194 THE USE BOOK - APPENDIX. 



Whatever is recognized as a mineral by the standard authorities, 

 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. 



Lands valuable only on account of the marble deposit contained 

 therein are subject to placer entry under the mining laws. 



Lands containing valuable mineral deposits, whether of the metal- 

 liferous or fossiliferous 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 Northern Pacific Company 

 for railroad purposes and to the State for school purposes. 

 (Pacific Coast Marble Co. v. Northern Pacific R. R. Co. et al, 

 25 L. D., p. 233. Syllabus.) 



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., p. 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 composition by the stand- 

 ard .authorities on the subject, or (6) 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 pur- 

 poses) as possesses economic, value for use in trade, manufac- 

 ture, or ornamental arts; and it is demonstrated that such 

 substance exists therein or thereon in such quantities as ren- 

 der the land more valuable for the purpose of removing and 

 marketing the substance than for any other purpose, and the 

 removing and marketing of which will yield a profit; or it is 

 established that such substance exists in the lands in such 

 quantities as would justify a prudent man in expending labor 

 and capital in the effort to obtain it. (Rules for determining 

 mineral character of land; Lindley on Mines, vol. 1, sec. 98. ) 



RAILROAD LANDS WITHIN FOREST RESERVES. 



While the grant to the Northern Pacific Railroad Company under 

 the act of July 2, 1864, was in praesenti, and took effect upon 

 .the sections granted when the road was definitely located, by 

 relation as to the date of the grant, the survey of the land and 

 the identification of the sections whether odd or even is 

 reserved to the Government, and the equitable title of the rail- 

 road company and its assigns becomes a legal title only upon 

 the identification of the granted sections. Until the identifica- 

 tion of the sections by a Government survey the United States 



