"exact definition " we mean one that contains every attribute which belongs to the thing defined, and excludes all others. While definitions are more or less essential, to avoid repetition and the necessity for frequent descriptive explanation of the sense in which such words and phrases are used and of the ideas they are intended to convey, it is not to be expected that absolute exactitude will be obtained. The circumstances surrounding the employment of the terms and the conditions to which they are to be applied are so variable that differentiation will be frequently found necessary. As Judge Hawley, one of the most experienced and distinguished judges in the mining states, said, that while there was no conflict in the decisions, yet the result is that some definitions have been given in some of the states that are not deemed applicable to the conditions. and surroundings of mining districts in other states, or other districts in the same state.1

The old maxim, that definitions are always dangerous, because it is always difficult to prevent their being inaccurate, or their becoming so, finds ample justification when the attempt is made to define the words and phrases of a more or less technical character in the mining statutes. As Judge Field observed in the Eureka case," it is difficult to give any definition of some of the terms as used and understood in the acts of congress which will not be subject to criticism. Many of these terms, said Judge Phillips, are not susceptible of arbitrary definition; nor are they capable of being defined by one set phrase so unvarying as to apply to every case, regardless of the differing conditions of locality and mineral deposit. Even if such a result could be reached, "important questions of "law are not to be determined by a slavish adherence "to the letter of arbitrary definition."4

It is our purpose to present such definitions of the terms found in the mining statutes as have been formulated by

1 Book v. Justice M. Co., 58 Fed. 106.

2 Eureka Cons. M. Co. v. Richmond M. Co., 4 Saw. 302, 311.

3 Cheesman v. Shreve, 40 Fed. 792.

Duggan v. Davey, 4 Dak. 110, 140.

lexicographers and writers upon geological subjects, together with those approved by the various tribunals charged with the administration and judicial construction of these laws. It is possible that with this aggregation no individual case may arise which will suffer for lack of a suitable definition.

ARTICLE II. "LODE," "VEIN," "LEDGE."

? 288. As defined by the geologists. 292. Judicial definitions, and their

289. Elements to be considered in

application

The Eureka

2286. English and Scotch definitions. We are indebted to Mr. Archibald Brown for the following:

"A mineral lode, or vein, is a flattened mass of metallic or earthy matter, differing materially in its nature from "the rocks or strata in which it occurs. Its breadth varies "from a few inches to several feet, and it extends in length "to a considerable distance, but often with great irregu"larity of course. It is often perpendicular, or nearly so, "in its position, and-descends in most cases to an unknown "depth. Sometimes the sides are parallel, and sometimes "they recede from each other so as to form large accumu"lations, or, as they are called, bellies, of mineral matter; "and occasionally they approach each other so as almost, "if not wholly, to cause the vein to disappear. Veins "also traverse each other, and smaller ones ramify or spring out from the larger."

And to Mr. Ross Stewart for the following:

"Vein,' 'seam,' 'lode,' which appear to signify the "the same thing, viz: a layer or stratum of material of a "different nature from the stratification in which it occurs,

1 1 Bainbridge on Mines, 4th ed. 7.

"are equivalent to the term 'mine,' when by it is under"stood an unopened mine."1

We do not find the term discussed in Collyer, Arundel, or Rogers. MacSwinney contents himself with definitions. given by the lexicographers, without venturing to formulate one of his own.

? 287. As defined by the lexicographers.—

Century Dictionary:

"LODE. A metalliferous deposit, having more or less of "a veinlike character; that is, having a certain degree of "regularity, and being confined within walls. Lode, as used "by miners, is nearly synonymous, with the term vein, as employed by geologists. The word would not be used for "a flat or stratified mass."

"VEIN. An occurrence of ore, usually disseminated through a gangue, or veinstone, and having a more or less "regular development in length, width, and depth. A vein "and a lode are, in common usage, essentially the same "thing, the former being rather the scientific, the latter the "miners', name for it."

"LEDGE. In mining, ledge is a common name in the Cor"dilleran region for the lode, or for any outcrop supposed to "be that of a mineral deposit or vein. It is frequently "used to designate a quartz vein.”

Webster's Dictionary:

"LODE. A metallic vein; any regular vein or course, "whether metallic or not."

"LEDGE. A lode; a limited mass of rock, bearing valu"able mineral."

"VEIN. A narrow mass of rock intersecting other rocks, "and filling inclined or vertical fissures not corresponding "with the stratification; a lode; a dike;—often limited, in "the language of miners, to a mineral vein or lode; that is, "to a vein which contains useful minerals or ores.

"A fissure, cleft, or cavity, as in the earth or other sub"stance."

Standard Dictionary:

"LODE. A somewhat continuous unstratified metal"bearing vein.”

1 Stewart on Mines, 3.

"VEIN. The filling of a fissure or fault in a rock, par"ticularly if deposited by aqueous solutions. "metalliferous, it is called by miners a lode.

"or shoot of ore parallel with the bedding."

When

A bed

"LEDGE. A metal-bearing rock-stratum; a quartz vein."

Richardson's Dictionary:

"VEINS. Lineal streaks in mineral."

Encyclopedia Britannica:

"VEINS. Fissures or cracks in the rocks which are "filled with materials of quite a different nature from the "rocks in which the fissures occur."

2288. As defined by the geologists.

Dana:

"VEINS are the fillings of fissures, or of open spaces "made in any way, exclusive of those called dikes, which are due to intrusions of melted rock. Where ores occur "along a vein, it is, in miners' language, a lode.””

Geike:

"Into the fissures opened in the earth's crust there "have been introduced various simple minerals and ores, which, solidifying there, have taken the form of mineral "veins.

"A true mineral vein consists of one or more minerals "filling up a fissure, which may be vertical, but is usually more or less inclined, and may vary in width from less "than an inch up to one hundred and fifty feet or more."

Le Conte:

"All rocks, but especially metamorphic rocks, in moun"tain 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 are often called by the "general name of veins. True veins are accumulations, "mostly in fissures, of certain mineral matters, usually in "a purer and more sparry form than they exist in the "rocks."

1 Dana's Manual of Geology, 4th ed. (1895), 327.
2 Id. 331.

3 Geike's Geology (1886), 275.

'Le Conte's Elements of Geology (1895), 234.

Van Cotta:

As quoted in the Eureka case, Van Cotta defines a lode as a fissure in the earth's crust filled with mineral matter; an aggregation of mineral matter containing ore in a fissure.

289. Elements to be considered in the judicial application of definitions - Rules of interpretation.— Dr. Raymond, one of the expert witnesses whose evidence. is quoted and referred to in the Eureka case, thus states his views:

"The miners made the definition first. As used by "miners, before being defined by any authority, the term "lode' simply meant that formation by which the miner "could be led or guided. It is an alteration of the verb. "lead,' and whatever the miner could follow, expecting to "find ore, was his lode. Some formation within which he "could find ore, and out of which he could not expect to "find ore, was his lode."1

At the time the act of July 26, 1866, was passed, the first congressional enactment wherein the words "lode" and "vein" were used, the center of activity in the mining industry was found in the auriferous quartz belt of California, and the Comstock lode, in Nevada. Up to that time there is but little doubt that the experience of the western miner in lode mining was, with rare exceptions, confined to a class of deposits that would readily fall within the scientific definition of a "lode"; that is, "a fissure in the earth's crust "filled with mineral matter; an aggregation of mineral "matter containing ore in a fissure."

Dr. Raymond is of the opinion that the term was used by the miner in a more enlarged sense, because "cinnabar" was included in the category of minerals specified in the statute, and "cinnabar" occurs not in fissure veins, butas "impregnations and masses of ore distributed through "zones of rock.""

1 Eureka case, 4 Saw. 302, 311.

2 Monograph in Eureka-Richmond Case, Trans. Am. Inst. Min. Eng., vol. vi., 382. See, also, Dr. Raymond's testimony, quoted by the court in the Eureka case, 4 Saw. 302, 311.