LANDS MINING DECISIONS. 63 



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; see same case, 42 L. D., 584.) 



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 consti- 

 tute 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 ; see same case, 42 L. D., 584.) 



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 indicate 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; see 43 

 L. D., 79.) 



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 denned boundaries, in the general mass of the mountain." 

 (Iron Silver Mining Co. y. 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 ; 43 L. D., 79 ; 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 

 McDonald et al., 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.) 



The act permitting entry under the placer mining laws of lands 

 chiefly valuable for building stone applies only to deposits of stone of 

 special or peculiar value for structural work, such as the erection of 

 houses, office buildings, and such other recognized commercial uses 

 as demand and will secure the profitable extraction and marketing of 

 the product. It does not apply to stone suitable only for building 

 foundations, fences, abutments, or other rough work and which is 

 widely distributed over large regions of territory. (Ex parte Stanis- 

 laus Electric Power Co., 41 L. D., 655.) 



