bearing similar metals or ores. Any definition of the term should therefore be sufficiently broad to embrace deposits of the several metals or ores here mentioned. In the construction of statutes general terms must receive that interpretation which will include all the instances enumerated as comprehended by them. The definition of a lode given by geologists is that of a fissure in the earth's crust filled with mineral matter, or, more accurately, an aggregation of mineral matter containing ores in fissures."1

Congress evidently intended to use the words "lode," "vein" and "deposit" in an enlarged and comprehensive rather than a restricted sense. Cinnabar is not found in any fissure of the earth's crust, or in any lode, as defined by geologists, yet the acts of congress speak of lodes of quartz or other rock in place bearing cinnabar, the words thus employed indicating an intention to cover all classes and conditions of ore crevices in rock in place.2

1 Eureka M. Co. v. Richmond M. Co., 4 Sawy. 302, 8 Fed. Cas. 819, No. 4,528. See also Von Cotta, Treatise on Ore Deposits, Prime's Translation, p. 26.

2See North Noonday M. Co. v. Orient M. Co., 6 Sawy. 249, 1 Fed. Rep. 522; Leadville M. Co. v. Fitzgerald, 1 McCrary, 480, 15 Fed. Cas., p. 98, No. 8,158; United States v. Iron Silver M. Co., 128 U. S. 673; Jupiter M. Co. v. Bodie Cons. M. Co., 11 Fed. Rep. 666; Iron Silver M. Co. v. Cheesman, 116 U. S. 529; Mount Diablo M. Co. v. Callison, 5 Sawy. 439, 17 Fed. Cas. 918, No. 9,886; Shoshone M. Co. v. Rutter, 87 Fed. Rep. 801; Migeon v. Montana Cent. Ry. Co., 77 Fed. Rep. 249, 23 C. C. A. 156; Iron Silver M. Co. v. Mike and Starr G. & S. M. Co., 143

U. S. 39; Meydenbauer v. Stevens,

78 Fed. Rep. 797; Gregory v. Pershbaker, 73 Cal. 109, 14 Pac. Rep. 401; Stinchfield v. Gillis, 96 Cal. 33, 30 Pac. Rep. 829; Golden Terra M. Co. v. Mahler, 2 Dak. 399, 4 Morr. M. R. 390; Burk v. McDonald, 2 Idaho, 646, 33 Pac. Rep. 49; Moxon v. Wilkinson, 2 Mont. 421; Butte & B. M. Co. v. Societe Anonyme des Mines DeLexington (Mont.), 58 Pac. Rep. 111; Casey v. Thieveige, 17 Mont. 341, 48 Pac. Rep. 394: Foote v. National M. Co., 2 Mont. 402; Illinois M. Co. v. Raff (N. Mex.), 34 Pac. Rep. 111; Hays v. Lavignino, 17 Utah, 185, 53 Pac. Rep. 1029; Harrington v. Chambers, 3 Utah, 94; Raysback v Anthony, 73 Wis. 572, 41 N. W. Rep. 72; Jones v. Prospect Mt. Tunnel Co., 21 Nev. 389, 31 Pac. Rep. 642; Phillpots v. Blaisdel, 8 Nev. 61.

§ 283. Other broad definitions, legal, technical and scientific - Origin of the term "lode "-Equivalents used elsewhere. Early in the history of the statute, that is, comparatively early, with reference to the litigation that grew out of it, Hon. Willis Drummond, commissioner of the general land office, was called upon for an expression of opinion as to what was locatable as lodes, veins or ledges under the statute, and in a circular sent out to surveyorsgeneral and registers and receivers he gives these definitions: 1

"In geology and among miners, veins or lodes imply generally an aggregation of mineral matter found in the fissures of the rocks which inclose it, but are of great variety, veins differing very much in their formation and appear. ance. 'Lode' is a term in general use among the tin miners of Cornwall, and was introduced on the Pacific coast by emigrants from the Cornish mines, and signifies a fissure filled either by metallic or earthy matters. In several of the mining districts the terms 'lead' and 'ledge' are employed in the local regulations concerning mines. Lead is used to convey the same idea as lode, while ledge would seem to indicate a layer or stratum of mineral interposed between a cross or ridge of rocks. . .

"European miners mention still others, called in England 'floors,' in Germany 'stock wercke,' and a form of deposit known as fahlband. These latter are, more properly speaking, ore-bearing belts, irregular in their dimensions, but presenting a certain degree of parallelism with each other. Similar in these respects to the fahlbands are the metalliferous zones or 'amygdaloidal bands,' which are said to exist on Mt. Lincoln and Mt. Bross, in Colorado. . . .

"But there is no reason for supposing that the terms were employed in their strict geological signification. But the plain object of the law is to dispose of the mineral lands of the United States at their money value, and what form of

1 Commissioner Drummond in a land office circular of July 15, 1873, Copp's Min. Lands, pp. 50, 51.

deposit can be embraced in the general phrase 'vein or lode of quartz or other rock in place' be sold at the rate of five dollars per acre." 1

Mr. Justice Miller, copying from the language of Justice Field in the Eureka case, gives this definition of a lode: "A continuous body of mineralized rock lying within any other well-defined boundaries on the earth's surface would equally constitute . a lode." 3

Commissioner Drummond, in the circular above referred to, says: "Veins may be either sedimentary, plutonic or segregated, or of infiltration or attrition, depending upon the peculiar formation, or the mode of occurrence of the mineral deposit. There is also another form of deposit different from either of those mentioned above, called 'contact deposit.'

"However, if the question were raised, neither of the forms of deposit known as contact deposit, fahlbands or segregated veins could be accepted as true metalliferous veins, nor could it frequently be made to appear, without expensive excavation, whether the metal in the mine for which a patent is sought occurs in the form of a true vein or not." 5

§ 284. Same-Scientific and special definitions.- Professor Le Conte thus describes and defines the different veins: "All rocks, but especially metamorphic rocks in mountain regions, are seamed and scarred in every direction as if broken and again mended, as if wounded and again healed. All such seams and scars, of whatever nature and by whatever process formed, are often called by the general name of 'vein.' It is better, however, that dykes and so-called granite veins, or all cases of fissures, filled at the moment of formation by igneous injection, should be separated from the category of veins. True veins, then, are accumulations,

Copp's Mining Lands, p. 52. 2 Eureka Cons. M. Co. v. Richmond M. Co.. 4 Sawy. 302, 8 Fed. Cas. 819. 3 Iron Silver M. Co. v. Cheesman, 116 U. S. 529.

4 Ante, p. 250; Copp's Mining Lands, pp. 51, 52.

5 Copp's Min. Lands, p. 52.

mostly in fissures, of certain mineral matters usually in a purer and more sparry form than they exist in the rocks. The accumulation has in all cases taken place subsequently to the formation of the fissure and by a slow process. The limited veins are of three kinds: veins of segregation, veins of infiltration, and great fissure veins. These three, however, graduate into each other in such wise that it is often difficult to determine to which we must refer in any particular case." I

Justice Hillyer says: "While metalliferous rock in place may be so found within defined boundaries as to require recognition as a lode, although not in a fissure, a broad metalliferous zone cannot be permitted to swallow up, under the name 'lode,' true fissure veins found within its limits."2

Mr. Bainbridge calls it "an aggregation of mineral matter in fissures of rock." 3

The supreme court of Idaho, speaking through Chief Justice Beatty, says that every seam or crevice in the rock, even though filled with clay, earth or rock, does not constitute a lode or vein.1

§ 285. Other definitions by many of the great mining judges - All forms of rock in place covered by vein or lode.- Judge Hallett, in an early case in Colorado, defined a lode or vein, in his charge to the jury, as follows: "The books make some distinction between beds and lodes, and they make distinctions in the different classes of veins, as you have heard from counsel. But these distinctions are. not made in relation to this matter of the discovery and taking of these mineral deposits. It has been decided that congress, in passing this act, intended by this description. to embrace and include all forms of deposit which are lo

1 Le Conte, Elements of Geology, p. 234.

2 Mount Diablo M. & M. Co. v. Callison, 5 Sawy. 439, 17 Fed. Cas.

Bainbridge, Mines (1st Am. from 3d London ed.), p. 2.

4 Burk v. McDonald, 2 Idaho, 646, 33 Pac. Rep. 49.

cated in the general mass of the mountain, by whatever name they may be known. And the distinctions which are adopted by geologists in respect to the different kinds of veins are not important except for one question and for one purpose. Whether this may be called a true vein,

a contact vein or a bed; whether it lies with the stratification or transversely to it, the matter is of no importance for the purpose of determining this question. It is in any event a lode if it lies in place, within the meaning of this act, and it is in place if it is inclosed and embraced within the general mass of the mountain, and fixed and immovable in that position.”1

What the learned judge meant by "fixed in the mass of the mountain" undoubtedly is that it must be in the natural condition of the mountain as distinguished from the mass of drift or deposit eroded from it. And it is "fixed" when it is in the original position in which nature placed it, as distinguished from debris, wash, drift or slide.

The above definition of Judge Hallett was followed in a Wisconsin case, under a statute where veins or lodes were defined as "crevices" or "ranges," and it was there held that these words were equivalents of veins or lodes as used by the judges in the mining states.?

Judge Sawyer, in the United States court for the district. of Nevada, defined a lode or vein as follows: "The vein or lode authorized to be located is a seam or fissure in the earth's crust, filled with quartz, or with some other kind of rock in place carrying gold, silver or other valuable mineral deposits named in the statute. It may be very thin, and it may be many feet thick, or thin in places, almost or quite 'pinched out,' in miner's phrase, and in other places widening out into extensive bodies of ore. So also in places it may be quite or nearly barren and in other places im

1 Stevens v. Williams, 23 Fed. Cas 40-44, Nos. 13,413, 13,414. See also Stevens v. Gill, 23 Fed. Cas. 12, No. 13,398; Illinois Silver M. Co.

v. Rath, 7 N. M. 336, 34 Pac. Rep. 544.

2 Raisbeck v. Anthony, 73 Wis. 572, 41 N. W. Rep. 72.