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The library of the above-named Societies is open from 9 A. M. to 10 P. M. except on holidays. It contains about 70,000 volumes and 90,000 pamphlets, including sets of technical periodicals and publications of scientific and technical societies. Members of the Institute, with few exceptions, are forced to spend a portion of their time in localities isolated from sources of information. To these the Library, through its Library Service Bureau, can render valuable service through correspondence; letters requesting information will receive especial attention. The Library is prepared to furnish references and photographic copies of articles on mining and metallurgical subjects; to determine the existence of mining maps, and to furnish general information on the geology and mineral resources of all countries. All communications should be made as definite as possible so that the information received may be what is desired and not include collateral matter which may not be of interest. The time spent in searching for such collateral matter will be saved, and the information will be sent more promptly and in more usable shape.

Jan 1, 1919

By G. C. Stone

AS the term "hardness" is used with many different meanings, it should be understood that it here means resistance to deformation by compression. It was determined by measuring the pressure, in pounds per square inch, necessary to reduce by 20 per cent., the length of cylinders 1 in. (25 mm.) in diameter by 2.6 in. (66 mm.) long. The tests were made at Columbia University on an Olsen 400,000-lb. machine, the load being applied at a constant rate of speed 0.0319 in. per min. The results were obtained by Messrs. Rigg and Williams, and some of them were given in a paper read at the Sixteenth Annual Meeting of the American Society for Testing Materials, in June, 1913. The remainder of the results were obtained in subsequent experiments by the same authors. In all cases, the results given are the averages of three or more closely concordant tests. All of the spelters tested were of standard commercial grades and all were of compositions making them good deliveries. The accompanying table gives the results arranged in the order of increasing hardness:

Jan 1, 1919

By Rossiter W. Raymond

It is scarcely necessary to augment or amend the "Appreciation" of Dr. Douglas, from the pen of Dr. Albert A. Ledoux, which appeared in January, 1916, in Bulletin No. 109 of the Institute. The author of that admirable summary enjoyed the great privilege of expressing while Dr. Douglas was yet among us (though already marked for death) the love and esteem with which we all regarded him. But now that his earthly life has ended, the historian must still be the eulogist. No line need be added or deleted in the portrait of him already drawn; it has only to be accepted now as a true likeness, and hung in the gallery of the immortals, illuminated by the crowning glory of another world. James Douglas was born at Quebec, Canada, November 4, 1837. His father, James Douglas, was a distinguished physician and surgeon, known in many lands, especially in the Orient, and famous in his own country for his philanthropy as well as his skill, having established and directed for many years the first retreat for the insane in the Dominion. of Canada. One of the latest literary labors of the son was the editing and publishing of his father's journal and reminiscences—a fascinating volume, the review of which, though a tempting task, I must here forego. Nearly fifty years ago, I had the great pleasure of spending an hour with the elder Douglas, who guided me through his collection of Egyptian and Asiatic treasures. I might almost say souvenirs; so many of them were connected with personal experiences and exalted personages. The veteran's memory had already begun to fail with age, but his vivacity and imagination glowed all the more brightly; and his reminiscences of travel and adventure were embroidered with Oriental magnificence. I felt, after that hour, as if I had visited a stately, half-ruined edifice, overgrown with vines and flowers. The father's genius, adventurous spirit and generous philanthropy descended to his versatile, yet practical son. Like other men of such temperament, James Douglas tried many things before circumstances beyond his own control forced him into the line of his principal lifework. At the age of 18, he was sent to the University of Edinburgh, where he studied for two years. Returning to Canada, he entered Queen's University, at Kingston, Ontario, where he was graduated as Bachelor of Arts in 1858. Subsequently he studied medicine at Lava1 University, Quebec;

Jan 1, 1919

Jan 1, 1919

Bailey, Lewis Newton, Master Engineer, Senior Grade, 4th Regiment, U. S. Engineers, Headquarters Company, died of pneumonia at Camp Merritt, N. J., on April 30, 1918. Baird, Louis, Lieut., Royal Field Artillery, British Army, died on the battlefield in 1915. Ballamy, John H., Capt., 103c1 Engineers, killed in action near Fismes, Aug. 9, 1918. Bowles, Martin F., 2d Lieut., Co. B, 355th Infantry, killed in action, Sept. 3, 1918. Burt, Andrew, died in active service, 1916. Cobeldick, William Morley, Royal Engineers, died from gas poisoning on Oct. 7, 1915. Dougall, Ralph,. 4th University Co., Princess Patricia Regiment, killed in action early in the war. Evans, Alfred Winter, Lieut.-Col., New Zealand Rifle Brigade, D. S. 0., D. C. M., killed in action on Oct. 12, 1917. Gordy, Sheppard B., died in service, Oct. 9, 1918. Gorman, Thomas C., Lieut., Canadian Engineers, killed in France, Mar. 18, 1918. Hague, William, 1st Lieut., Engineer Officers' Reserve Corps, died in active service, Jan. 1, 1918.

Jan 1, 1919

Jan 1, 1919

(The following-list contains the names of those members of the Institute of whose connection with military service we have only recently. become acquainted.) ADAIR, ARTHUR C., Corporal, 4th Co., 1st Tr. Bn., 154th D. B., Camp Meade, Md. BATCHELOR, STILLMAN, 1st Lieut., Co. 6, E. 0. T. S., Camp Humphreys, Va. BATES, BENNETT R., 1st Lieut., Engineers, Co. 3, E. 0. T. S., Camp Humphreys, Va. BJORGE, GUY N., Co. 3, E. 0. T. S., Camp Humphreys, Va. BOAS, Ross, H., U. S. A. BRADLEY, . H., JR., Capt., 408th Engineers, Camp Cody, N. M. BRINTON, OWEN F., Capt., Engineers, U. S. A. BROWN, HAROLD C., 2d Lieut., A. S. A.P.

Jan 1, 1919

By S. B. Christy

This report on the electrodeposition of gold and silver from cyanide solutions represents work that has occupied my time at intervals during the past 20 years. The investigation has been carried on simultaneously with my duties as professor of mining and metallurgy of the University of California. During shis long investigation I have been assisted in the details of the work by, a number of my former students, acting in turn as assistants. Particular mention in this connection is due W. H. Hilton, who graduated in 1900; C. T. Dozier, 1902; N. C. Stines, 1905; H. N. Herrick, 1907, and L. C. Uren, 1911. It is impossible to publish full details of the many thousands of experiments performed. Effort has been made to present only the essential data. Wherever possible, the results of the experiments have been expressed in diagrammatic form by curves showing the relation between the simultaneous variables of the experiments. It is necessary to show, as nearly as may be, the state of the art. This is difficult because of the meager literature on electrodeposition in the cyanide process; hence resort must be had to the specifications and claims of patents, most of which seem never to have been applied on a working scale. Such information consequently can not be taken at its face value. Expressing the essential ideas evolved in such specifications is no easy task. Clearly, in quoting from patent records it is not ·feasible to enumerate all of the specifications or the claims allowed the inventors. A statement of the chief contributions to the art in the patent cited must suffice. Legal details, of course, must be obtained from the original patent. In the study of patent literature, when one compares the ardent hopes of the inventors with the results realized from their efforts, it becomes clear that in the development of an art no one man contributes everything. Each subsequent inventor stands on the shoulders of the one who has gone before. It is only through the summation of the contributions of many inventors that the art as a whole prospers. On October 19, 1887, a British patent was granted to McArthur and Forrest for the use of dilute cyanide solutions for treating gold and silver ores. The rapid extension of this process, in various forms, all over the world, has almost revolutionized the treatment of ores containing precious metals. It is a remarkable fact, however, that long before this patent was granted there was issued, on February 5, 1867, to J. H. Rae, U. S. patent 61866, for an electrocyanide process. Thus a method of electrodeposition from cyanide solutions used for treating ores was invented 20 years before the McArthur and Forrest patent .was granted, although the process did not come into general use. On May 24, 1889, U. S. patent 403202 was granted to McArthur and Forrest for the use of zinc shavings for removing gold and silver from cyanide solutions. The use of finely divided zinc is still the standard method for recovering 'gold and silver from cyanide solutions. Since this patent was granted, many attempts have been made to replace the precipitation upon the zinc by methods of electrodeposition. It is the purpose of this report to give an outline of some of these methods, as well as to show the relative advantages and disadvantages of the zinc and the electrical methods of recovering gold and silver from cyanide solutions.

Jan 1, 1919

By VAN. H. MANNING

During the nine years that have elapsed since the Bureau of Mines was established in 1910, the work of the bureau has included many investigations that have proved of high value to the Nation. Eleven mining experiment stations established by act of Congress have greatly increased the bureau's usefulness; being situated in the mining fields, these stations are closely in touch with industrial needs, and the results of their research and educational work are more directly available to those engaged in the mining, metallurgical, and mineral industries. In the United States mining is second in importance to agriculture only. The Federal Government annually appropriates large sums in the interest of agriculture, whereas the appropriations for mining are relatively small. But the nation-wide popularity of Government assistance to agriculture should not overshadow the need of Federal assistance to the mineral industry. With scientific management farms can be made to produce indefinitely without any depletion of the potential resources of the soil, but the mineral wealth of a country is a fixed quantity, and every year's production brings nearer its ulti- mate exhaustion. As the deposits of the richer or more readily available ores, espe- cially those in the West, have been depleted, development of methods for mining and treating the leaner or more inaccessible ores has lagged, so that meeting the increasing demands for certain metals is becoming more and more difficult. In some branches of mining the small inde- pendent operator is greatly handicapped. He has to rely on custom mills and smelters for the profit or loss of his product, and because of relatively inefficient methods of milling or smelting he may receive no return for much of the ore he mines. Even though the small operator thinks he knows of improved methods of obtaining the metals from the ores, he can not afford to install the necessary machinery or to carry on experiments that may or may not prove successful. In view of the increasing need of metals and the impossibility of renewing the ore supplies, efforts should be directed toward developing the most economical and efficient methods in mining and metal- lurgy. The great mining companies carry on independent research work, some of them on a large scale; but as such work is usually undertaken for gainful purposes, these companies do not feel under any obligation to give the results of their investigations to the world. Clearly the solution of the difficulty is to place in the mining districts trained mining and metallurgical engineers who will investigate and solve the problems for the benefit of the whole industry. It is with this purpose in view that experiment stations of the Bureau of Mines have been established to investigate economy, efficiency, and safety in mining, and to make public the results of the investigations. The Federal Government can be of most help in developing the mineral resources of the country when its forces are brought in direct contact with these resources. Mining is as old as civilization, but only within a generation has this country busied itself with any other problem of mining than the amount of mineral products that could be put upon the market. Little concern was felt if much of the metal in an ore was wasted, if the miner lived in unsanitary surround- ings and died of preventable disease, or if accidents occurred fre- quently and from causes that could easily be controlled. Now we realize that the waste of any resource is inexcusable. The mineral wealth of the country can be mined but once. The task before the Nation is to recover as much metal as possible from the ore in the ground, and to do this in the most economical way without waste of human life. This task is of such magnitude as to warrant aid from the Government through experiment stations. In its efforts to make the work of these stations of most benefit to the mineral industry the Bureau of Mines seeks the cooperation of State authorities, of mine operators, of miners' organizations, and of every person interested. These experiment stations also serve an educational purpose. Gen- erally speaking, mining is not a preferred occupation. The miner should have reason to take greater interest in his work; he should feel that the experiments the Government is making affect him vitally by enabling him to increase his production and by making his work safer. The mine operator should realize that the Government stands ready to aid him, and he should know that he can bring his own problems to a Government organization that is trained and equipped to solve them. The surest method of accomplishing these results is to carry the work of the Bureau of Mines into the mining regions through the establishment of experiment stations easily accessible both to the mine operator and to the miner. Many miners in this country do not read English, but they can understand motion pictures of mining methods; they can learn how lives can be saved in case of accident; and they can appreciate the larger results gained by modern methods and equipment. In every

Jan 1, 1919

By Oliver C. Ralston, Dorsey A. Lyon

Volatilization in retorts has been, until recently, the only commercial process of producing spelter, hence the zinc mine operators have had to meet the terms of the zinc smelters in regard to the following requirements: (1) Minimum percentage of zinc the ore must contain; (2) the chemical combination of the zinc in the ore; (3) the proportion present of those elements that interfere with the suceessful recovery of the zinc when the ore is retorted. In consequence of these requirements, only a comparatively small proportion of the zinc ores mined can be shipped directly to the smelters.

Jan 1, 1919

By J. M. WADSWORTH

The purpose of this bulletin is to describe the methods of constructing and operating representative types of plants in the United States used for removing the light hydrocarbons from petroleum by continuous distillation, such plants being commonly known in the trade as topping or skimming plants. In the discussion of each plant an endeavor has been made to arrange the text similarly in order to facilitate comparison and to emphasize the important features. The various experimental values for the specific and the latent heats of the oils apply approximately to the oil treated. Careful experiments with each oil and its commercial fractions were not justifiable in view of the purpose of this report. It is regretted that limitations for recording data at the different plants made impossible the determination of a heat balance for each, which would have provided an equitable method of comparing efficiencies. The writer has confined himself to a comparison of the relative efficiencies of the distilling apparatus alone by the following method: Effi . f till d tt" _ Heat theoretically required. ciency 0 SIS an se mgs - Heat content of fuel consumed. The plants described are all in California where the topping industry has had its growth accentuated by the character and the use of the oil handled. The scarcity of suitable coal made the adoption of other fuel necessary, and the heavy oil of California supplied the need. To raise the flash point and to dehydrate this oil, various plants have been developed. However, the topping industry is represented in other fields; the Roxana Petroleum Co. of Cushing, Okla., and the Warner-Quinlan Asphalt Co. of New Jersey, are operating Trumble plants, and Texas and Oklahoma operators have been experimenting with different pipe retorts for continuous running. In addition to the reasons for topping cited above, in California topping has other purposes which give the plants practically a universal field in the oil industry. These additional purposes are (1) to remove the lighter constituents of the oil prior to storage for a long period, thus reducing the losses from evaporation, (2) to dehydrate and clean the oil, and (3) in conjunction with a complete refinery, to remove the lighter fractions cheaply and quickly, leaving a residue to be rerun for lubricants, coke, and other products. The reader in studying a plant for possible adaption to his own use should note that local considerations enter into the design and size of a plant. Several questions present themselves, as follows: 1. What type is suitable for the oil? 2. How much money is available for construction? 3. Will the volume of residuum be large enough for heat exchange with the crude? 4. Can the heat content of the vapors be used to reduce the cooling-water requirements? 5. What method will best recover the heat from stack gases? 6. Are the various pieces of apparatus adequate in size and best adapted to their purpose? 7. Is every possible provision made for the recovery of waste heat? 8. What products will be made, and what volume of each? 9. Is there provision for the recovery of light vapors? 10. Will the saving of fuel justify the capital and maintenance charges on the regenerative apparatus contemplated? It is regretted that information concerning the operation of topping plants with eastern and Middle West oils is not available. The writer carefully canvassed the Middle West, but did not find a plant where operation had progressed beyond the early experimental stages and reliable figures could be furnished. The reader will find fuel economy and heat recovery emphasized throughout the descriptions. The conservation of the available petroleum supply is of the utmost importance, and the Bureau of Mines presents this paper to encourage the hearty cooperation of operators to that end. The Baume gravity scale used throughout the report is that of Tagliabue with a modulus of 141.5 for conversion to specific gravity.

Jan 1, 1919

By E. H. Burroughs

HISTORICAL REFERENCES OCCURRENCE-GEOLOGY AND ORIGIN. 4. ARNOLD, RALPH. Conservation of the oil and gas resources of the Americas, Econ. Geol., vol. 11, Apr.-May, 1916, pp. 203-222; June, 1916, pp. 299-326; Proc. 2nd Pan American Sci. Cong., 1915-1916, vol. 3, Conservation of natural resources, pp. 207-237. Shows occurrence of oll, and status and possibilities of oil Industry in each country. Discusses briefly ways in which oll reserves may be conserved. 5. RUTIS, A. A. Petroleum known since remote times. Oil and Gas Jour., vol. 15, Nov. 2, 1916, pp. 33, 37. Gives historical reférences to the use of petroleum from Bible times to its discovery In America. See also Nos. 3, 257, 202, 337, 1843.

Jan 1, 1919

By Van H. Manning

The term war minerals has been applied t.o those ores and minerals that were largely imported. before the war. Among the mon important of these are manganese, essential for making high-grade steel for munitions and industrial use; graphite, for u,.akin1 crucibles; tin, for plating utAmsils and for bearing-met.al; mereury, used as fulminate t.o explode shells; pot.uh, for making fertilizer and explosives; tungsten and molybdenum, for high-speed t.ool steel; antimony, for hardening bul!et lead; chromite, for tool steel, for tan- , ning leather, and as a refractory lining in furnaces; magnesite, for :refract:A>ry linings; mica, as insulating material; platinum, for the manufacture of sulphuric acid and for electrical apparatus. When the United States entered the war it was clear that every ship would be needed and that the number available for importing minerals would be small. Hence a quick and thorough survey of domestic resources was necessary. . Throughout the war the scope and volume of the war-minerals work increased until it covered practically every mineral that was known t.o be or was liable to be in short supply.

Jan 1, 1919

By EDGAR K. SOPER, Clarence A. Wright, DOUGLAS C. LIVINGSTON, Thomas Varley

In 1917 the Federal Bureau of Mines and the University of Idaho arranged to cooperate in an investigation looking to the improvement of mining and milling methods in the mining districts of the State of Idaho, with an especial view to the wider development of the minerul deposits and greater efficiency in the treatment of the lowgrade ores of the State. This work has been made possible lnrgely through the generosity and active assistance of the mine operators, especially certain companies in the Coeur d'Alene region. As the first step in the work under the cooperative agreement it wa.s decided to gather all data possible on the various mining districts throughout the State, both active and abandoned, in order to ascertain their potential possibilities, especial attention being paid to methods of metallurgical treatment and to the solution of the many metallurgical problems in order to effect a greater commercinl saving. With this plan in view, field work was begun in the latter part of May, 1917, and was continued during the summer. E. K. Soper, formerly professor of mining, University of Idaho, and now dean of the mining department of Oregon Agricultural • College, Corvallis, Oreg., visited the mining districts in central and southwestern Idaho and also some of those in the northern part of the St.ate. D. C. Livingston, professor of geology at the University of Idaho, Moscow, Idaho, also visited some of the mining districts in central Idaho during the summer; in addition, much valuable information he had gathered on former trips to many other districts is included in this report. Credit is also due Mr. Livingston for the maps covering the State, as well as the bibliography nt the end of each chapter. Thomas Varley, superintendent of the Seattle mining experiment station of the Bureau of Mines, spent a short time in the field, principally in the mining districts in central and . northern Idaho, and made a brief visit to the southwestern districts with Mr Soper. The field work of Mr. C. A. Wright, metallurgical engineer of the Bureau of Mines, in direct charge of the cooperative work, was chiefly in the Coeur d'Alene region. Mr. Wright visited nearly all of the mining districts in the region and devoted most of his time to studying the milling methods. The results of the investigation are set 1iorth in this bulletin. The bulletin aims to give the l9Calities of the various mining districts, and the nature of the present operations and those that have been carried on in the past. The geology is discussed only in a general way, the descriptions being intended more especially to bring out the types of ore deposits and the character of the ores, a knowledge of which is essential in determining the proper treatment of the ores. The writers do not wish to imply that all districts mentioned in this bulletin were visited during the summer of 1917, for a great deal of the material has been gathered from other reports, especially from publications of the United States Geological Survey. However, it is hoped that this report will be of help to those who are interested in mining in the State of Idaho. The plan is to continue the field work and subsequently publish the results of the investigations in much more detail, with greater emphasis given the metallurgical treatment of the ores and the problems involved.

Jan 1, 1919

By J. W. Thompson

The term "minerals" when employed in a conveyance in the State of West Virginia is understood to include every inorganic substance which can be extracted from the earth for profit, whether it be solid, as rock, fire clay, the various metals and coal, or liquid, such as salt, and other mineral waters and petroleum oil and gas. Horse Creek Land & Mining Co. v. Midkiff (West Virginia), 95 Southeastern 26, p. 27. TERM INCLUDES OIL AND OAS. The term "minerals" used to describe the interest in land granted or reserved bona fide includes petroleum oil and natural gas. Horse Creek Land & Mining Co. v. Midkiff (West Virginia), 95 Southeastern 26, p. 27. INJUNCTION TO PREVENT RElllOVAL. The removal of ore from the premises of another without his consent will be enjoined. Barnes v. Esch (Oregon), 169 Pacific, 512, p. 518. TITLE TO MEXICAN BULLION-JURISDICTION OF FEDERAL COURTS TO DETERMINE. Where bullion within the jurisdiction of the Mexican Government was seized, condemned, and sold for war supplies by the Constitutionalist forces in the revolution acting under authority from Gen. Carranza, claiming to be the provisional President of the Republic of Mexico, a United States district court of Texas, into which State the bullion has been imported from Mexico, has jurisdiction to try and adjudge as to the validity of the title acquired by and through the seizure, appropriation, and sale by the Carranza forces as against an American citizen claiming ownership of such bullion prior to its seizure.

Jan 1, 1919

By C. P. Bowie

During the period of 10 years from January 1, 1908, to January 1, 1918, approximately 12,850,000 barrels of oil and 5,024,506,000 cubic feet of gas were destroyed by fire in the United States, entailing a total estimated property loss of $25,254,200. During this period 503 fires were reported. As is shown in Plates I and II, 310 of these fires were caused by lightning and 193 by all other causes. The losses from the fires caused by lightning were estimated to be $11, 148,000, and from those due to all other causes $14,106,200. Directly and indirectly, the fires resulted in the deaths of nearly 150 persons and were responsible for almost as many more being permanently disabled. For the past three years the Bureau of Mines has been conducting investigations to determine the nature and the specific causes of these fires, with a view to suggesting means whereby they may be suc- cessfully combatted and, in some places, perhaps eliminated entirely. As the subject of oil and gas fires is necessarily broad, no attempt is made in this bulletin to treat it exhaustively; rather the bulletin aims to point out what has been done by operators in the past, and to describe various fire-prevention methods and fire-fighting appa- ratus which are being used or adopted by many of the larger oil companies. These methods and apparatus, it is believed, if uni- versally employed by operators, will largely decrease the present enormous annual losses. In the discussion of oil-well fires, the methods used in extinguishing several of the larger and more perplexing ones are described. As the right procedure for extinguishing any oil-well fire must be de- termined largely by local conditions, it is not probable that all of the methods used at some one fire, as described, will be applicable to a future fire. However, the operator, from these descriptions, may at least gain suggestions that will greatly assist him in fighting similar fires.

Jan 1, 1919

By J. W. Thompson

BURYING DEAD MINERS. BURYING BODIES OF DEAD MINERS. REVISED STATUTES (HURD) 1874, P. 263. SEC. 22. LIABILITY OF RAILROADS, ETC., FOR BURIAL EXPENSES.-When any railroad company, stage or any steamboat, propeller, or other vessel engaged in whole or in part in carrying passengers for hire, brings the dead body of any person into this State, or any person dies upon any railroad car or in such stage, steamboat, propeller or other vessel in this State, or any person is killed by cars, or machinery of any railroad company or by accident thereto or by accident to or upon any such stage, steamboat, propeller, or other vessel, or by accident to or in or about any mine, mill or manufactory,* the company or person owning or operating such cars, inachinery, stage, steamboat, propeller, or other vessel, mine, mill or manufactory shall be liable to pay the expenses of the coroner's inquest upon and burial of the deceased and the same may be recovered in the name of the County in any court of competent Jurisdiction. NOTE--The original Act of February 15, 1855 (Laws 1855, p. 170), makes no reference to the dead bodies of persons killed" by accident to, in or about any mine."

Jan 1, 1919

By J. W. Thompson

A mining company for a period of 12 years bad been selling its ore to a certain smelting company for the purpose of obtaining a continuous and steady market for its ore and for the purpose on the part of the smelting company of obtaining a continuous and steady supply of ore for smelting; an agreement was entered into by which the mining company agreed to eell and the smelting company agreed to purcshase at ruling prices all the ore produced by the mining company of certain' stated grades, and to this end the mining company agreed to actively operate its mines. It is no longer the rule that a suit will not lie for the specific performance of a contract relating to personal property ; but the question for determination in such a case is whether the complainant has a plain, speedy and adequate and complete remedy at law, and if he has no such remedy, specific performance will be granted. In an action by a smelting company for the specific performance of a contract of sale it appeared that the ore produced by the mining company bad a peculiar value for smelt. i.ng purposes and was not readily obtainable elsewhere, and it would be practically impossible to measure the value for determining the loss the complainant would sustain· if the smelting company were not ,able ,to obtain the ore under the contract. It is comparatively simple for a court of equity to enforce the agreement as it pertains to the normal product of the mine and there is no plausible reason why a court may not require a performance on the part of the mining company where the mining company obligated it:Belf to operate all its mines. There is no delicate or complex condition involved in the production or delivery of the ore 'or in obtaining_ the stipulated prices agreed upon, and there is nothing apparent that will necessitate supervisory· control in requiring performance on the part of the mining company. A decree for specific perfoi:m,ance would require no supervision by the court either for the operation of the mines or for ascertaining and fixing the prices the mining company is to receive for its ore.

Jan 1, 1919

By J. W. Thompson

MEANING OF TERM, The term "minerals" when used in grants or in reservations or instruments of conveyance is not limited to metals or metalliferous deposits, whether contained in veins that have well-defined walls or in beds or deposits that are irregular and are found at or near the surface or otherwise. Byron v. Utah Copper Co., Utah, 178 Pacific 53, p. 58. The term "mineral" in its commercial sense has been defined as any organic substance found in nature having sufficient value sepa- rate from its situs as part of the earth to be mined, quarried, or dug for its own sake or its own specific use. Rockhouse Fork Land Co. v. Raleigh Brick & Tile Co., - W. Va., 97 South- eastern 684, p. 685. CONSTRUCTION AND MEANING. It can not be said that the term "minerals" includes only such substances as are procured by tunnelling and shafting, as much gold is procured by placer mining and rich deposits of manganese and other like ores are found upon the surface of the earth and are some- times obtained without either quarrying or mining. Rockhouse Fork Land Co. v. Raleigh Brick & Tile Co., W. Va. ——, 97 South- eastern 684, p. 685. GRANITE AS MINERAL. It has been determined that granite was included in a grant of minerals. Rockhouse Fork Land Co. v. Raleigh Brick & Tile Co., -W. Va., 97 South eastern 684, p. 685. See Armstrong v. Lake Champlain Granite Co., 147 N. Y. 495, 42 Northeastern 186.

Jan 1, 1919

By J. W. Thompson

ESTATE IN MINERALS. Minerals beneath the surface may be made the subject of separate ownership either by a grant of the minerals by the owner of the land or by a grant of the land excepting the minerals, and thereby an estate in fee simple is created in the minerals, as corporeal things real. Colby, In re, Iowa, 169 Northwestern 443, p. 444. DEEDS EXCHANGING DIFFERENT MINERALS-RIGHTS OF PARTIES. The lands of two adjoining owners were underlaid with cement rock and clay at a depth of about 100 feet from the surface and with coal veins some 600 feet below the surface. By an exchange of deeds one of the land owners conveyed to the other the cement rock and clay with the right to mine and remove the same without entering upon the surface, but the deed contained no covenant not to injure the surface. The other deed conveyed the coal seam and so much of the rock and other minerals just above and below the coal as might be required in connection with the mining and removing of the coal, together with the right to mine and remove the same, and the adja- cent rock, clay, and other minerals, without entering upon or injuring the surface, with one immaterial exception. The deeds do not define the word "surface" and neither expressly nor by implication did they secure to the coal owner the right to subside the overlying cement rock; but the implication is to the contrary, as the deed gives the right to mine and remove coal without entering upon or injuring the surface. The provision that the coal owner should not enter upon or injure the surface amounts to a clause that the coal mine. shall not be worked so as to let down the surface and this does not create any inconsistency with the provision giving the right to mine and carry away the coal.

Jan 1, 1919