A description of the machine and its operation will be published elsewhere.' A common palladium jewelry alloy, 95.5 palladi-um-4.5 ruthenium (referred to as "palladium" in the trade), was selected for the deoxidation tests. It was available as melting stock which had been melted in air to free it from oxidizable impurities, and also as clean scrap from previous melts which had been deoxidized with aluminum. The latter was thought to be typical of clean "palladium" scrap to be found in a manufacturing jeweler's establishment and it is also similar to one brand of "casting palladium." By the same token, the oxidized melting stock corresponds to "casting palladium" after the latter has been melted and thoroughly oxidized: Pure aluminum wire (99.9 pet), 0.032 in. diam; 1 in. = 0.036 g. Scrap tungsten wire, 0.014 to 0.020 in. diam. Argon, commercial water-pumped; 99.9 pet pure Experimental Procedure Samples of about 50 to 75 g of the palladium alloy were melted in a crucible lined with a proprietary refractory alumina cement. Some charges were melted in air, others in argon. The oxidized melting stock was melted and solidified a number of times in order to remove as much oxygen as possible before deoxidizing, but this treatment was unnecessary in the case of scrap. In either case the metal was deoxidized with aluminum (0.01 to 0.05 pet) by the

Jan 1, 1959

By Henry J. Sandri

ACQUISITION JUSTIFICATION There are many reasons why companies consider acquisitions as a means to expand their operations. Some wish to reduce the impact of business cycles on their businesses. Others seek firms within the same industry for expansion and increased market share. Still others diversify in order to avoid takeovers. Whatever the reasons or justification, an evaluation of an acquisition candidate should be systematic and thorough. To many financial managers the concept of a systematic acquisition evaluation indicates the need for a regular set of evaluation criteria. While these are available from numerous sources, one basic parameter frequently overlooked is the application of these criteria to an industry which is different from the acquirer. This becomes particularly important when evaluating firms within the mineral industry. The mineral industry is significantly different from other industries to require different valuing techniques. • This paper will present a number of reasons why an acquisition candidate in the mineral industry should be evaluated differently from other acquisitions, including by other mineral firms. Additionally, this paper will review the most appropriate means of valuing a mineral firm. • Firms considering the acquisition of a mineral firm should understand the nature of the industry before ever making a tender offer. Some of the general considerations include the following: • Level of Capital Intensity: In the mid-1980's the start up cost for a gold mine has been between 20-200 million dollars and 500-1,500 million dollars for a bauxite operation. • Global Nature of Competition: Except for certain industrial minerals, most minerals and metals are traded worldwide and many on national exchanges, such as COMEX. • Start-Up Time: Many mining operations in developed and developing countries have long lead times, 7 to 10 years in some cases, prior to the start-up of production. • Long Term Nature of Investment: For most mineral operations payback usually occurs at least 7 years after production has started. Additionally, many mining operations will continue producing for 80-100 years. • High Level of Risk: The number of factors that a mining firm cannot control such as grade, volume, world supply and demand, plus the long payback periods tend to classify mineral firms at a higher than average risk compared to other investments. • Cyclical Nature: The mineral industry is cyclical in nature, experiencing long troughs and explosive peaks, thus making timing a critical issue. • Labor Intensive: Even with the large capital requirements needed to operate a mine, most mines are labor intensive in proportion to their capital equipment. • Location: Obviously, the nature of this industry requires operators to work in difficult locations, frequently far from civilized localities, in poor weather conditions and without proper supply and distribution infrastructure. One of the most important considerations is an understanding of asset replacement and asset value. Unlike manufacturing concerns, firms in the mineral industry are working toward the elimination, through depletion, of their asset base. Product flexibility is not available to a mining operation. A mineral firm basically has two options as its resource base is depleted: 1) replace the asset with new production, or 2) deplete the asset and close down operation, as in the South African gold mining model referred to later in this paper. An understanding of the

Jan 1, 1985

Discussion, at the Virginia Beach Meeting, February, 1894, of the Paper of Prof. Posepny. (Trans., xxiii., 197, 587.) Including communications subsequently received. a T. A. Rickard, Denver, Colorado (communication to the Secretary) : The paper of Professor Posepny was printed so short a time

Jan 1, 1895

By John R. Lotz

DEVELOPMENTS in Iran currently arousing interest in a considerable portion of the world, particularly on the part. of that country's immediate neighbor on the North and in our own country, an inseparably related to and largely dependent upon the government's attempts to strengthen its economy and improve the standard of living of its people. These efforts are encompassed by provisions of the Seven-Year Development Plan recently enacted and not, in the process of implementation. It is a fine example of what one financially sound but extremely backward and poorly equipped country has undertaken to do on its own account and with its own resources. This Seven-Year Plnil was formally authoriztld by an act of the Iranian Parliament in February 1948. Its stated objects are to carry out such plans for the development of the country and its economy as ail1 raise the standard of livinc: and standard of education of the people, and re- duce the cost of living. A seven-yrar program for carrying out the work within the limits of appropriations was assigned under the law. The total amount to be expended during the seven- year period was fixed at the equivalent of $670 millioil at current rates of exchange.

Jan 1, 1950

By D. J. Coolidge, H. L. Sheakley

THIS paper does not deal with all sands used in the glass industry in Missouri; it covers only that used in the plate-glass factory at Crystal City. However, it is probably safe to say that other sands, produced throughout the state for this purpose, are of identical nature. The glass sand used in Missouri is commonly called the St. Peter deposit, which is ascribed to the Ordovician Rock series in the form of sandstone. This St. Peter deposit, aside from a few small outliers, covers a large area of eastern Missouri. It forms, through a broad curve, the northeast margin of the typical Ozark region between Cape Girardeau on the southeast and Mineola, Montgomery County, on the northwest. The belt is extremely irregular, varying from one to ten miles in width; its length is 150 miles in a straight line. The outcrop near the entrance to the Crystal City mine appears in the form of a sandstone bluff approximately 30 ft. high, running along Plattin Creek (Fig. 1). Above the sand rock an overburden of Joachim limestone appears, which thickens to nearly 300 ft. and forms the hill commonly called Buck Knob. Test holes where drilled at various points and the drillers' log indicate that the St. Peter deposit ranges in thickness from 63 to 71 feet. PROPERTIES OF THE ST. PETER SAND From an analysis of the glass sands of the St. Peter formation in Missouri, the follow-

Jan 1, 1942

By G. W. Josephson

JUDGING by the progressive atmosphere prevailing in the nonmetallic mineral industries during the past year, postwar conditions were healthful though inflationary. Demand for most industrial mineral products has been exceptionally high and many new production records were attained. Severe shortages of some commodities existed, especially building materials and fertilizers. Production costs and prices increased and profitable operation was general. Under these conditions expansion programs were the order of the day. Ample funds were available to finance the purchase of good equipment; and, as wages and other operating costs were increasing, primary emphasis was placed on attaining maximum efficiency in new installations. These efforts were hampered by shortages and slow delivery of desirable equipment, so compromises in design were often necessary. However, on the whole, production practice improved.

Jan 1, 1948

By E. P. Peleider

DIAMOND drill research work was initiated at the School of Mines, University of Minnesota, in late 1949. The Drilling Symposium held in Duluth that spring highlighted the problem of high cost and core recovery and the need for controlled testing. An advisory committee made up of informed representatives of both mining companies and drilling companies was formed to suggest and advise on a program of drill research. A Hy-Mac hydraulic drill unit, see Fig. 1, especially designed for experimental testing, was obtained for this work by the School of Mines through the courtesy of the Carboloy Co. It is an extremely flexible unit, capable of exerting a forward thrust of about 1750 lb and turning at speeds from 650 to 2200 rpm. The feed arrangement is so designed that the advance can be set either at a constant rate or permitted to vary at a fixed Pressure, see Fig. 2. The

Jan 1, 1953

By E. P. Peleider

DIAMOND drill research work was initiated at the School of Mines, University of Minnesota, in late 1949. The Drilling Symposium held in Duluth that spring highlighted the problem of high cost and core recovery and the need for controlled testing. An advisory committee made up of informed representatives of both mining companies and drilling companies was formed to suggest and advise on a program of drill research. A Hy-Mac hydraulic drill unit, see Fig. 1, especially designed for experimental testing, was obtained for this work by the School of Mines through the courtesy of the Carboloy Co. It is an extremely flexible unit, capable of exerting a forward thrust of about 1750 lb and turning at speeds from 650 to 2200 rpm. The feed arrangement is so designed that the advance can be set either at a constant rate or permitted to vary at a fixed Pressure, see Fig. 2. The

Jan 1, 1953

By AIME AIME

THE 1941 fall meeting of the Iron and Steel and the Institute- of Metal, Division held at the Ritz-Carlton Hotel, Philadelphia, during the first three days (Oct. 20-22) of the National Metal Congress was well attended as usual, and the seven technical sessions and the joint round table on order-disorder transformations were this year of considerably more than routine interest. Despite unseasonably warm weather, a scarcity of hotels (there were rumors, apparently well-founded, that , some of the metal man attending the Congress had to stay in tourist camp), and a multiplicity of technical and other ions of the co-operating societies that gave the Congress this year the general air of a three-ring circus the A.I.M.E. sessions attracted audiences that ragged from seventy or eighty up to 350

Jan 1, 1941

By F.L. Preshidge

R. B. RATHBUN,* Salt Lake City, Utah (written discussion?).¬While the engineer should carefully weigh the merits of the various types of equipment, he must bear in mind that the object of his plant is the recovery of suspended solids, and a thing is unimportant except as it contributes to this end, other engineering principles being duly considered. The controversy regarding the use of synchronous motor-driven rectifiers by which the power for the treater is taken directly from the mains of the local power system, rather than the motor-generator rectifier giving each treater unit its own isolated electrical system, has led many to think that on the type of rectifier depends the success of .the plant. It is in fact a relatively unimportant part of the plant and represents a very small fraction of the investment; the recoveries in dust and fume are practically the same in each case. One large smelting concern has adopted the motor-generator type for all of its plants after years of experience with the synchronous-motor type. Its reasons are practically the same as those set down by Mr. Eschholz for his preference. Given more in detail they are: 1. An independent electric system prevents outside power-line conditions, like voltage fluctuations, from interfering with the operation of the Cottrell plant and eliminates the possibility of the Cottrell plant causing trouble for the power company. The latter, while not very

Jan 12, 1918

By R. L. Perrine

This paper presents results obtained by consider ation of unstable miscible displacement within a porous medium as a quasi-turbulent displacement process, that is, a process characterized by fluctuations around a simpler, mean flow behavior. The instability usually results from the miscible displacing fluid having a viscosity lower than that of the displaced fluid. Such instability is evidenced in suitable experiments by the presence of viscous fingering. A unified theoretical relationship applicable to both stable and unstable displacement is derived. Parameters in the theory are obtained by empirical means. Although the theory describes an idealized conceptual model, agreement with experiment is quite reasonable up to moderately adverse viscosity ratios, such as 17:1. INTRODUCTION Many experimental studies of miscible displacement in porous media have been conducted with prediction of reservoir displacement efficiency as the ultimate objective. Most such studies have utilized lower displacing than displaced fluid viscosity, scaled to potential reservoir fluid pairs. Theoretical approaches have been largely limited to unit viscosity ratios, however, in spite of the necessity for an understanding of the mechanism of the unstable, adverse viscosity ratio displacement process. An obvious reason is the difficulty of describing in mathematical form the viscous fingering characteristic of these conditions. Observation of experiments conducted with dyed fluids in transparent systems suggests an analogy between unstable miscible displacement and turbulent flow in a pipe. In both cases there are fluctuations around a simpler, mean flow behavior. An important difference is that flow behavior of interest in the porous medium is entirely transient, contained within a transition zone between displacing and displaced fluids. Transient behavior complicates description in that coefficients in the equations become variables rather than constants. In the study reported here, the analogy with turbulent flow has been used in treating unstable miscible displacement as a quasi-turbulent displacement process. The purpose has been to derive, even if restricted to an idealized conceptual model, a unified theoretical relationship applicable to both stable and unstable displacement. A relationship meeting these specifications up to moderately adverse viscosity ratios, such as 17:1, is presented. One fluctuation parameter in the theory and dispersion coefficients are obtained by empirical means. The idealized theory is compared with experimental results. UNSTABLE MISCIBLE DISPLACEMENT AS QUASI-TURBULENT DARCY FLOW The miscible displacement of one fluid by another within a porous medium is considered in this study. Flow conditions are such that Darcy's law is applicable. It is further assumed that, by the stability criterion proposed by perrine,1 initial flow conditions lie well within the regime of instability. Thus substantial viscous fingering is assured. We wish to show how this flow regime can be represented as quasi-turbulent. That is, the Reynolds number for the established flow conditions is below that for inertial or turbulent flow within a porous medium, and lies within the regime for which Darcy's law is valid. Yet flow behavior can be described as the combination of some relatively simple average result, and characteristic fluctuations that are superimposed on the simpler behavior. Stated another way, flow behavior includes the movement of layers of fluids with different velocities past or over one another. Such descriptions are characteristic of turbulent pipe flow. The fluctuations in the present case are a direct consequence of the local viscous fingering which accompanies the unstable displacement process. Should displacement become stable, fluctuations would die out. It is of particular importance to note that fluctuations such as these can interact in a way that contributes to material transport by the basic flow. The basic transport equations required for engineering calculations must be modified to reflect this fact.

By Rudolph Emmel

THE mines operated by the South American Development Co. are located in the Zaruma mining district of southwestern Ecuador. They are near the old mining town of Zaruma, which is the only important city in the canton of the same name. The district is situated in the upper end of a valley lying between two spurs of the Cordillera, one of which may be considered the Coast Range and the other an intermediate range. The mining camp proper, known as Portovelo, and the plant are 2.4 km. south of Zaruma, on the north bank of the Amarillo River, a tributary of the Tumbes River, which flows southwestward through Peru to the Pacific. Portovelo is difficult of access; it is reached from Guayaquil by means of river steamers and muleback. Embarking at Guayaquil, the route is down the Guayas River, across the Jambeli Canal, and up the Santa Rosa River to Santa Rosa, a distance of 177 km. From Santa Rosa, the road or trail follows the Santa Rosa River, then across the summit of the Coast Range into Portovelo, a distance of 74 km.-a two-day trip on muleback. The mining property of the South American Development Co. comprises 297 lode claims and 142 placer claims. The combined lode claims cover an area, roughly rectangular in shape, 9000 m. long from north to south by 4000 m. wide; the northern edge of the rectangle is about 3000 m. north of the central plaza of Zaruma. Mineral lands in Ecuador are held by virtue of an annual tax per claim paid to the central government, no surface rights being included.

Jan 1, 1925

By Thomas H. Sheldon

IN the zeal for opening up new ore-bodies, or for. extracting the ore from attractive bodies gal ready opened up, we very often lose sight of the fact, that, after all, the operation of a mine is a business proposition, pure and simple; and for the best working-results should be treated upon a strict business basis. Of course, in every mine of consequence a record is kept of expenditures and receipts, and such glittering generalities as "gross receipts," " net receipts," " mining expenses," .and " per cent. profit," can be told to the cent; but does this . record show economy of management, either as compared with the same record of other months, or as compared to the record of other mines of the' same class ? Moreover, if such a record shows that the cost of mining is high, does it in any way en¬able the manager to put his finger on the leakage? Does it necessarily follow that a mine which makes a profit of, say, 40 per cent on 25-dollar ore, is doing less economical mining than one which saves 60 per cent on 80-dollar ore ? Of course the figures in the latter case look the more attractive, but when it comes to a point of saving everything which can be saved, and of cutting down expenses to the lowest possible cost of operation, the former mine is doubtless on the most firm and economical financial basis. But as the relative merits of the system of mining in the two cases, nothing could be decided without a basis of detailed comparison ; if one system is more economical than the other, why is it so, and wherein does the advantage lie ? This can be shown only by keeping accurately the cost of each mining operation. And no matter how dissimilar two mines may be in character and operation, yet there are a few general heads common to all mining operations. In the first place, it is necessary to break the ore from the solid ground ;

Nov 1, 1905

By G. H. Jardine

In future years, decision makers in the coal industry will make more and more decisions based on information from computer-based models. Whilst the use of such techniques will provide many advantages for coal companies, particularly in terms of efficient utilisation of their human resources, it is equally important for the decision makers to have an awareness of the limitations inherent in each particular computer-based model being used to provide information for the decision making process. A recommended procedure for identifying such limitations - by analysing the 3 major elements of the model - is presented. The human aspects of increased use of computer-based techniques are emphasised throughout the paper.

Jan 1, 1983

By Wm. R. Dotson

Forty years ago the atom was split and the Age of Fission dawned. Uranium was the element used in this earth-shaking accomplishment. Thitherto almost unknown to the man in the street, uranium soon became widely and persistently sought. And the quest for this unique material is not likely to diminish during this century. To find is one thing; to own is another. Who owns uranium in the ground? Where no mineral rights in the land have been severed by devise, grant, reservation or lease, the uranium belongs to the fee simple owner of the land. But where there has been a conveyance or reservation of all or part of the "minerals", determining WHAT a substance is has been the traditional way of determining WHO owns it. What, then, is this element called uranium? The 1907 edition of Watts Dictionary of Chemistry calls it "a lustrous, hard, silver-white metal". Of nature's three prime divisions it falls within the embrace of the mineral kingdom - substances neither animal nor vegetable. In its natural state uranium always is combined with other elements or substances in the form of an ore mineral. May we, then, put to rest any doubt or question as to the nature of uranium and classify it for all purposes, including that of ownership, as mineral? Not quite! That self-same logic would find oil and gas primly ensconced in the animal or vegetable kingdom. Technically, oil and gas are not minerals but legally they have been classified as such. Why? The Supreme Court of Tennessee sought the answer in 1897 in the case of Murray v. Allard, 43 S.W. 355. After citing authorities pro and con, and while admitting their origin to be "decomposition of marine or vegetable organises" that court firmly concluded that since they were obtained by a form of mining, oil and gas were minerals. From the above example two elementary truths emerge. First, for purposes of ownership, uranium is and will be whatever the courts say it is. Secondly, the courts historically and currently favor a practical rather than technical test to determine the "mineral" character of a substance. So now we turn to the jurisprudence for enlightenment and definition. EARLY CASES ALLOT URANIUM TO MINERAL OWNERS Two early cases involving the ownership of uranium followed what had been well-settled mineral within the meaning of the conveyances involved, confirming ownership in the mineral owners. In 1956 the U. S. District Court for New Mexico in the case of New Mexico and Arizona Land Company v. Elkins, 137 F. Supp. 767, appeal dism'd 239 F.2d 645 (10th Cir. 1956), found that a 1946 deed reservation of "all oil, gas and minerals underlying or appurtenant to said lands" included uranium and thorium. The court reasoned that uranium and thorium, being minerals within the scientific, geological and practical meaning of the term, would certainly constitute minerals within the purview of the reservation. While agreeing that uranium and thorium were "minerals", defendants argued that at the tine of execution of the conveyance it could not have been the intention of the parties to reserve them because they had no commercial value in the locality and were, in fact, not known to there exist until their later discovery in 1950. The court re¬jected, as a matter of law, this "lack of knowledge" theory citing the Supreme Court of Kentucky holding in Maynard v. McHenry, 113 S.W. 2d 13, that: "The mere fact that a particular mineral has not been discovered in the vicinity of the land conveyed or is unknown at the time the deed is executed rules of construction and held that uranium was a does not alter the rule . . ." that a grant or exception of "mineral" in a deed includes all mineral substances which can be taken from the land unless restrictive language is used indicating that the parties contemplated something less general than all substances legally cognizable as minerals. Further, argued the defendants, the only feasible mining procedure for such substances was open pit or strip mining, which would destroy the value of the land for grazing or agriculture. Finding that the language of the reservation was clear and unambiguous, the court would not permit the admission of extrinsic evidence as to mining procedures required. Elkins is the first uranium case construing the granting clause involved. In 1958 the Texas Court of Civil Appeals at San Antonio, in Cain v. Neuman, 316 S.W. 2d 915, no writ, held that a 1918 lease conveying "all of the oil, gas, coal and other minerals in and under" the land involved covered uranium. The lease provided a royalty of 1/10th on "other minerals." "We find no Texas precedent which discusses uranium," said the court, "but the usual arguments that uranium is not embraced within a lease are that the ejusden generis rule excludes uranium from the meaning of the lease

Jan 1, 1979

By George H. Eldridge

The existence of phosphate of lime within the State of Florida has been known for over a decade; but until the spring of 1887, the extent and value of its deposit.;, possibly with one exception, were unsuspected. In that year Col. T. S. Moorehead, induced by a statement made by Mr. J. F. Le Baron, examined the gravels of the Peace river, recognized the importance of the deposits, acquired such tracts as were regarded as desirable, and established the pebble-phosphate industry, making his first shipment in May, 1888, to the Scott Manufacturing Company, of Atlanta, Ga. The establishment of the pebble-phosphate industry upon Peace river was followed, a year later, by the discovery in Marion county of an entirely different class of phosphate, now commonly known as hard-rock phosphate. This discovery was made early in June, 1889, by Mr. Albertus Voght, in a well which he was sinking upon his place near the site of the present town of Donnellon, about 20 miles southwest of Ocala. To it, more than to any other cause, is due the rapid and remarkable development of the present great industry of the State. It was, however, Mr. John F. Dunn, of Ocala, who turned to advantage the accidental discovery of Mr. Voght. After acquiring a knowledge as to the chemical composition and value of the material, Mr. Dunn and hid associates purchased several thousand acres of land and organized the Dunnellon Phosphate Company for active operations. From Dunnellon as a center, prospecting rapidly extended in all directions, until at the present day important mines have been opened over a well-defined tract more than 200 miles long and about 6 miles wide. This tract lies par-

Jan 1, 1893