Bulletin 113 Abstracts of Current Decisions on Mines and Mining

OIL AND GAS AS MINERALS. Oil and gas within the ground are minerals and the fact that they have attributes not common to other minerals because of their fugitive nature or vagrant habit, and the disposition to percolate, and the possibility of their escape from beneath one part of the surface to another, does not remove them from the class of minerals. Texas Co. v. Daugherty (Texas), 176 Southwestern, 717, p. 719, May, 1915. OWNERSHIP OF TAILINGS-ABANDONMENT. A corporation engaged in milling- and the reduction of ores deposited the tailings therefrom upon a portion of its own land lying in a gulch through which water flows at times in great volumes and with great force' and notwithstanding all reasonable efforts by dams and otherwise to retain its tailings, the tailings eventually were forced upon the lands of an adjoining owner; these tailings were valuable and their retreatment, intended by the mill owner, profitable; and the fact that the tailings were so washed down upon the lands of the adjoining owner and permitted to accumulate and remain for some considerable time is not sufficient to show an abandonment on the part of the owner of the tailings, where it is clear that the owner had no intention of so doing, but on the contrary, always intended to conserve and retreat the tailings.