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Lieutenant Gorman was born in Ottawa, Canada, in 1888, and after preliminary education at Ottawa University and the Ottawa Collegiate Institute, he graduated from McGill University in 1913, as a mining engineer. After graduation, Mr. Gorman spent several months in a tour of Europe. The year 1909 was occupied at one of the Canadian graphite mines, and the summer of 1911 he spent with the Granby Mining, Smelting & Power Co., Ltd. At the time of his admission to the Institute, in 1914, he was sampler with the Dome mines at South Porcupine, Ontario. His next engagement was at the Creighton mine, Ontario, but in 1916 he joined the Canadian Expeditionary Force and went to England. A letter written by Major Ritchie, commanding the Second Tunnelling Company, to Lieut. Gorman's mother, contains the following words. Tommy was lulled at our headquarters by a nine-inch shell which struck the officers' quarters. The Hun had been shelling a small village close to the camp with a long-range gun and a shot fell into our camp. Tom was killed instantly by the concussion. He mas buried this morning with Military Honours in the military cemetery close to our camp. Tommy was an efficient officer and a good soldier and his loss is very keenly felt by the officers and men of this unit. Lieutenant William Hague William Hague, First Lieutenant Co. F, 116th Regiment of Engineers, and a member of the Institute since 1906, died of pneumonia in France, on Jan. 1, 1918. Lieutenant Hague was born in Orange, N. J., Mar. 31, 1882, the son of the late James D. Hague, a distinguished mining engineer and a life member of the Institute, and Mary Ward (Foote) Hague, of Guilford, Conn. He attended Milton Academy, Milton, Mass., and was graduated from Harvard in the class of 1904. He was a nephew of the late Arnold Hague, of the United States Geological Survey. Seven years ago he married Elizabeth Stone, of Milton, who with their son, James D. Hague, six years old, survives him. Lieutenant Hague's mining career began immediately after his graduation from Harvard, when he went to Bisbee, Ariz., to be a surveyor's helper in the mines of the Copper Queen Consolidated Mining Co. In 1905, he became an instrument man, being engaged on the construction work of the Copper Queen smelting plant at Douglas, Ariz. In the latter part of the same year he was transferred to the geological depart-

Jan 1, 1920

By G. Townsend Harley

STOPING methods in which shoveling plays an important part are gradually being replaced by other and cheaper methods. But there will always be considerable shoveling done underground in stopes as well as in drifts, tunnels, urinzes, and shafts. At the mines of the PhelpsDodge Corporation at Tyrone, N. M., the cost of shoveling in all stopes in 1917 amounted to 24c. per T. In the top-slice stopes for the same period, it cost 27 c. per T. or 16 per cent, of the total cost of these stopes. The tonnage for shovelers from all stoping was 9.3 T. per man, and for topslicing 8.2 T. per man. These stopes were not unduly hot, and there was not more than the usual amount of timber to interfere with the work of the men. The tonnages obtained per shoveler were considered low; first, because of a poor grade of Mexican labor, many of the men having come in from railroad grading camps; and second, because of a poor spacing of raises, especially in the top-slice stopes, where, in general, they were spaced 25 ft. by 66 ft. (7.6 by 20.1 m.) centers. The average wage per laborer shift was $2.67 during the year. It was thought, however, that even under these conditions the men were not producing the tonnage that they should, so, with the consent of the management, the writer undertook to determine how the general efficiency of the underground shoveling could be improved. No predetermined plan for conducting these experiments was arranged because we had no definite ideas as to the scope of the work or the number of elements into which the investigation would resolve itself, before all of its phases could be determined. We were sure, however, that any work that would thoroughly cover the ground would have to be in the nature of a systematic time study, combined with a course of instruction in correct shoveling methods and adequate and intelligent supervision of the work. Two or three companies in the Southwest have done some work to determine the proper shovel to be used undcrground, but so far as is known the work has been limited to equipping certain parts of their mines with a particular type and size of shovel and thereafter watching the cost and efficiency records. In each case it seems to have been the shovel that held the 21-lb. (9.5-kg.) load that gave the bcst results. Excepting personal communications from these companies, the only data available on scientific shoveling are contained in F. W. Taylor's book, "The Principles of Scientific Management," and D. J. Haucr's article, in The Contractor for March 29, 1918, "A Hundred Hints for Shovelers." This paper discusses and draws conclusions from several thousand time-study readings, taken both on the surface and in the mines for nearly a year. A sufficient number of readings were taken on each factor in the problem for the plotting of curves of the performances and to obtain accurate indices of the work to be expected from this class of labor. The work is not as complete in all of its details as we would like to havc it, because we were forced to stop the work temporarily, owing to the numbcr of men going into the National service and our inability to get others who could make time studies. The results obtained so far, however, have been of such a startling nature that we have decided to submit them at this time, subject to future modification. It is hoped, also, that a free discussion of this paper will lead to a disclosure of any errors that may have becn embodied and offer some valuable suggestions for the conduct of future work.

Jan 1, 1920

By AIME AIME

THE twenty-second annual meeting of the Canadian Mining Institute was held at the King Edward Hotel, Toronto, on Mar. 8, 9, and 10, and was followed on the 11th by an all-day excursion to the International Nickel Refinery at Port Colborne. The meeting was very well attended and dealt with some of the most important matters, both technical and economic, that have ever come before the Canadian Institute. The question of licensing engineers is before the Canadian members as it is before our own in this country and the attitude of the mining engineers across the border is like that of the American mining engineers, opposed to the licensing of the mining. engineer, however they may feel toward the licensing of other branches of the engineering profession. It was well pointed out that such a law, had it been in existence in the last decade or two, would probably have prevented the rapid development of Canada's mines. Whereas one civil engineer can run a line of survey as well as another, perhaps, it is only a question in his case of whether he can or cannot survey. In the case of a mining engineer employed by a man with capital to invest in a development project, unless the man with the money has confidence in the judgment of his engineer the fact that he is a professional man would carry little weight in inducing a large investment toward the development of Canada's resources. It was also pointed out that although the Institute as a whole had not passed on the matter, it would probably be opposed to legislation aiming only for self-interest, but would be heartily in accord with legislation which could be shown to be for the service of the community at large.

Jan 1, 1920

By Lawrence Addicks

T HIS has been a most momentous year in the annals of the Institute. We have been in the midst of a situation which, were it not for the convulsions of social unrest with which life is surrounded on every side, would have attracted the attention of the world at large. I do not refer to the desperate campaign for new members. That has gone on much as usual except that, this being leap year, the annual proposal to the M. & M. Society has been omitted. Nor do I refer to the desperate situation which we found in other directions, the spread of Bolshevism, the burning of the Engineers' Club, the fact that the selling of copper appears to have become one of the lost arts. No, I speak of the great question which has to be. settled once and for all, as to whether this great Institute should adopt simplified spelling. The whole trouble started in the ranks of the California Hysterical Society. It appears, while most of the San Francisco members can read and write, several of them cannot spell. It also appears that the Secretary, in editing the Transactions, has perhaps made just a little bit too much of a point of employing the correct Stoughton idiom. At any rate, the rebels filed an amendment to the constitution, and the stage was set for civil war, with perhaps more stress on war than on civil.

Jan 1, 1920

By E. V. Daveler, Frank L. Antisell

CERTAIN physical and chemical properties of copper are so intimately related that a change in variation of the physical properties indicates a certain chemical change. The standard specifications of copper of the American Society for Testing Materials are based upon physical characteristics with one exception, namely, the copper contents. Certain phenomena of the surface indicate the adaptability of the metal for forging or rolling. The writer believes that it is much simpler to produce shapes that are metallurgically correct than those that are mechanically satisfactory. The appearance of the surface of the copper when cooled is considered as to its "pitch," or the general contour of the surface, and the "set," or the decail appearance of the surface of the shape. The set of the copper is, in a very large measure, directly related to the pitch; and so intimately are these characteristics connected that they are often used as synonymous terms by the refiner when he is speaking of well-refined copper. Oxygen is often spoken of as a medicine for copper, it being used to regulate the pitch.

Jan 1, 1920

By Albert H. Fay

This glossary is published by the Bureau of Mines as a contribution to the mining literature in the belief that it will fill a long-felt need. It contains about 20,000 terms; these include both technical and purely local terms related to metal mining, coal mining., quarrying, petroleum, and natural gas, and metallurgical works; names of useful, important, and common minerals and rocks; and geological terms. It presents in one comprehensive volume the available standard, technical terms relating to the mining and mineral industry, as well as provincialisms that have been or are now in use in English-speaking countries. The glossary also includes many terms relating to ceramics and. the clay industry, glass making, foundry practice, railway and building construction, electrical installation and power-plant equipment, and chemical terms relating to metallurgical practice. Complete lists of terms for each of these allied industries are beyond the scope of this glossary. Paleontological terms, although closely associated with geology, are far removed from mining and metallurgical operations, and for this reason have been omitted.

Jan 1, 1920

The following thesis is an outcome of an investigation undertaken by the writer, at the suggestion of Professor Skeats, of the dykes and associated auriferous reefs of the Walhalla-Wood's Point belt, with the view of determining what relation, if any, existed between the petrological nature and the extent of llietasomatic alteration undergone by the dykes, and the genesis and localization of the gold.Although the greater part of the writer's time in the field and laboratory was occupied in studying the dykes and auriferous occurrences, a study was also made of the general geology as a basis for the special investigation. In addition, it soon became evident in the field that secondary enrichment had played a marked part in re-concentrating the gold and some interesting data in this connection have been collected. For example, indubitable evidence has been found of nuggets of gold having been formed by secondary processes.

Jan 1, 1920

By Albert H. Fay

This glossary is publi~hed- by the Bureau of Mines as a contribution' to the mining literature in the belief that it will fill a long-felt need. It contains about 20,000 terms; these include both technical and purely local terms related to metal mining, coal mining, quarrying, petroleum, and natural gas, and metallurgical works; names of useful, important, and common minerals and rocks; an<lgeological terms. It presents in one comprehensive volume the available standard, technical terms relating to the mining and mineral industry, as well as provincialisms that have been or are now in use in English-speaking countries. The glossary also includes many terms relating to ceramics and the clay industry, glass making, foundry practice, railway and building construction, electrical installation and power-plant equipment, and chemical terms relating to metallurgical practice. Complete lists of terms for' each of these allied industries are beyond the scope of this glossary. Paleontological terms, although closely associated with geology, are far removed from mining and metallurgical operations, and for this reason have been omitted. In a compilation of this magnitude, it is difficult, within a reasonable time to verify all definitions as to the latest usage. Much verifying was done and it is hoped that the best and latest definitions have been used. Reference to the publications cited will enable the reader to determine approximately the period when the definition was used. Definitions in use by engineers of high national or international reputation are given first preference. When definitions from different sources are the same, credit is given to the earlier author as being the original or nearest to the original source. Immediately following each term the name of the locality wherein the word is presumed to have originated or is widely used is given, where such information is available. The name of the author or source from which the definition was obtained follows the definition, and serves as a key to the publications listed. The terms selected from the various glossaries and publications examined have been compared with the Webster,

Jan 1, 1920

By L. C. IlsLey, E. J. Gleim

Electrical apparatus because of its flexibility and its adaptability to all classes of service has become essential to the mining industry. Hence the problem of providing electrical equipment that is safe for use in explosive mixtures of methane and air is of prime importance in coal mining. Ilwestigatorsand experiment stations early recognized this fact and much work has been done in the investigation and the development of electrical apparatus for use in atmospheres containing fire damp. The term "fire damp" as applied throughout this bulletin means an explosive mixture of methane and air. Direct-current motors and alternating-current motors of the slipring type when running usually give off electric arcs or flashes that will ignite fire damp. Other 'motors that ha,'e no moving electric contacts may become dangerous through accident, deterioration, or neglect. Auxiliary apparatus such as fuses, switches, rheostats, and controllers may arc, flash, or become heated to snch a degree that fire damp can be ignited. Such equipment is still more dangerous when worn or out of repair. In the United States the development of apparatus for use in gaseous mines has been associated largely with coal-cutting equipment run by electricity. This is undoubtedly due to the use of such equipment at the face of the mine workings, where the chance of igniting fire damp is necessarily greatest. One American manufacturer built a coal-cutting equipment of the totally inclosed type for use in firo damp atmospheres in 1903. Another built similar equipment with special protective devices in 1906, for export. During the years 1910 and 1911, the Bureau of Mines at its Pittsburgh experiment station conducted a preliminary investigation of the safety of such protection as was then in use or under consideration. Five motors were submitted for this investigation, each having somewhat different methods of protection. The results of this investigation were published in Bulletin No. 4G.a

Jan 1, 1920

By Albert H. Fay

Through the hearty cooperation of the State coal-mine inspectors, the bureau is able to present in this paper a a complete statement of the coal-mine fatalities occurring throughout the United States during the calendar year 1919. The reports received from the inspectors for the year just closed show a reduction of 10.58 per cent in coal-mine fatalities as compared. with 1918, while in 1918 the reduction was 4.3 per cent from 1917 figures. The total number killed was 2,307 in 1919 and 2,580 in 1918, a reduction of 273. There was a decrease of 128, or 25 per cent, in fa tali ties resulting from mine cars and locomotives, and a decrease of 198, or 15 per cent, in the fa tali ties due to fall of coal or rock. Surface accidents show a decline of about 25 per cent as compared with the previous year. There were, however, increases in accidents due to gas and dust explosions and also explosives. There occurred during the year nine disasters in which five or more men were killed, representing a total of 201 fatalities. The worst disaster of the year was the one occurring at the Baltimore Tunnel No. 2, Wilkes-Barre, Pa., resulting from the explosion or burning of a number of kegs of powder, by which 92 lives were lost. This disaster emphasizes the need for stricter regulations relating to hauling men and explosives into the mine at the same time. The question of whether electricity was responsible or not does not affect the consideration of the various dangers which arise in underground transportation and handling of explosiveB. At best the handling and hauling of explo.sives is hazardous and such being the case, no one, other than the necessary attendants, should be permitted to ride in cars or cages transporting explosives. As a result of this disaster, the report b of the coroner's jury to the governor of Pennsylvania brings out some important dangers to be avoided in the use and transportation of explosives.

Jan 1, 1920

By J. W. Thompson

That the governor is hereby authorized to appoint a commission of seven persons, to be known as the industrial accidents commission-two of whom shall be employers of labor, two of whom shall be employees in either mines or industrial establishments of this Commonwealth, or duly accredited representatives thereof, two of whom shall be learned in the law, and one of whom shall be a person skilled and experienced in making investigations-to inquire into the causes and results of industrial accidents in the mines, mills, factories, stores, and upon the railroads, street railways, ships, wharves, and in all industrial establishments, and in all other places where men, women, and children are employed in manual labor in this Commonwealth; to study the most advanced methods for safe-guarding against these accidents; to inquire into the subject of fair compensation for those who are injured in these accidents, and for the families of those who shall be killed as a result thereof; and to study the operation and effect of the Workmen's Compensation Law of 1913. SEC. 2. The chairman of said co~mission shall be designated by the governor, and the person named on said commission as a skilled and experienced investigator shall be the secretary of the commission, The commission shall have power to employ such legal counsel and other officers and employees as it may deem necessary to properly perform its duties. SEC. 3. The secretary of said commission shall receive an annual salary of $2,400 and his actual necessary expenses; and the other members of the commission shall receive no compensation for their services, but shall be allowed their actual traveling and other necessary expenses. The salaries of any other persons employed by the commission shall be fixed by it.

Jan 1, 1920

By BUREAU OF MINES

In July, 1918, the attention of the Secretary of the Interior WItS called to the rapidly increasing cost of producing gold and the declining output of that metal in the United States. Realizing the importance of the gold-mining industry, the Secretary appointed a. committee, consisting of Hennen .Iennings, chairman, J. H. Mackenzie, and Charles Janin, of the Bureau of Mines, and H. D. Me- Caskey and F. L. Ransome, of the United States Geological Survey, to,make a thorough study of the gold-mining situation in the United States. The study was to cover the increased cost of recovery and the decreased output of gold, and to consider the different measures that had been proposed to relieve the industry and stimulate production. This report embodies the results of the investigation and study made by the committee. The report presents statistical data compiled from various sources, showing the production of gold in the United States and other countries, with comparative figures for coal, iron, and other mineral products, and describes the sources and distribution of gold output in the United States. It discusses the relation of gold' production to finance and credit, the causes for the decline in gold output, and measures for the relief of the industry. The Interior Department publishes this report in the belief that the widest publicity possible should be given the findings of the committee in order that attention may be directed to the serious conditions revealed therein, and in the hope that wide discussion of the subject may result in some action being taken that will aid in upholding the gold standard ,and the gold industry.

Oct 30, 1919

By Oscar Lachmund

DURING the driving of the main haulage level at the Copper Mountain mines of the Canada Copper Corpn., Ltd., near Princeton, B. C., some very rapid driving was clone, though no claim for a world&apos;s record is made. Conditions, however, were unfavorable for economical operations. The cost of power was high, for the fuel was of poor grade; besides, during the time the work was in progress, very little other power was needed so that most of the power cost was charged against the footage. The FIG. 1.-DRIFT ROUND USED IN MAIN HAULAGE LEVEL, COPPER MOUNTAIN, B. C. transmission line consisted of No. 4 galvanized iron wire with the result that the line loss was considerable. The voltage transmitted was about 30,000. The plant was operated under a lease, which was due to expire about the same time this work was supposed to be completed; an extension was refused, therefore speed was most important. The plans called for a straight adit 2900 ft. (884 m.) in length. At a point 2800 ft. (853 m.) from the portal, two raises were to be put up to the next nearest workings, a difference in elevation of about 800 ft. (243 m.). One of these was to be a two-compartment hoistway and the other a zigzag ore pass, or muck run. A location for these raises had been determined by a number of diamond-drill holes, but the material to be penetrated by the alit was not known. It seemed imperative to get the tunnel work completed as rapidly as possible, in

Jan 3, 1919

The following is an incomplete list of members and guests who called at Institute headquarters during the period Dec. 10, 1918 to Jan. 10, 1919. P. G. Bandy, Mexico City. Wm. B. McKinley, Yonkers, N. Y. Bennett R. Bates, Berkeley, Cal. Captain C. E. McQuigg, Conn. William T. Bates, Mascot, Tenn. Lt. H. G. Mathews, Cal. Lt. Don C. Billick, Alturas, Cal. Lt. M. S. Mazany, Mich. L. E. Booth, Watertown, Mass. Ralph A. Meyer, Hill City, S. D. J. T. Boyd, Denver, Colo. C. F. Moore, Boston, Mass. J. R. Buchanan, Pasadena, Cal. H. W. Nichols, Chicago, Ill. Ensign G. M. Burke. R. B. Olsen, Mays Landing, N. J. Captain E. H. Clausen. M. L. O&apos;Neale, Gouverneur, N. Y. F. L. Cole, Manila; P. I. F. W. Osborn, New York, N. Y. Joules Cousin. Lt. Fred S. Porter, Alaska. A. Faison Dixon, Washington, D. C. G. M. Richards, Palmerton, Pa. James T. Dixon, London, England. T. C. Roberts, E. Orange, N. J. Everett Drennen, Elkins, W. Va. W. E. Ruder, Schenectady, N. Y. F. Eichelberger, Helena, Mont. Ensign W. A. RuKeyser, Boston. R. B. Eldredge, Colorado Springs, Colo. A. H. Sawyer, Boston, Mass W. F. Ferrier, Ottawa. Lt. D. F. Schindler, New York. Martin Fishback, Benson, Ariz. L. G. Sparks, Greenshurg, Kan. T. E. Fisher, Dover, N. J. W. H. Staver, New York N. Y. D. C. Gilbert, Ft. Wayne, Ind. Douglas B. Sterrett, St. Cyr, Canada. Lt. Lauriston B. Herr, Cuba. Warren D. Thompson. G. S. Holmquist, Washington, D. C. Enrique Touceda, Albany, N. Y. Lt. E. Ross Housholder, Ohio. Mathew van Siclen. Hugh C. Ingle, Santa Rosa, Cal. Flying Cadet Christian Vrang, Cal. Lt. M. W. Kishman, Ariz. L. G. Weeks, Bisbee, Ariz. Hugo E. Koch, Watertown, Mass. C. E. Wheelock, Mogollon, N. M. H. M. LaFollette, LaFollette, Tenn. Major A. E. White, Washington, D. C. Clinton R. Lewis, Dawson, Y. T. Lt. J. L. White, Humboldt, Ariz. The Secretary of the Institute has received with sincere appreciation a Christmas card extending the season&apos;s greetings from the officers&apos; mess of the 3d Tunnelling Company, Canadian Engineers, B. E. F., France, and takes this means of reciprocating to these officers and men of the company the best wishes of the members of the Board of Directors. Charles E. Addams has removed from Ray, Ariz., to Phoenix, Ariz., where he is chairman and director of the Arizona State Council of Defense.

Jan 2, 1919

The Marine Corps has found the Mining and Sapping Department one of the most efficient individual organizations of the Soldiers of the Sea. The men of the unit were assembled among "hard rock" miners from Montana, Idaho, and Utah; most of the detachment hail from Butte. It includes experienced gas-helmet men, blacksmiths, compressors, carpenters, timbermen, concrete and cement gun experts, diamond drill runners, civil and mining engineers, in fact, artisans of every craft in and around mines. Experienced miners with both technical college training in mining and engineering and the practical turn of actual work as mine superintendents and foremen are used as instructors in their craft, except thirty-eight who "shoved off" with the Eleventh Regiment to actually apply their skill in Marine trenches abroad. They are the "finishers" after the trenches are dug. Covering and camouflaging the tops for protection against attacks from the air, engineering the arrangement of the trenches for protection against shell fire, establishing listening posts by projecting "Russian saps" within a few yards of the enemy&apos;s trench; sapping or tunnelling into the very lines of the Teutons, and leaving pleasant little bundles of explosives there; are just a few of the high spots touched by these wizards of the soil. They make the trenches comfortable, plastering the interiors until the underground bunk houses not only look like hotels but are just as comfortable "with all the modern conveniences." Draining is another feature which the work of the Miners and Sappers at least partially assures.

Jan 1, 1919

By EDGAR K. SOPER, Clarence A. Wright, DOUGLAS C. LIVINGSTON, Thomas Varley

In 1917 the Federal Bureau of Mines and the University of Idaho arranged to cooperate in an investigation looking to the improvement of mining and milling methods in the mining districts of the State of Idaho, with an especial view to the wider development of the minerul deposits and greater efficiency in the treatment of the lowgrade ores of the State. This work has been made possible lnrgely through the generosity and active assistance of the mine operators, especially certain companies in the Coeur d'Alene region. As the first step in the work under the cooperative agreement it wa.s decided to gather all data possible on the various mining districts throughout the State, both active and abandoned, in order to ascertain their potential possibilities, especial attention being paid to methods of metallurgical treatment and to the solution of the many metallurgical problems in order to effect a greater commercinl saving. With this plan in view, field work was begun in the latter part of May, 1917, and was continued during the summer. E. K. Soper, formerly professor of mining, University of Idaho, and now dean of the mining department of Oregon Agricultural • College, Corvallis, Oreg., visited the mining districts in central and southwestern Idaho and also some of those in the northern part of the St.ate. D. C. Livingston, professor of geology at the University of Idaho, Moscow, Idaho, also visited some of the mining districts in central Idaho during the summer; in addition, much valuable information he had gathered on former trips to many other districts is included in this report. Credit is also due Mr. Livingston for the maps covering the State, as well as the bibliography nt the end of each chapter. Thomas Varley, superintendent of the Seattle mining experiment station of the Bureau of Mines, spent a short time in the field, principally in the mining districts in central and . northern Idaho, and made a brief visit to the southwestern districts with Mr Soper. The field work of Mr. C. A. Wright, metallurgical engineer of the Bureau of Mines, in direct charge of the cooperative work, was chiefly in the Coeur d'Alene region. Mr. Wright visited nearly all of the mining districts in the region and devoted most of his time to studying the milling methods. The results of the investigation are set 1iorth in this bulletin. The bulletin aims to give the l9Calities of the various mining districts, and the nature of the present operations and those that have been carried on in the past. The geology is discussed only in a general way, the descriptions being intended more especially to bring out the types of ore deposits and the character of the ores, a knowledge of which is essential in determining the proper treatment of the ores. The writers do not wish to imply that all districts mentioned in this bulletin were visited during the summer of 1917, for a great deal of the material has been gathered from other reports, especially from publications of the United States Geological Survey. However, it is hoped that this report will be of help to those who are interested in mining in the State of Idaho. The plan is to continue the field work and subsequently publish the results of the investigations in much more detail, with greater emphasis given the metallurgical treatment of the ores and the problems involved.

Jan 1, 1919

By J. W. Thompson

BURYING DEAD MINERS. BURYING BODIES OF DEAD MINERS. REVISED STATUTES (HURD) 1874, P. 263. SEC. 22. LIABILITY OF RAILROADS, ETC., FOR BURIAL EXPENSES.-When any railroad company, stage or any steamboat, propeller, or other vessel engaged in whole or in part in carrying passengers for hire, brings the dead body of any person into this State, or any person dies upon any railroad car or in such stage, steamboat, propeller or other vessel in this State, or any person is killed by cars, or machinery of any railroad company or by accident thereto or by accident to or upon any such stage, steamboat, propeller, or other vessel, or by accident to or in or about any mine, mill or manufactory,* the company or person owning or operating such cars, inachinery, stage, steamboat, propeller, or other vessel, mine, mill or manufactory shall be liable to pay the expenses of the coroner's inquest upon and burial of the deceased and the same may be recovered in the name of the County in any court of competent Jurisdiction. NOTE--The original Act of February 15, 1855 (Laws 1855, p. 170), makes no reference to the dead bodies of persons killed" by accident to, in or about any mine."

Jan 1, 1919

By J. W. Thompson

A mining company for a period of 12 years bad been selling its ore to a certain smelting company for the purpose of obtaining a continuous and steady market for its ore and for the purpose on the part of the smelting company of obtaining a continuous and steady supply of ore for smelting; an agreement was entered into by which the mining company agreed to eell and the smelting company agreed to purcshase at ruling prices all the ore produced by the mining company of certain' stated grades, and to this end the mining company agreed to actively operate its mines. It is no longer the rule that a suit will not lie for the specific performance of a contract relating to personal property ; but the question for determination in such a case is whether the complainant has a plain, speedy and adequate and complete remedy at law, and if he has no such remedy, specific performance will be granted. In an action by a smelting company for the specific performance of a contract of sale it appeared that the ore produced by the mining company bad a peculiar value for smelt. i.ng purposes and was not readily obtainable elsewhere, and it would be practically impossible to measure the value for determining the loss the complainant would sustain· if the smelting company were not ,able ,to obtain the ore under the contract. It is comparatively simple for a court of equity to enforce the agreement as it pertains to the normal product of the mine and there is no plausible reason why a court may not require a performance on the part of the mining company where the mining company obligated it:Belf to operate all its mines. There is no delicate or complex condition involved in the production or delivery of the ore 'or in obtaining_ the stipulated prices agreed upon, and there is nothing apparent that will necessitate supervisory· control in requiring performance on the part of the mining company. A decree for specific perfoi:m,ance would require no supervision by the court either for the operation of the mines or for ascertaining and fixing the prices the mining company is to receive for its ore.

Jan 1, 1919

By J. W. Thompson

MEANING OF TERM, The term "minerals" when used in grants or in reservations or instruments of conveyance is not limited to metals or metalliferous deposits, whether contained in veins that have well-defined walls or in beds or deposits that are irregular and are found at or near the surface or otherwise. Byron v. Utah Copper Co., Utah, 178 Pacific 53, p. 58. The term "mineral" in its commercial sense has been defined as any organic substance found in nature having sufficient value sepa- rate from its situs as part of the earth to be mined, quarried, or dug for its own sake or its own specific use. Rockhouse Fork Land Co. v. Raleigh Brick & Tile Co., - W. Va., 97 South- eastern 684, p. 685. CONSTRUCTION AND MEANING. It can not be said that the term "minerals" includes only such substances as are procured by tunnelling and shafting, as much gold is procured by placer mining and rich deposits of manganese and other like ores are found upon the surface of the earth and are some- times obtained without either quarrying or mining. Rockhouse Fork Land Co. v. Raleigh Brick & Tile Co., W. Va. ——, 97 South- eastern 684, p. 685. GRANITE AS MINERAL. It has been determined that granite was included in a grant of minerals. Rockhouse Fork Land Co. v. Raleigh Brick & Tile Co., -W. Va., 97 South eastern 684, p. 685. See Armstrong v. Lake Champlain Granite Co., 147 N. Y. 495, 42 Northeastern 186.

Jan 1, 1919

By J. W. Thompson

ESTATE IN MINERALS. Minerals beneath the surface may be made the subject of separate ownership either by a grant of the minerals by the owner of the land or by a grant of the land excepting the minerals, and thereby an estate in fee simple is created in the minerals, as corporeal things real. Colby, In re, Iowa, 169 Northwestern 443, p. 444. DEEDS EXCHANGING DIFFERENT MINERALS-RIGHTS OF PARTIES. The lands of two adjoining owners were underlaid with cement rock and clay at a depth of about 100 feet from the surface and with coal veins some 600 feet below the surface. By an exchange of deeds one of the land owners conveyed to the other the cement rock and clay with the right to mine and remove the same without entering upon the surface, but the deed contained no covenant not to injure the surface. The other deed conveyed the coal seam and so much of the rock and other minerals just above and below the coal as might be required in connection with the mining and removing of the coal, together with the right to mine and remove the same, and the adja- cent rock, clay, and other minerals, without entering upon or injuring the surface, with one immaterial exception. The deeds do not define the word "surface" and neither expressly nor by implication did they secure to the coal owner the right to subside the overlying cement rock; but the implication is to the contrary, as the deed gives the right to mine and remove coal without entering upon or injuring the surface. The provision that the coal owner should not enter upon or injure the surface amounts to a clause that the coal mine. shall not be worked so as to let down the surface and this does not create any inconsistency with the provision giving the right to mine and carry away the coal.

Jan 1, 1919