THE USE BOOK. 283 



clusively establish the mineral character of all the land in- 

 cluded in the claim, so as to preclude further inquiry in 

 respect thereto. (Ferrell et al. v. Hoge et al., 29 L. D., 12. 

 Syllabus.) 



The entire area that may be taken as a placer claim can not 

 be acquired as appurtenant to placer deposits which are 

 shown to exist only in a portion thereof. (Same.) 



Where a part of the area embraced within a placer entry, in 

 this instance twenty acres, is shown to contain no valuable 

 mineral deposit subject to placer location, such part of the 

 claim will be excluded from the entry. (Same.) 



Deposits of fire clay or kaolin, being nonmetalliferous in char- 

 acter, are properly subject to entry as placers and not as 

 lode claims. (The Dobbs' Placer Mine, 1 L. D., 565. Syl- 

 labus.) 



Whatever is recognized as a mineral by the standard authori- 

 ties, whether of metallic or other substances, when found 

 in the public lands in quantity and quality sufficient to 

 render the land more valuable on account thereof than for 

 agricultural purposes, must be treated as coming within 

 the purview of the mining laws. (Pacific Coast Marble 

 Co. v. Northern Pacific R. R. Co. et al., 25 L. D., 233. Syl- 

 labus.) 



Lands valuable only on account of the marble deposit contained 

 therein are subject to placer entry under the mining laws. 

 (Same.) 



Lauds containing valuable mineral deposits, whether of the 

 metalliferous or fossil if erous class, of such quantity and 

 quality as to render them subject to entry under the mining 

 laws, are " mineral lands " within the meaning of that 

 term as used in the exception from the grant to the North- 

 ern Pacific Company for railroad purposes and to the State 

 for school purposes. (Same.) 



A deposit of " brick clay " will not warrant the classification 

 of land as mineral, or entry thereof as a placer claim. 

 (Dunluce Placer Mine, 6 L. D., 761. Syllabus.) 



The mineral character of the land is established when it is 

 shown to have upon or within it such a substance as (a) is 

 recognized as mineral, according to its chemical composi- 

 tion, by the standard authorities on the subject, or (ft) is 

 classified as a mineral product in trade or commerce, or 

 (c) such a substance (other than the mere surface, which 

 may be used for agricultural purposes) as possesses eco- 

 nomic value for use in trade, manufacture, or ornamental 

 arts; and it is demonstrated that such substance exists 

 therein or thereon in such quantities as render the land 



