I 



NATIONAL FOREST MANUAL LAWS. 39 



specimens of which are sold for profit, is not subject to location under 

 the mineral laws. (South Dakota Mining Co. v. McDonald, 30 L. D., 

 357.) 



While the statute does not prescribe what is necessary to constitute 

 a discovery under the mining laws of the United States, it is essential 

 that it gives reasonable evidence of the fact either that there is a vein 

 or lode carrying precious minerals, or if it be claimed as placer ground 

 that it is valuable for such mining; and where there is not enough in 

 what a locator claims to have seen to justify a prudent person in the 

 expenditure of money and labor in exploitation this court will not 

 overthrow a finding of the lower court that there was no discovery. 

 (Chrisman v. Miller, 197 U. S., 313, syllabus.) 



The exposure of substantially worthless deposits on the surface of a 

 lode mining claim; the finding of mere surface indications of mineral 

 within its limits; the discovery of valuable mineral deposits outside the 

 claim, or deductions from established geological facts relating to it, 

 one or all of which matters may reasonably give rise to a hope or belief, 

 however strong it may be, that a valuable mineral deposit exists within 

 the claim, will neither suffice as a discovery thereon, nor be entitled 

 to be accepted as the equivalent thereof. (East Tintic Consolidated 

 Mining Claim, 40 L. D., 271.) 



The exposure of substantially valueless deposits on the surface of a 

 lode mining claim, in themselves insusceptible of practical develop- 

 ment, but which taken in connection with other established geological 

 and mineralogical conditions in the district lead to the hope or belief 

 that a valuable mineral deposit exists within the claim, does not con- 

 stitute the discovery of a vein or lode within the meaning of the law nor 

 afford a valid basis for a lode location. (Rough Rider and other Lode 

 Claims, 41 L. D., 243.) 



Country rock in which it is claimed "kidneys" of copper ore may be 

 expected to be found, is not itself a lode within the meaning of the 

 mining laws, and the exposure of such rock within the limits of a lode 

 claim, which may or may not contain mineral, does not constitute the 

 discovery of a vein or lode within the meaning of the law, and is not a 

 sufficient basis to support a lode location. (Rough Rider and other 

 Lode Claims, 41 L.D., 255.) 



The location of a lode mining claim must be supported by the dis- 

 covery of the vein or lode within the limits of the claim located ; and 

 the exposure of substantially worthless deposits on the surface of a claim, 

 which from observation and geological inference are supposed to indi- 

 cate that other and unconnected veins or lodes lie at a greater depth, 

 does not constitute a discovery within contemplation of the law, and is 

 not a sufficient basis for a valid location. (East Tintic Consolidated 

 Mining Co. (on rehearing), 41 L. D., 255.) 



Vein or lode "as used in the acts of Congress is applicable to any 

 zone or belt of mineralized rock lying within boundaries clearly sepa- 

 rating it from the neighboring rock." ' ' In general, it may be said that 

 a lode or vein is a body of mineral or mineral body of rock, within 

 defined boundaries, in the general mass of the mountain. ' ' (Iron Silver 

 Mining Co. v. Cheesman, 116 U. S., 529, 534.) 



Discovery is a prerequisite to initiation of title under the mining 

 laws. (Bakersfield Fuel & Oil Co., 39 L. D., 460.) 



To constitute a valid discovery upon a lode mining claim for which 

 patent is sought there must be actually and physically exposed 

 within the limits thereof a vein or lode of mineral-bearing rock in 

 place, possessing in and of itself a present or prospective value for 

 mining purposes. (East Tintic Consolidated Mining Claim, 40 L. D., 

 271; see also Waskey v. Hammer, 223 U. S., 85.) 



Deposits of slate, which do not carry deposits of any other valuable 

 mineral, when found in quantity and quality sufficient to render the 

 land more valuable on that account than for agricultural purposes, are 

 subject to appropriation under the placer mining laws. (Roy McDon- 

 ald etal., 40 L. D., 7.) 



Valuable deposits of onyx in well-defined fissures in rock in place are 

 subject to appropriation under the lode mining laws. (Utah Onyx 

 Development Co., 38 L. D., 504.) 



