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By O. D. Sherby

In 1938, Kanter' revealed that the steady-state creep rate of low-carbon iron alloys could be correlated by an activation energy expression, where the activation energy for creep, Qc, was found equal to about 90.0 kcal per mole for most of the alloys investigated. He suggested that creep at high temperatures might be controlled by some sort of solid self-diffusion process since the value of Qc was about equal to the known value for self-diffusion, Qd. Correlations were not further attempted along these lines until many years later, when new evidence2-8 was presented suggesting that Qc = Qd for many metals. This equality now appears to be established for ten metals (Al, Pb, Ni, Mg, Cd, In, a Fe, y Fe, Cu, and Au). This experimental fact prompted several investigators to postulate various mechanisms of dislocation motion which would yield an activation energy for creep equal to that for self-diffusion.7-9 Possibly the most accepted theory is that based on dislocation climb7 where a dislocation is envisioned to surmount a barrier by an atom-vacancy exchange process, thereby "climbing" from one slip plane to another. Such a model would suggest that the steady-state creep rate, i, should be directly proportional to the rate of self-diffusion, D, for a given creep stress. In order to more clearly reveal the relationship between creep and diffusion, and to eventually determine the correct model, it would be desirable to obtain data showing correlations between i and D, rather than with a comparison of the temperature coefficients, Q. It has been known for some time that the self-diffusivity of iron atoms is greatly decreased when body-centered-cubic (a) iron transforms to face-centered-cubic (y) iron. This has been ascribed to the more close-packed structure of y iron. The diffusivity ratio at the transition temperature is Da/Dy =350. Correlations of creep data for a and y iron5 reveal that the creep rates under a given stress at the transition temperature differ by about the same ratio (ea/ey 2 200). It would be difficult to reconcile these results on any other basis than that the diffusivity of atoms probably controls creep of iron in some very direct way. No other published data on other allotropic metals appear currently available for further checking such a possible correlation between i and D. Thallium transforms from a hexagonal close-packed (a) structure to a body-centered-cubic (ß) structure at 230°C (503°K) and the self-diffusivities of the two structures have been determined by shirn.10 His results are plotted in Fig. 1 where it will be noted that Dß/Da = 25 at the transition temperature. It would appear desirable, therefore, to determine the creep rates of polycrystalline a and ß thallium at the transition temperature, as well as determine

Jan 1, 1959

By Harold Margolin

The Ti-Al system certainly merits the investigative attention it has been receiving and this latest contribution by Blackburn is therefore to be welcomed. The titanium-rich end of the phase diagram shown here, as well as the diagram by crossley,17 Clark et a1.,18 and Tsujimoto and Adachi,29 reveal no other intermediate phase than Ti3A1, although a previous work by Ence and Margolin20 had reported an additional intermediate phase. Since then, Buerger Precession pictures of single crystals of 10.5, 11.5, and 12.5 wt pct A1 were made at New York university21 and the extinctions were found to be typical of a D6h a Ti structure. Some superlat-tice spots and/or streaks suggesting the presence of an Mg3Cd structure, i.e., Ti3Al, were also found. Since these specimens had been quenched from the y region20 and had revealed a Ti, it was concludedz1 that y does not exist and the structures interpreted as m + y could not be so considered. The absence of normal two-phase behavior in these structures had been indicated in the paper. Accordingly, the two-phase region y + 6 becomes a + Ti3Al and there is some agreement between the results of Blackburn and of Ence and Margolin20 as to both shape and existence above 900°C of an a + Ti3Al field. Crossley 17 proposed that Ti3Al is a line compound which decomposes congruently at 900°C. It is difficult to discount entirely the fact that clear two-phase structures, varying in amount with position in the two-phase field, could be detected above 900°C by Ence and Margolin.20 Precipitation during quenching could not have been so regular and the twin-phase syndrome17 does not apply. The heat treatment and quenching technique was essentially the same as was used by Crossley, whereas Blackburn, who used a rapid quenching procedure, also showed a two-phase a + Ti3A1 field above 900°C. If the two-phase field exists above 900° C, it is easy to picture a two-phase field which could account for the data of Crossley below 900°C without invoking a line compound existence of Ti3A1. All that would be necessary would be an 0 + Ti3Al/Ti3Al boundary which curved sharply to higher aluminum contents below 900° C. It is clear that the controversy must be solved by techniques which obtain data at elevated temperatures without quenching. It is conceivable that the difference in width of the a + Ti3N fields reported by Blackburn and by Ence and Margolin is due to the longer annealing times used by the latter investigators. The criterion for establishment of equilibrium in our work20 was the

Jan 1, 1969

By C. G. Dunn

Identification of the kinds of orientation relationships that may exist among crystals is an important problem in the metallurgical field. As an aid to its solution standard orientations of several orders of twins would be very useful for rapid analyses to discover high-order as well as low-order twin relationships. Although data have been published that give orientations for three generations of twins, these data are not readily useful in the form presented; i.e., in a stereo-graphic projection with one pole per orientation.' However, accurate data based on calculations of the positions of all {1001 planes for such groups would be very useful when presented in tabular form. Therefore, calculations have been made for a group of four orders of twins and the data are listed in Table 3. Illustrative applications are considered briefly, with the idea of pointing out what may be done with large groups of orientations. Method of Computing Orientation OF a Twin It is common practice to describe the orientation of a crystal in terms of the positions on a stereographic net of the poles of certain planes of the crystal. A single position on a net may be given in terms of two angle variables, two sets of which appear in the following equations: Polar Net Wulff Net x = , sin ?p cos Fbp x = r COS ?w y = r sin ?p sin Fp y = r sin ?w cos Fw % = r cos ?p z = r sin ?w, sin +, The three numbers z, y and z determine a length r as well as a direction (0, 4) in an X, Y, Z coordinate system. In the present case, r will be set equal to (h2 + k2 + L2)1/2, where h, k and I are the usual Miller indices for a crystallographic plane, a restriction that facilitates determination of the positions of poles of new planes from those of old or known ones,2 as will become evident later. Furthermore, since twinned lattices have certain planes in common, it is an easy matter to determine the orientation of a twin of a crystal if the orientation of the crystal itself is known. We start therefore with a crystal of known orientation (positions of three {Ioo} poles given) and determine where the cube poles occur in first, second, third and fourth-order twins. Methods for identifying twinned lattices and for making the calculations to find the orientation of a twin have been published.3,4' Reference 4 will be illustrated in the calculation of the orientation of a twin, even though this method differs from the one used by the writer in obtaining the following data on four orders of twins. Consider a crystal S and its twin A1, A' being one of the four {112} or {III} type* first-order twills of S. The orientation of S—i.e., the positions of poles of (I00)

Jan 1, 1945

By Charles Jones

IN the winter of 1902, while occupying the position of mining and examining engineer for the Mountain Copper Co., Ltd., of Keswick, Cal., I had occasion to discuss with the General Manager, among other things, the question of the enormous waste of sulphur in smelting cupriferous, pyrite ore, and to cast about for means to utilize this waste or to render the fumes innocuous to vegetation. The decreasing rate of production of California farms, the consequent need of fertilizers, and the opportunity thus offered to utilize large quantities of sulphuric acid in the manufacture of superphosphates naturally brought the subject to the practical and commercial side of phosphates. I was informed that the company had made efforts to find phosphates in the West, without success. I advised as a start placing inquiries for phosphate deposits on the Pacific coast in the current mining ,journals. This was done, with the result that in January, 1903, from an advertisement in the Mining and Scientific Press we got track of a deposit in Rich county, Utah, through T.J . Wilson, of the Southern Pacific railroad in San Francisco. As soon as snow in the mountains would permit, in May, 1903, I undertook an examination of the property, with the result of recognizing the importance of the find, in spite of its lack of facilities for transportation at a commercial figure. On June 15, 1903, I concluded my report by saying, "This may be one of the world's deposits of phosphates." On Nov. 17, 1903, I concluded my report for the season in the following words : " I have now no hesitation in saying that I believe the Carboniferous formation so largely developed in the Wasatch mountains of Utah and the mountains of the Great Basin will prove to be one of the greatest storehouses of phosphoric acid in the world."

Jan 10, 1913

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Jan 1, 1938

By Arthur F. Taggart

The following notes represent significant excerpts from a mass of records of experimental work done in the ore-dressing laborattory at the Columbia School of Mines during the years 1926 to 1928 inclusive. Classification of Experimental Work The experiments performed may be grouped for purposes of description under the following general headings: I. Collecting agents. a. A method for quantifying collecting effect. b. Coating with undissolved collecting agents (oils). c. Action of dissolved collecting agents. II. Frothing agent's. a. A method for quantifying frothing effect. b. Relation between frothing effect and chemical composition. III. Inorganic reagents. a. Methods of studying the effects of these reagents. b. Effect on slime dispersion. c. Effect on sulfides. Summary of the Origins of Present-day Flotation Practice The first practicable, foolproof method of froth flotation was described in U. S. Patent 835120, issued in 1906 to Sulman, Picard and Ballot, and in the equivalent patents in other countries. A number of less simple methods of producing the same result had been described previously in patent publications and otherwise.' The reagents specified in all of these early patents were "oils" and, in addition, some inorganic substance, usually an acid. The quantities of reagents recommended and added were enormous when compared with those used today.

Jan 1, 1930

Jan 1, 1971

Jan 1, 1963

By C. G. Rhodes, D. Kramer

The kinetics of precipitation of transient a phase during the transformation in U-16 wt pct Mo between 400° and 550°C were studied using quantitative metallography and electrica1 resistiuity measurements. The volume percent of a phase goes through a maximum in time, corresponding to a critical degree of progress of y' formation. prior to its re-solution after prolonged annealing. The fastest rate of a precipitation oc-cuvs at 500°C with a concomittant lowest peak of 9.5 vol pct a. At 450°C, 14 vol pct a, greatest fov any temperature, was observed after 24 hr witlz an associated slowest rate of formation. a precipitation at 400°C ceases after approximately 160 hr and the amount of a present remains unchanged after long times at temperature; no y' was observed metallographically at this temperature. IN the U-Mo system at 16 wt pct Mo, an ordering reaction takes place below 600°C, see Fig. 1, whereupon the random bcc solid solution, y, transforms to the ordered bct phase, y'."2 The new unit cell is constructed of three old unit cells somewhat distorted. While attempting to study the kinetics of this transformation it was observed that an unexpected phase was precipitating out early during the transformation anneal reaching appreciable amounts before disappearing after long times. The y' appeared in the presence of this new phase and after long times constituted the whole sample. Owing to the high optical activity of this unexpected phase under polarized light, it was suspected to be the a phase. Subsequent X-ray powder pictures confirmed this belief. The kinetics of a phase formation and disappearance is the subject of this paper. EXPERIMENTAL PROCEDURE A) Alloy Preparation. Alloys for this study were prepared by vacuum induction melting normal reactor grade uranium and 99.5 wt pct Mo pellets in thoria crucibles. Two ingots were prepared, and sections of the top and bottom of each ingot were chemically analyzed for uranium and molybdenum content. The results of the analyses appear in Table I. B) Metallography. Samples of 16M were wrapped in tantalum foil, sealed in evacuated (5 X 10"6 mm of Hg) quartz capisules, and annealed at 1110"C prior to being transferred directly to the transformation temperature. They were examined metallographically after increasing times to determine the progress of the transformation at 400°, 450°, 500°, and 550°C. The samples were prepared for metallographic examination by mechanical polishing with diamond paste and electrolytic polishing with a solution of glacial acetic acid and chromic acid. Since the y' phase is tetragonal, its presence can be detected by viewing the sample in polarized light. To increase the contrast between y' plates, the samples were electro-etched in a 10 pct oxalic acid solution. To reveal a phase in bright field (it can be seen in polarized light in the "as-polished" state), the samples were electro-etched in a solution of citric acid and nitric acid. To determine the vol pct a phase, a variation of the one dimensional systematic point count method as described by Hilliard and cahn3 was used. The

Jan 1, 1962

By T. F. Witheree

The Fletcherville Furnace was built in 1864 and 1865, making its first blast from August until October of the latter year, when it was blown out to prevent its " bunging-up." Repairs were made in time to enable it to be blown in again December 12th, 1865, the blast ending October 7th, 1866. Total product 1921.15 tons iron, an average of 6.8.2.5 tons per day, from ores yielding 44.8 per cent. Consumption of charcoal 223.2 bushels per ton of iron. The furnace journal up to this time shows no record of furnace dimensions, or temperature of the blast, but as near as can be ascertained, they were as follows, viz.: Height of stack, 42 feet. Diameter of bosh, 11 feet. Angle of bosh, 71/2 inches to 12 inches rise, about 58°. Diameter of open tunnel head, 42 inches. Number of tuyeres 3 ; each 3 inches in diameter. Dam 15 inches high. Tuyeres 24 inches high. Tymp 224 inches high. Diameter of steam cylinder, 20) inches. } Diameter of blast cylinder, 64 inches. } Stroke 5 feet. The engine is direct-acting horizontal non-condensing. December 26th, 1866, the furnace was again put in blast, having been considerably altered in the crucible; the height of stack, bosh, and tunnel head remaining as before. Six tuyeres were put in, three in each of the side arches. The hearth or crucible was rectangular in form, 3 feet wide x 31/2 feet long x 64 feet high. Inclination of bosh 58°. Height of tuyeres 26 inches; nozzles 21/4 inches diameter. Temperature of blast estimated to be about 500°.

CONTENTS PAGE Rae, Colin C.-A Possible Origin of Oil. Discussed by S. Linker, Colin C. Rae... 2 Cottingham, Kenneth.-Subsurface Conditions on Portion of Arches Fork Anticline. Discussed by David B. Reger 6 Moyer, W. Irwin.-Time to Pay Out as a Basis for Valuation of Oil Properties. Discussed by H. J. Smith 9 Pogue, Joseph E.-Future Demands on Oil Industry of United States. Discussed by James O. Lewis 11 J. J. Walsh.-Coa-lmine Ventilation. Discussed by W. B. Daly, J. J. Walsh, R. R. Sayers, H. H. Stock, George S. Rice, James W. Paul, D. Harrington, T. D. Thomas 15 Longyear, Robert Davis.-Diamond-drill Sampling Methods. Discussed by Ira B. Joralemon, J. J. Rutledge, E. C. Harder 19 Joralemon, Ira B.-Sampling and Estimating Disseminated Copper Deposits. Discussed by J. Parke Channing, John E. Hodge, E.E. Hunner, B. B. Gottsberger, W. Y. Westervelt, W. O. Hotchkiss 20 Boericke, W. F.-Sampling and Estimating Zinc and Lead Orebodies in Mississippi Valley. Discussed by J. Parke Channing, Arthur Thacher 24 Daly, W. B. and Linforth, F. A.-Organization of Mine Sampling at Anaconda. Discussed by George A. Packard, W. B. Daly, B. B. Gottsberger 25 Norris, E. M. and Rahilly, H. J.-Mine Fires. Discussed by R. Dawson Hall, W. B. Daly, Frank Haas, D. Harrington, Robert E. Tally 26 Raymond, R. M.-Safety Practice for Hoisting Ropes. Discussed by B. F. Tillson, Graham Bright, Rudolph Kudlich, J. F. Howe, Robert Peele, H. G. Davis. 30 Howe, J. F.-Use of Wire Rope in Mining Operations. Discussed by Horace F. Lunt, J. F. Howe, B. F. Tillson 36 Tanner, W. N., and Jaccard, F. C.-Wire Rope and Safety in Hoisting at Butte Mines. Discussed by Horace F. Lunt, W. B. Daly, C. L. Colburn, William Kelly, Robert Peele, B. F. Tillson, Graham Bright, Charles E. Locke 38 Richardson, A. S.-Ventilation of Butte Mines of Anaconda Copper Mining Co. Discussed by D. Harrington, Chas. A. Mitke 42 Stuart, Charles E.-Storage-battery Locomotive as Applied to Mine Haulage. Discussed by Howard N. Eavenson, Charles E. Stuart, William Kelly, Arthur Thacher, W. H. Patton, Graham Bright 45 Woodward, C. D.-Electric Haulage Systems in Butte Mines. Discussed by William Kelly, Graham Bright, Howard N. Eavenson, C. E. Arnold, Gerard B. Rosenblatt, K. A. Pauly 47 Harrington, D.-Efficient Ventilation of Metal Mines. Discussed by R. E. Simpson 52 Otagawa, Masayuki.-Mining Methods at the Ashio Copper Mine. Discussed by Horace V. Winchell, D. W. Brunton 52 Stoek, H. H. and Clagett, Thomas H.-Coal Mining Methods. Discussed by P. D. Browning, G. L. Cox, Erskine Ramsay, Frank Haas, George S. Rice.

Jan 6, 1922

PROF RICHARD ÅKERMAN Stockholm, Sweden PROF RICHARD BECK Friberg, Germany ANDREW CARNEGIR New York, N.Y. DR. JAMES DOUGLAS New York, N.Y. PROF HATON DE LA GOUPILLIERE Paris, France SIR ROBERT A. HADFEILD London, England PROF HANS HOFFER Leoben, Austria PROF HENRI LOUIS LE CHATELIER Paris France M FLORIS OSMOND Paris, France ALEXANDRE POURCEL Paris, France JOHN E. STEAD Middlesborugh, England DR. ING H. C. EMIL SCHROEDTER Dusseldorf, Germany JAMES M. SWANK (Associate) Philadelphia, Pa. PROF DIMITRY CONSTANTIN TSCHERNOFF St Petersburg, Russia PROF TSUNASHIRO WADA Tokyo, Japan CHARLES D WALCOT Washingtion D.C.

Jan 1, 1917

By N. R. MacMillan

INTRODUCTION The Bullmoose Coal Project is part of a major development in northeastern British Columbia which comprises a new rail line, a new townsite, powerline, highway, the upgrading of the Canadian National Railway's main line, a new coal port at Prince Rupert and two new coal mines, the Bullmoose mine and the Quintette mine. The total investment by all parties is estimated to be in excess of $2.6 billion and made up approximately as follows : [Table No. 1 $ Millions - Quintette Coal Limited 950 Teck-Bullmoose Coal Inc. 275 Canadian National Railway Company 800 6 British Columbia Railway Company Port at Prince Rupert 280 Townsite, Roads 6- Power ] The new infrastructure is intended to serve not only the Bullmoose and Quintette coal projects but also eventually a number of other coal properties in northeastern British Columbia. The Bullmoose project is structured on a joint venture basis as follows : [Table No. 2 Teck Corporation 51% Lornex Mining Corporation Ltd. 39% Nissho Iwai Coal Development 1 0% (Canada) Ltd. -- 100% ] The mine has a capacity of 2.3 million tonnes of clean coal per year. In the initial years 1.7 million tonnes will be metallurgical coal and 0.6 million tonnes thermal coal. After the first three years of operations the annual production of metallurgical coal will increase to an average of approximately 2.1 million tonnes and the production of thermal coal will decrease to an average of approximately 0.2 million tonnes. At this level of 2.3 million tonnes annual production, the Bullmoose mine has sufficient reserves for at least 26 years of production. History Brameda Resources Ltd. commenced coal exploration in the Bullmoose-Sukunka area in 1969. Teck obtained an option on the Bullmoose coal licences in 1970 and started surface exploration and diamond drilling in 1971. Teck earned a 50% interest in the property, and thereafter expenses were jointly financed by Teck and Brameda. In 1981 Brameda merged with Teck making Teck the sole owner. The initial phase of the exploration program, which was completed in 1975, included 7,200 meters of diamond drilling in 35 holes. During 1976 and 1977, detailed exploration and test work were carried out on the South Fork and West Fork areas where multiple seams close to surfaces indicated the potential for large tonnages of strippable coal. In those two years, work included road construction, detailed mapping and trenching to outline the coal seam traces at the surface, 6,300 meters of diamond drilling in 80 holes, and 300 meters of underground bulk sampling from seven adits. Washability tests and analysis work were carried out on the drill cores and adit samples, and pilot plant washability studies were undertaken. In 1978 and 1979 Teck engineers prepared open pit mining plans and production schedules and Kaiser Engineering was retained to prepare a layout of the plant preparation facility. A feasibility study prepared by Teck's engineering group in January 1982 was the base document used by the Lenders in assessing the technical and economic viability of the project. Property Location The property lies some 650 kilometers northeast of Vancouver, and 87 kilometers south by road from the village of Chetwynd. The Sukunka property (British Petroleum) adjoins to the north, the Mount Spieker property (Ranger Oil Option) adjoins to the east, and the Quintette property is located to the southeast.

Jan 1, 1985

YEAR OF ELECTION 1913. FRANK DAWSON ADAMS, Montreal, Canada. 1921. WILLIAM CUTHBERT BLACKETT Sacriston, Durham, England. 1923. GELASIO CAETANI Rome, Italy. 1920. HENRY STURGIS DRINKER Merion Station, Pa. 1933. KARL EIKERS NEW YORK, N. Y. 1922. FEDERICO GIOLITTI Torino, Italy. 1906. SIR ROBERT A. HADFIELD London, England. 1928. JOHN HAYS HAMMOND New York, N. Y. 1921. FRANK WILLIAM HARBORD London, England. 1917. HERBERT HOOVER Washington, D. C. 1905. HENRI LECHATELIER Paris, France. 1931. WALDEMAR LINDGREN Cambridge, Mass. 1921. C. McDERMID London, England. 1913. EZEQUIEL ORDONEZ Mexico City, Mexico.

Jan 1, 1934

By T. S. Lundy, F. R. Winslow

DIFFUSION coefficients of Hf181 in the high-tem-perature bcc phase of reactor-grade hafnium were determined at temperatures of 1795° to 1995°C by standard lathe-sectioning techniques. The temperature dependence of the data may be described by an Arrhenius-type expression for this limited temperature interval. However, hafnium is classed with the "anomalous" bcc metals zirconium, titanium, and y uranium by the low values of Do and Q observed in this study. The hafnium metal was received as 1/2-in.-diameter crystal bar. Analyses by the Analytical Chemistry Division of Oak Ridge National Laboratory showed the major impurity to be zirconium— about 2.1 pct. The total interstitial content was about 225 ppm with 190 ppm of this oxygen. The Hf"' was supplied as HfC12 in HC1 solution by the Isotopes Division of Oak Ridge National Laboratory. The hafnium bar was cut into disk-shaped specimens 3/8 in. long. One of the flat faces of each specimen was metallographically treated and then the isotope was deposited by vacuum evaporation from a tungsten filament. A 3 by 3 in. NaI (Tl) crystal with a single-channel analyzer was used for counting y rays with energies of 0.3 to 0.7 Mev. The as-deposited layers of isotope had counting rates of about 200 counts per sec. Specimens were annealed in argon in a tantalum resistance furnace. Temperatures were measured with a microoptical pyrometer calibrated for the particular furnace sighting conditions. All sectioning was done by standard lathe techniques. Section weights were determined on a semimicrobalance. A density of 12.5 g per cu cm was used in determinations of section thicknesses. Activities associated with the various sections were measured and the penetration data were treated using the computer code by winslow.' In all cases, except for specimens annealed at temperatures below 1795°C, normal Gaussian penetration behavior resulted. At lower temperatures, plots of In A(x) vs x2 were nonlinear [~(x) = relative activity at a distance x from the

Jan 1, 1965

By T. D. Yensen

Discussion of the paper of T. D. YENSEN, presented at the New York meeting, February, 1916, and printed in Bulletin No. 110, February, 1916, pp. 483 to 512. JOHN A. MATHEWS, Syracuse, N. Y.-Concerning the critical composition of the steel containing 2.50 per cent. of silicon, I may say that 12 or 13 years ago we made some of these alloys. They. were not as pure as the alloys made by Mr. Yensen, nor were they melted in vacuo, but one of them contained exactly 2.50 per cent. silicon, and about 0.25 per cent. carbon. It gave us no trouble whatever in hammering to a billet or rolling into bars, nor even when rolling into ¼ -in. wire rods. The steel in question was practically free from everything except carbon or silicon and contained no manganese sulphur or phosphorus worth mention. The alloy containing 2.50 per cent. of silicon worked perfectly well, as well as one containing 0.5 per cent. silicon, and it seems to me that further work should be done by Mr. Yensen on the physical properties of alloys at this seemingly critical change point. W. E. -RUDER, Schenectady, N. Y.-We -have made silicon steels of practically every composition and have never obtained any material under 5 or 6 per cent. of silicon which was brittle. This may be due, of course, to the presence of carbon, in some of the 'commercial materials, and I presume that Mr. Yensen would argue that the: presence of this carbon might prevent inter-granular brittleness. However, all of our silicon steels, up to 5 per cent. of silicon, by treatment in hydrogen at temperatures near the melting point, can be made to show inter-granular brittleness. Furthermore, the material made brittle in this way could be restored by treating at the same temperature in hydrogen containing a hydrocarbon vapor. I discussed this matter some years ago in a paper on inter-granular cement. It therefore appears likely to me that Mr.

Jan 5, 1916

By R. W. Raymond

In my paper on " End-Lines and Side-Lines in the Mining Law," read at the New York meeting of February, 1889 (Trans., xvii., 787), I discussed certain points involving the rights of a locator, B, who had located and surveyed a piece of ground, X + Y, of which only Y was properly subject to location, X being already held by another claimant, and had applied for and received a patent, granting X + Y, " excepting and excluding X." The paper concluded with the following questions : " Is there any difference in effect between the grant to him of Y simply and the grant of X + Y, ' excepting and excluding X' ? Why should any mining locator stake out his boundaries upon another location, and thus appear to assert a claim which he immediately withdraws? What is the legal force of such boundaries, established upon the land of another?" After calling attention to the fact that the entrance upon another's land for such a purpose is a trespass, and the principle that no trespasser can create by his trespass any right which he would not have without it, I reserved to another occasion a review of the history of the absurd practice of imaginary boundaries for mining claims, and a discussion of their legal effect. This practice is founded, of course, in the regulations and decisions of the United States General Land Office. There is nothing in the Revised Statutes which hints at it. On the contrary, the terms of Section 2322, giving to a locator " the exclusive right of possession and enjoyment" of the surface of his claim, seems clearly to forbid the use of that surface for the boundary-stakes of another locator. But the Act of 1866, though it provided for the issue of patents upon payment to the Government of so much per acre, and really by implication (as I have always believed) involved the absolute grant of the surface, was not so construed by the courts generally, or by the Land Office. Surveys were laid one over another in inextricable confusion, and the United States sold at $5 per acre the

Jan 1, 1890

Jan 1, 1968

By C. D. Thurmond

Jan 1, 1968

Jan 1, 1968