of such surveys, and no such location shall include more than twenty acres for each individual claimant; but where placer-claims cannot be conformed to legal subdivisions, survey and plat shall be made as on unsurveyed lands: Provided, That proceedings now pending may be prosecuted to their final determination under existing laws; but the provisions of this act, when not in conflict with existing laws, shall apply in such cases: Provided also, That where by the segregation of mineral lands in any legal subdivision a quantity of agricultural land less than forty acres remains, said fractional portion of agricultural land may be entered by any party qualified by law for homestead or pre-emption purposes.

SEC. 11. That where the same person, association, or corporation is in possession of a placer-claim, and also a vein or lode included within the boundaries thereof, application shall be made for a patent for the placer-claim, with the statement that it includes such vein or lode, and in such case (subject to the provisions of this act and the act entitled "An act to amend an act granting the right of way to ditch and canal owners over the public lands, and for other purposes," approved July 9, 1870) a patent shall issue for the placer-claim, including such vein or lode, upon the payment of five dollars per acre for such vein or lode claim, and twenty-five feet of surface on each side thereof. The remainder of the placer-claim, or any placer-claim not embracing any vein or lode claim, shall be paid for at the rate of $2.50 per acre, together with all costs of proceedings; and where a vein or lode, such as is described in the second section of this act, is known to exist within the boundaries of a placer-claim, an application for a patent for such placer-claim which does not include an application for the vein or lode claim shall be construed as a conclusive declaration that the claimant of the placer-claim has no right of possession of the vein or lode claim; but where the existence of a vein or lode in a placer-claim is not known, a patent for the placer-claim shall convey all valuable mineral and other deposits within the boundaries thereof.

SEC. 12. That the surveyor-general of the United States may appoint in each land-district containing mineral lands as many competent surveyors as shall apply for appointment to survey mining-claims. The expenses of the survey of vein or lode claims, and the survey and subdivision of placer-claims into smaller quantities than one hundred and sixty acres, together with the cost of publication of notices, shall be paid by the applicants, and they shall be at liberty to obtain the same at the most reasonable rates, and they shall also be at liberty to employ any United States deputy surveyor to make the survey. The Commissioner of the General Land-Office shall also have power to establish the maximum charges for surveys and publication of notices under this act; and, in case of excessive charges for publication, he may designate any newspaper published in a land-district where mines are situated for the publication of mining notices in such district, and fix the rates to be charged by such paper; and, to the end that the Commissioner may be fully informed on the subject, each applicant shall file with the register a sworn statement of all charges and fees paid by said applicant for publication and survey, together with all fees and money paid the regis ter and the receiver of the land-office, which statement shall be transmitted, with the other papers in the case, to the Commissioner of the General Land-Office. The fees of the register and the receiver shall be five dollars each for filing and acting upon each application for patent or adverse claim filed, and they shall be allowed the amount fixed by law for reducing testimony to writing, when done in the

land-office, such fees and allowances to be paid by the respective parties; and no other fees shall be charged by them in such cases. Nothing in this act shall be construed to enlarge or affect the rights of either party in regard to any property in controversy at the time of the passage of this act, or the act entitled "An act granting the right of way to ditch and canal owners over the public lands, and for other purposes," approved July 26, 1866, nor shall this act affect any right acquired under said act; and nothing in this act shall be construed to repeal, impair, or in any way affect the provisions of the act entitled "An act granting to A. Sutro the right of way and other privileges to aid in the construction of a draining and exploring tunnel to the Comstock lode, in the State of Nevada," approved July 25, 1866.

SEC. 13. That all affidavits required to be made under this act, or the act of which it is amendatory, may be verified before any officer authorized to administer oaths within the land-district where the claims may be situated, and all testimony and proofs may be taken before any such officer, and when duly certified by the officer taking the same, shall have the same force and effect as if taken before the register and the receiver of the land-office. In cases of contest as to the mineral or agricultural character of land, the testimony and proofs may be taken as herein provided on personal notice of at least ten days to the opposing party; or if said party cannot be found, then by publication of at least once a week for thirty days in a newspaper, to be designated by the register of the land-office as published nearest to the location of such land; and the register shall require proof that such notice has been given.

SEC. 14. That where two or more veins intersect or cross each other, priority of title shall govern, and such prior location shall be entitled to all ore or mineral contained within the space of intersection: Provided, however, That the subsequent location shall have the right of way through said space of intersection for the purposes of the convenient working of the said mine: And provided also, That where two or more veins unite, the oldest or prior location shall take the vein below the point of union, including all the space of intersection.

SEC. 15. That where non-mineral land not contiguous to the vein or lode is used or occupied by the proprietor of such vein or lode for mining or milling purposes, such non-adjacent surface-ground may be embraced and included in an application for a patent for such vein or lode, and the same may be patented therewith, subject to the same preliminary requirements as to survey and notice as are applicable under this act to veins or lodes: Provided, That no location hereafter made of such non-adjacent land shall exceed five acres, and payment for the same must be made at the same rate as fixed by this act for the superficies of the lode. The owner of a quartz-mill or reduction-works, not owning a mine in connection therewith, may also receive a patent for his mill-site, as provided in this section.

SEC. 16. That all acts and parts of acts inconsistent herewith are hereby repealed: Provided, That nothing contained in this act shall be construed to impair, in any way, rights or interests in mining property acquired under existing laws.

CHAPTER XIX.

AMERICAN SCHOOLS OF MINING AND METALLURGY.

Since the publication of my first report, in 1869, in which the subject of professional education was treated at some length, a great advance has been made in the facilities afforded by American schools and colleges, though nothing has been done by the Government, I regret to say, toward the establishing of a national school of mines. There are now some thirty institutions in this country, in the plans of which room is made for instruction in mining and metallurgy. Of course this department is not organized with equal thoroughness or furnished with equal liberality in all these cases; in too many of them trustees have added to the old curriculum merely a nominal course, because it was the fashion, and in order to attract students. But it is gratifying to know that a considerable number of these mining and technological schools mean business, and not show. Without intending to slight any which I omit, I have collected full information concerning some of the principal institutions east of the Rocky Mountains. There is an inchoate school in Colorado, and there is a promising department for this subject in the University of California; but these have had no chance, as yet, to show what they can do.

The schools to which I shall refer are, the Massachusetts Institute of Technology, (Boston;) the School of Mines of Columbia College, (New York;) the Sheffield Scientific School, New Haven ;) the Stevens Institute of Technology, (Hoboken ;) the Pardee Scientific Department of Lafayette College, (Easton;) the School of Mining and Metallurgy of Lehigh University, (Bethlehem ;) the School of Mining and Practical Geology, of Harvard University, (Cambridge;) the Rensselaer Poly technic Institute, (Troy ;) the Scientific Department of the University of Pennsylvania, (Philadelphia;) the Missouri School of Mines and Metallurgy, (Rolla;) and the Polytechnic Department of Washington University, (Saint Louis.)

THE MASSACHUSETTS INSTITUTE OF TECHNOLOGY.

Officers of instruction.-John D. Runkle, Ph. D., LL. D., President; John D. Runkle, Ph. D., LL. D., Walker Professor of Mathematics and Mechanics; William Watson, Ph. D., Professor of Mechanical Engineering; John B. Henck, A. M., Hayward Professor of Civil and Topographical Engineering; William R. Ware, S. B., Professor of Architecture; William P. Atkinson, A. M., Professor of English and History; George A. Osborne, S. B., Professor of Mathmatics, Astronomy, and Navigation; Alfred P. Rockwell, A. M., Professor of Mining Engineering; Edward C. Pickering, S. B. Thayer Professor of Physics; Samuel Kneeland, A. M., M. D., Professor of Zoology and Physiology; John M. Ordway, A. M.,* Professor of Metallurgy and Industrial Chemistry; James M. Crafts, S. B., Professor of Analytical and Organic Chemistry; Robert H. Richards, graduate of the Institute, Professor of Mineralogy and Assaying, in charge of the Mining and Metallurgical Laboratory; Thomas Sterry Hunt, LL. D., Professor of Geology; George H. Howison, A. M., Professor of Logic and the Philosophy of Science; S. Edward Warren, C. E., Professor of Descriptive Geometry, Stereotomy, and drawing; Professor of Modern Languages; Henry L. Whiting, United States Coast Survey, Professor of Topography; Henry Mitchell, A.M., United States Coast Survey, Professor of Physical Hydrography; Alpheus Hyatt, S. B., Custodian of the Boston Society of Natural History, Professor of Palæontology; Lewis B. Monroe, Professor of Vocal Cul

* The instruction in botany is at present given by Professor Ordway.

ture and Elocution; Willliam H. Niles, 'Ph. B., A. M., Professor of Physical Geology and Geography; William Ripley Nichols, graduate of the Institute, Assistant Professor of General Chemistry; Charles R. Cross, graduate of the Institute, Assistant Professor of Physics; Ernest Schubert, Instructor in Free-Hand and Machine Drawing; Eugene Letang, Assistant in Architecture; John A. Whipple, Instructor in Photography; William E. Hoyt, graduate of the Institute, Instructor in Civil Engineering and Drawing; Jules Lévy, Instructor in French, Spanish, and Italian ; E. C. F. Kraus, Instructor in German; Edward K. Clark, graduate of the Institute, Instructor in Mechanical Drawing; Gaetano Lanza, S. B., C. E., Instructor in Mathematics; Foster E. L. Beal, graduate of the Institute, Instructor in Mathematics; G. Russell Lincoln, graduate of the Institute, Instructor in General Chemistry and Qualitative Analysis; Charles F. Stone, graduate of the Institute, Instructor in Quantitative Analysis; Hobart Moore, Instructor in Military Tactics.

Summary of students.-Resident graduates, 3; fourth year, 17; third year, 33; second year, 39; first year, 91; students not candidates for a degree, 81; total, 264, for the year 1871-72.

Courses of study.-The regular course in the department of geology and mine engineering extends over four years, and the range of studies pursued is indicated by the following scheme of instruction:

FIRST AND SECOND YEARS.

Mathematics.-Algebra; solid geometry; mensuration; plane trigonometry and spherical trigonometry; analytic geometry; elements of the calculus. Surveying.-Field-work; plotting surveys; computing areas; plans.

Physical and industrial geography.

Physics.-Mechanics of solids, liquids, and gases; sound; light; heat; magnetism;

electricity.

Chemistry.-Qualitative analysis; chemistry, organic and inorganic.

French; German; English; descriptive geometry; mechanical and free-hand drawing.

THIRD YEAR.

Civil engineering.-Survey and construction of roads and railways; measurement of earth-work and masonry; field practice.

Mathematics.-Differential and integral calculus; analytic mechanics.

Applied mechanics.-Stress; stability; strength and stiffness.
Geology.-General descriptive, and theoretical geology.

Zoology and palæontology.

Mining.-Ore-deposits; prospecting; boring; sinking shafts, &c.; methods of

mining.

Mineralogy.-Descriptive and determinative; crystallography; use of the blow-pipe. Chemistry.-Lectures and laboratory practice in quantitative analysis.

Assaying.-Wet and dry ways.

Metallurgy.-Metallurgical processes; constructions and implements.

Physics.-Laboratory practice.

English and constitutional history; French or Spanish; drawing.

FOURTH YEAR.

Mining.-Ventilation; winding machinery; underground transport; pumps; dressing and concentration of ores; practice in mining-laboratory in ore-dressing. Economic geology.--Detailed description of American ore deposits and mines. Strength of materials and hydraulics.

Machinery and motors.-Hand-machinery; water-wheels; boilers; steam-engines. Chemistry.-Lectures and laboratory practice; synthetic experiments; quantitative

analysis.

Geology.-American geology; lithological, strategraphical, palæontological. Chemical geology.-Origin of rocks, vein-stones, ore-deposits, coal, petroleum, &c. Metallurgy, practical lithology, and building-materials; physics.

Drawing.-Geological maps and sections; plans of mines; mining-machinery and

implements.

English literature; political economy; French or Italian; German.

The four years' course is so arranged as to secure to the student a liberal mental development and general culture, as well as the strictly technical education, which is his chief object. The studies of the first and second years are somewhat general in character, but are regarded as a necessary foundation for the more special studies of the two succeeding years. The special professional studies peculiar to this department commence with the third year. Instruction is given by lectures and recitations, and by practical exercises in the field, the laboratories, and the drawing-rooms. In most of the

subjects problems are given the students to be worked ontside the lecture-room. A · high value is set upon the educational effect of these practical exercises.

The space devoted to laboratories and the prominence given to laboratory work, in physics, chemistry, assaying, blow-pipe analysis, metallurgy, and ore-dressing, is a marked feature in the scheme of instruction of the institute. It is believed that this school offers unusual facilities in this regard. The chemical laboratories cover 4,000 square feet; the mining, metallurgical, and assay laboratories, 2,000 square feet; the blow-pipe laboratory, 550 square feet; the physical laboratories, 3,500 square feet; and the drawing-rooms 8,556 square feet.

A course of thirty lectures on physical geology and geography is given to the students of the second year by Professor Niles. The study of the surface of the earth, of its external features, their origin and modifications, is essentially the subject of this course. A proper knowledge of the surface includes necessarily a corresponding acquaintance with the arrangement of rock-masses, in so far as they have determined the character of the surface features, and especially the geological agencies which are constantly producing the changes of the surface. The aim of the instruction, therefore, is to present clearly the most important relations between surface features and underlying geological formations and to show the action of the great dynamical forces, or, in other words, to teach physical geography and physical geology in their natural relations. The knowledge of these relations becomes of great practical value in determining the extent or even probable occurrence of certain ore-bearing rocks and of coal-beds in certain districts, since, where the rocks are completely covered by soil, the topographical features may be the only guide in "prospecting."

EXERCISES, THIRD AND FOURTH YEARS.

Descriptive and Theoretical Geology-30 lectures by Professor Hunt. American Geology-30 lectures by Professor Hunt. Practical Lithology and Building-Stones15 lectures by Professor Hunt. Chemical Geology-15 lectures by Professor Hunt. Mining-70 lectures by Professor Rockwell. Economic Geology-20 lectures by Professor Rockwell. Paleontology-50 lectures by Professor Hyatt. Metallurgy-40 lectures by Professor Ordway. Industrial Chemistry-40 lectures by Professor Ordway. Quantitative Analysis-40 lectures by Professor Crafts. Chemical Laboratory Practice10 to 15 hours a week, by Professor Crafts. Assaying, dry way-10 exercises (24 hours each) by Professor Richards. Blow-pipe and Determinate Mineralogy-45 exercises (1 to 2 hours each) by Professor Richards. Descriptive Mineralogy-15 lectures by Professor Richards. Mining and Metallurgical Laboratory Practice-10 hours a week. Physical Laboratory Practice-3 hours a week, 1 year, Professor Pickering. Calculus -50 lessons by President Runkle. Mechanics-50 lessons by President Runkle. Civil ·Engineering-40 lessons by Professor Henck. Strength of Materials and Hydraulics -40 lessons by Professor Watson. Machinery and Motors-25 lessons by Professor Watson. Natural History-25 lectures by Professor Kneeland. French-2 hours a .week. German-2 hours a week. English-2 hours a week. Drawing-3 to 6 hours a week.

Geology, Lithology, &c.-The instruction in geology and certain related subjects is given by Professor Hunt, in four courses, delivered yearly to students of the third and fourth years. The first is a yearly course of thirty lectures on descriptive and theoretical geology. This embraces the classification of the related sciences; scope of geological studies; nature of rocks, or lithology; stratigraphy; succession of forma tions; zoological history; geological dynamics; chemical and physical forces; aqueous and igneous agencies; currents; sedimentation; elevation and subsidence; geographical distribution of formations; nature and origin of mountains; volcanic action. The second is a yearly course of thirty lectures on American geology, comprising introduction; geological history; geology of North America, considered lithologically, stratigraphically, and palæontologically; comparative geognosy. The third is a yearly course of fifteen lectures on practical lithology, comprising mineralogical composition of rocks; building-stones, their cohesion, porosity; granites, marbles, limestones, sandstones, slates, &c.; limes, cements, and mortars; ornamental stones and gems. The fourth is a yearly course of fifteen lectures on chemical geology, or the chemical history of the globe; comprising the origin of rocks, both stratified and unstratified; the history of veinstones and ore-deposits; the formation of coal and petroleum; the chemistry of salt-deposits and of mineral-waters; the seat and origin of volcanic and earthquake phenomena.

Mining and Economic Geology.-The instruction in mining and in economic geology is given by Professor Rockwell, in two yearly courses, delivered to students of the third and fourth years. The first is a yearly course of seventy lectures on mining. The student is made acquainted with the general character of the various deposits of the useful minerals, and with the theory and practice of mining operations, such as the methods of search or "prospecting;" boring for oil, coal, or water; the sinking of shafts, with the timbering, walling or tubing of the same; the driving of levels; the