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By R. J. Mechin

Top-slicing was introduced in the Pachuca district in 1917 by T. C. Baker, at that time mine superintendent of the Santa Gertmdis mine. There then existed 1200 ft. below the surface, lying between the fourteenth and eighteenth levels (a vertical distance of 354.2 ft.) a block of ore having a length of 295 ft. and an average width of 82 ft. and dipping at an angle of 65°. This block lay in the hanging wall of the vein and consisted of highly altered and fractured andesite, cut through with mineralized quartz stringers. On the foot-wall side, 26 ft. of old filling, left by former operators, was of payable grade. Stoping therein was first undertaken by the square-set filling system, but because of the extremely heavy hanging wall and loose dry filling in the foot wall, all square setting had to be accompanied by spiling, which made the operation exceedingly slow and costly. A system of mining was sought that would eliminate the difficulties inherent to the square-set system in heavy ground and that at the same time would effect the desired economies in mining. After several years, top-slicing has met all the conditions most satisfactorily, so that when similar conditions presented themselves in El Bordo mine, this method was adopted with necessary modifications. El Bordo mine is operated by the Santa Gertrudis company, and is situated about two miles north of Pachuca. Because of the diversity of the orebodies, a number of different mining methods are in use, among them top-slicing. Description of Block of Ore Former operators, when mining the original vein, left in the foot wall ore of too low grade to be profitable at the time; also, considerabe low-grade material was sorted out and stored as filling in the stopes. Some pillars were left in place, either for support or because they were not payable. All this has formed a body of ore that can now be exploited

Jan 1, 1925

By L. F. Mondolfo, B. E. Sundquist

The undercooling associated with the nucleation of the secondary phase from the liquid by the solid primary phase was studied in sixty binary alloys by means of a hot-stage microscope. It was found that in a system of a and ß, a usually nucleates ß at low undercoolings, but ß does not nucleate a, except possibly at undercoolings approaching homogeneous nucleation. This behavior can be explained in terms of relative interfacial energies and shows that crystallographic disregistry is only a minor factor in heterogeneous nucleation from metallic liquids. PREVIOUS experimental work1-6 on nucleation of solids from liquids has shown that normally nucleation is heterogeneous, and that small solid particles present in the liquid are responsible for the nucleation. These experiments and the theory that has evolved from them have made apparent that there is a "characteristic undercooling" associated with the nucleation of the solid from a given liquid by a given impurity. Little is known, however, about the chemical and structural relationships between the nucleating agent and nucleated solid that control the effectiveness of the nucleating agent in catalyzing the nucleation, as measured by the required undercooling. A review of the literature has yielded seventeen undercoolingsL-6 for the nucleation of solid from liquid metals by "known" nucleating agents. All values come from experiments in which the metal studied was divided into a number of particles (10 to 300 pin diam.) much larger than the number of extraneous impurity particles so as to obtain a large number of particles free of foreign nucleating catalysts. Known nucleating agents are then introduced by coating the droplets with particles or a thin film of the catalyst. Six of the seventeen undercooling values referred to cases where, for various reasons, the identity of the nucleating species was not at all certain. Another six cases involved nucleating agents with a crystal structure that was not known. Four other cases involved undercoolings listed as greater than or equal to undercoolings which were very likely those for homogeneous nucleation. One investigation3 involved adding to droplets powdered oxides, carbides, and so forth that were doubtlessly covered with adsorbed oxide or nitride films. The highly variable nature of these films resulted in highly variable undercooling (as was also found in preliminary work in this investigation). It is apparent that the information on heterogeneous nucleation in liquid metals is too limited to give rise to any definite conclusions on the nature of the catalytic process. With these problems in mind a new method was

Jan 1, 1962

By E. M. Wise

THOUGH known as the platinum-group metal- the sextuplet, platinum, palladium, iridium. rhodium, osmium, ruthenium, might well be called the American metals or perhaps Pan-American metals, as the ore containing them eras first discovered in South America, and in recent years the largest production has come from North America. The South American alluvial deposits, which also, contain gold, are in active production, as are the alluvial platinum deposits of Alaska, but the main production is from the copper-nickel ores of Sudbury, Ontario. The Russian deposits in the Urals were the source of most of the worlds platinum for about 100 years, but since 1934 have assumed second place. For a time considerable amounts of platinum came from several rather rich deposits in South Africa but these were exhausted quickly. However, a tremendous reserve of lower-grade ore exists there, which could be worked profitably if the price of platinum were considerably higher.

Jan 1, 1942

By J. T. Mackenzie

HENRY MARION HOWE, in whose memory we are gathered together, was one of the great thinkers who develop from time to time to whom is given the rare gift of synthesis. Analysis is given to few, but synthesis, the ability to show the relation of all parts to each other and thus to give a clear picture of the whole, is reserved for the very few. Analysis can be achieved by honesty, intelligence, and industry, but synthesis is only given to genius Professor Howe's crowning achievement is the picture of the whole iron-carbon series shown in Fig. I, which places steel, malleable, gray iron, mottled and chilled irons in their proper relation to each other and shows the essential unity of the series. Perhaps his best statement of the case is found on page go of the Metallography of Steel and Cast Iron in these words: "Each member of the gray cast-iron series consists of the metallic matrix approximately equivalent to that member of the steel-white-cast-iron series to which it corresponds in percentage of combined carbon with its continuity broken up-by masses of graphite . . . " Apparently he had taken considerable interest in this idea around the turn of the century, for he refers to a discussion at the Franklin Institute in 1900 in which he said: "Though many others had probably conceived this relation between the steels and cast irons, it was here enunciated for the first time, so far as I know. It was received with great incredulity." The concept was explained in some detail in a paper on 'The Constitution of Cast Iron" presented before the A.S.T.M. in 1902 when Professor Howe was retiring president of that young society. In the discussion Dr. Sauveur stated that he was "very well acquainted with Professor Howe's theory of the constitution of cast iron," and went on to say that while he "shared it to the fullest extent, some foundrymen . . . claim cast iron is a metal entirely different from steel . . . that steel and cast iron have very little in common, and that therefore the knowledge gained in the study of steel is of little or no value in the study of cast iron." Dr. Moldenke, in discussing the same paper, said he had been working on the same theory for 12 years but he laid no claim to publication. Discussing the difference in the micro- structure of the metallic matrix, Professor Howe pointed out that "such minor struc- tural differences are indeed to be expected, because of the difference in the conditions under which these constituents are generated. "One difference in these conditions is that the steel of most micrographs has been either forged or at least treated thermally in such a way as to give a new structure radically different from that which formed during the initial solidification, whereas the cast irons have not. Hence what we see in the steels is a transformation structure, but in the cast irons a solidification structure. By giving the cast

Jan 1, 1944

By AIME AIME

A DOCUMENT of progress and of great interest to engineers is the report of the Military Affairs Committee of 'the Engineering Council, which has just been accepted and sent to the secretary of War. It provides .a plan whereby civilian engineers holding commissions in the Reserve Corps may; with their con- sent, be called into service of the army during peace at any time, either with troops in the field or in a consulting capacity on any government engineering work. The Military Affairs Committee finds ample authority in the military bill passed by Congress on June 4, 1920, for this arrangement and also for extending the privilege to military engineer, officer-s of the regular army to engage in civilian work during times of peace. It is hoped that the Secretary of War will adopt the suggestions and put the program outlined into effect. This is a constructive piece of work comparable to the efforts of the military Committee before the war which developed so much in the way of preparedness, particularly in the program of military lectures which, held in the auditorium in the Engineering Societies Building, became so popular that each lecture had

Jan 1, 1920

By Ellsworth Daggett

THE ore smelted in the Winnamuck furnace during the year 1872 consisted, for the most part, of oxidized ores from the Winnamuck mine, only sixty tons of outside ore (from the Spanish mine) having been smelted. The latter, like the principal Winnamuck ore, was oxidized or so-called carbonate ore. There was mixed with these oxidized ores three hundred to four hundred tons, or 7 to 10 per cent. of galena, some of which was mined with the oxidized ore, while a part was mined separately from the lower portion of the mine, and afterwards mixed with the ore, with a view of preventing the formation of deposits of metallic iron in the furnaces. The average assay in silver of all the ore handled was 51.46 oz. per ton, most of it existing as chloride of silver. The lead contents were 34.98 per cent., all, or nearly all, in the form of carbonate of lead. The relative amount of silver is not at all constant, the best silver ore often being poorest in lead. The predominant gangue was silica, several determinations of which have been made on representative samples, yielding in three such samples 26, 38, and 58 per cent. silica, the latter test being ore containing but little lead. The average contents in silica are about 35 per cent., with 6 to 7 per cent. sesquioxide of iron, and small quantities of alumina and lime. Mechanically, the ore was very fine, and so thoroughly disintegrated that it presented few distin¬guishing characteristics, rendering sorting or separating of ore from waste difficult, and often impracticable. Experiments on a small scale have been tried, with a view to separate the silica by washing; but these were unsuccessful, as the finest slime, requiring a long time to settle in still water, contained a large amount of silver; and on a careful sizing and washing of the sands and coarser parts, the silver contents were found to be less dependent upon specific gravity

Jan 1, 1874

By A. H. Tousley

The cement industry is on the horns of an economic dilemma. Within the last ten years, its over- capacity in the United States has varied from 139- 127% of demand (Fig. 1). The most direct effect of this is seen in cement prices, which reached a peak in 1960, retreated steadily through 1966 and only recently climbed back to the 1960 level again. With prices in a slump and production costs estimated to be up almost 30%, there has been a steady drain on cement profits. Since 1960, labor costs have increased 86% while fuel costs have risen 18%. Meanwhile, customer service costs have also soared owing to the competition for cement customers and the wider variety of available cement products. This search for sales advantage has in turn led to a higher Blaine number, which means more grinding and hence bigger mills, more power, and, once again, higher costs. New plants as well as expansions and revisions to existing plants are also costing more owing to higher

Jan 1, 1971

By R. A. Nadler and

Specimens of Ti-155A (Ti-5Al-1.3Fe-1.3Cr-1.2Mo), Ti-6Al-4V and Ti-4Al-3Mo-1V were hydrogenated, aged to high strength levels, and subjected to notched stress-rupture tests and tensile tests at two strain rates. Both Ti-6Al-4V and Ti-155A were relatively unaffected by hydrogen in amounts exceeding those found in commercially -produced material. Inconsistencies in the data and a relatively low initial level of ductility prevented an accurate determination of the hydrogen tolerance for aged Ti-4Al-3Mo-1V, but there was no evidence that this alloy was any more susceptible to hydrogen embrittlement than Ti-155A and Ti-6A1-4V. THE metallurgical literature has been considerably enriched in the past five years by the publication of the results of many investigations which were concerned with the effects of hydrogen on titanium and its alloys. Although it is not the authors' intention to provide a complete literature survey of this vast field, it is worthwhile to summarize briefly some of the important factors which influence the embrittling phenomenon in a - B alloys. Some of the influencing factors are those of strain rate, temperature, and composition. Hydrogen embrittlement in a - B titanium alloys is now believed to be a strain-induced phenomenon, and whether or not embrittlement occurs at high hydrogen levels depends largely upon whether sufficient time is available for hydride precipitation. This condition is fulfilled by tensile testing at very slow strain rates or by rupture testing smooth or, preferably, notched specimens over relatively long periods. Conveniently, maximum embrittlement occurs at or near room temperature. The presence B - stabilizing elements, in amounts sufficiently small to prevent an all -B or nearly all -P condition, promotes hydrogen embrittlement and this tendency is believed to be related to the amount of a - B interfacial area present. Aluminum, by increasing the solubility of hydrogen in A titanium, greatly reduces the danger of hydrogen embrittlement, while oxygen has been shown to have detrimental effects.' The preceding discussion is based on experimental work performed on annealed a - P alloys. This early work has shown that annealed Ti-6A1-4V and Ti-155A are relatively insensitive to the embrittling effects of hydrogen.' Although no work has been reported on annealed Ti-4A1-3Mo-lV, the alloy would be expected to exhibit somewhat the same insensitiv-ity as Ti-155A. In sharp contrast to the voluminous literature on annealed titanium alloys is the paucity of reported investigations on materials receiving commercial heat-treatment cycles. To date, the most notable contributions in this field have arisen from two separate investigations on Ti-3Mn-1Fe-1Cr-1V-lMo, the so-called 3Mn comple~. These investigations

Jan 1, 1961

By B. D. Cullity, A. Freda

It is well known that deformation by cold drawing or swaging produces a kind of preferred orientation called fiber texture in metal wires. Such textures have been extensively studied by means of X-ray diffraction, chiefly by techniques in which the diffracted X-rays are recorded photographically. This paper describes some results obtained with a new method, involving the use of a diffractometer. X-RAY METHOD Since the pole figure of a material having a fiber texture is symmetrical about the fiber axis, there is no need to present the entire pole figure. Instead, texture data can be summarized by means of a curve showing the variation of pole density along any meridian of the pole figure, if the north-south axis of the latter is made parallel to the fiber axis. The position of a pole on the meridian is specified by the angle 9 between the pole and the fiber axis (wire axis). The X-ray method1 used here to measure pole density as a function of 9 actually consists of two methods, referred to as A and B. In method a, X-rays are reflected from the wire surface. Pole densities can be measured by this method from O = 90 deg down to a limiting value which is dependent on the Bragg angle 8 and is typically of the order of 30 to 40 deg. Method B involves diffraction from the wire cross section and covers a range of 0 values from 0 up to an angle sufficient to overlap the measurements made by method A. By a combination of the two methods, a complete pole-density curve can be obtained. However, method A alone, which requires no specimen preparation other than etching, can often reveal enough of the pole-density curve to provide complete information about texture components. Both methods require that the measured diffracted intensities be corrected for changes in absorption and diffracting volume with changes in 9. A11 intensities I reported in this paper are corrected diffracted intensities; they are propor-

Jan 1, 1960

By E. J. Eisenach, Edward Matsen

AT the present time the Climax Molybdenum Co. is the largest molybdenum producer in the world and the operator of the largest underground mine in North America. It has grown steadily and rapidly since its beginning in 1917. Only 250,000 lb of MoS2 were produced during the first year from 1917 to 1918 when the company was formed. Operations were suspended shortly thereafter because of the lack of a market and knowledge of the uses of molybdenum. During World War I it was used as a substitute for some rare metals and for minor chemical purposes. After 5 years of intensive research and sales promotion, Climax metallurgists succeeded in finding proper applications for the newly discovered metal and the mine was reopened in 1924. Demand for molybdenum increased gradually and in 1930, 3.5 million lb of MoS2 were produced. In the meantime, research work for additional uses of molybdenum continued until it had established itself as one of the most important alloying elements in producing high quality steels. After the start of World War 11, from January 1942 to October 1953, 43 million tons of molybdenum ore were mined and 484 million lb of MoS2 were produced. Climax mine is located in Colorado, 100 miles southwest of Denver and 12 miles northeast of Leadville on the Continental Divide of the Rocky Mountains. The principal mine workings range from 11,170 to 12,000 ft in elevation. Topographically, it lies in the base of a large cirque that is surrounded by Mt. Bartlett to the north, Clinton Peak and McNamee Peak to the east and Ceresco Ridge to the south. This cirque opens to the west and to the Ten Mile Valley.

Jan 3, 1954

By HUGH E. McKinstry

OPENING the sessions of the Mining Geology Committee, the program on postwar mineral controls drew a larger attendance than any other session of the entire meeting. In view of its general interest, the papers of this session, or a substantial portion of them, are printed elsewhere in this issue. Whether control of mineral resources can help to promote peace, how controls could be applied and to whom, are questions so far-reaching that naturally no pat answer was agreed upon. In fact the discussion took on something of the flavor of a debate between those who favor strict control and those who felt that attempting to ration nations in peacetime would defeat its own ends. Discussion from the floor emphasized the difficulties in administering any international control and the $64 question, that no one cared to answer, asked by a courageous young lady who was induced to mount the rostrum for the purpose, was whether the United Nations should exchange mineral controllers to police each other.

Jan 1, 1944

By Ira Joralemon

THE Ajo copper district is in the heart of the Arizona desert, near the western boundary of Pima county. Gila Bend, the nearest railroad point, is 43 miles north of the camp, and the little Mexican border town of Sonoita is 30 miles south. Between Gila Bend and Sonoita, Ajo is the only settlement save for one or two small cattle ranches and the uncertain villages of nomadic Papago families. The Little Ajo mountains rise a few hundred feet above wide desert valleys, beyond which are lava mesas. The camp itself lies at an elevation of about 1,900 ft. above sea level, in a little basin on the east side of the range, separated from the open desert by low hills. In the center of the basin the brilliantly iron and copper stained rocks of Copper mountain rise 150 ft. above -the village. Many varieties of cactus and low desert bushes cover the hills, while in the large valleys there are clusters of mesquite paloverde, and ironwood trees which furnish limited amounts of fairly good fuel. A scanty supply of water is obtained from wells in the desert and from prospect pits in the camp. The nearest abundant source of water is the Gila river, 50 miles north of Ajo. (See Fig. 1.) HISTORY OF THE AJO DISTRICT The Ajo, next to Santa Rita, New Mexico, is claimed to have been the first copper district in the Southwest worked by Americans. In the '60's or even earlier high-grade native copper and cuprite Ore was mined from shallow surface workings and hauled by bull team 400 miles across the desert to San Diego. From there it was carried in sailing ships to Swansea, Wales. Later, the ore was hauled to Yuma, floated down the Colorado river to the Gulf Of California, and shipped to Swansea. Bat-infested old workings and the massive axles of the bull carts are shown to prove the truth of the stories.

Jan 8, 1914

By George Kunz

(Butte Meeting, August, 1913.) . THE manifold inconveniences resulting from the absence of a uniform standard of mass for determining the weight of precious stones have long been obvious. This lack has been keenly felt in commercial transactions, and those who have devoted time and research to the study of historic diamonds and precious stones have had frequent occasion to deplore the absence of such a standard in the past. In a paper read in Chicago in 1893, before the International Congress of Weights and Measures, held in connection with the World's Columbian Exposition, the writer suggested dividing the carat into 100 parts, and constituting a standard international carat of 200 mg. ; that is, 5 diamond carats or 20 pearl grains to a French gram, making 5,000 carats or 20,000 pearl grains to a kilogram. He also called attention to the fact. that while this would depreciate the present diamond carat or pearl grain only about 2.5 per cent., it-would abolish the troublesome discrepancies between the various carat-weights now in use, and could be easily explained and understood everywhere.1 The subject of the various diamond carats, their incongruity, and the resulting confusion as to the correct. weights of historic gems when definite records of them are searched for, has been fully treated by me in an extensive study of this subject in The Book of the Pearl.2 To the earnest and unremitting efforts of C. E. Guillaume, Director of the Bureau Internationale des Poids et Mesures at Sèvres, is largely due the eventual success of this eminently desirable reform, which he has constantly urged both by articles on the subject and by addresses delivered in Paris before the International Committee for Weights and Measures.2

Jan 7, 1913

Secretary's Note.—M. Beutter's introductory remarks, being simply a resume of Prof. Hone's paper, with a disclaimer of the intention to criticise it, have been omitted, and the remainder of this contribution lias been somewhat condensed, without omitting any essential statements. M. Beutter, St. Etienne, France* (communication to the Secretary†):—Professor Home observes in $ 47 of his paper that the fluid-compression of steel diminishes piping by forcing the liquid and viscous metal, while the pipe is forming, or after it has formed, into the space so produced, and proceeds to study the different systems of compression, alluding to the four principal ones: Whitworth, Illingmorth, Williams, and Harmet. Having now for many years had in use the last-named process, that of M. Henri Harmet, I shall attempt to explain the difference between it and the three other processes named. The Harmet process does not diminish or close the pipe after it has formed, but prevents it from forming; and I may add that it is the only one of the four which produces this result. It is true that the Whitworth process diminishes the interior hollow by localizing it around the central axis of the ingot, which is afterwards removed by trepanning the hollow forg-ings for which this process has been, I believe, always exclusively used. The Illingworth and Williams processes, which, in my opinion, are applicable only to small ingots, of necessity allow the pipe to form, or (to use the expression of Professor Howe) they allow the surface of the lake of liquid steel to sink into the interior of the ingot, since they involve waiting a certain time before compression, so that (in the case of the Williams process) the ingot-mold can be opened without danger, or (in the case of the Illingworth process) so as to avoid the risk that the steel may enter the grooves produced by the removal of the distance-bars. During the time required for

Jan 1, 1908

By R. C. Ernrnons, Ray Wilcox

RECENTLY completed experimental work, carried out in the department of geology at the University of Wisconsin, aiming at a prevention of silicosis in industry has been reported in the American Mineralogist. A vast amount of work on silicosis has been reported in the literature, the clinical aspects having been especially well covered. A host of critical observations have been made on the variations in the nature of the silicosis problem in different environments, and a great deal of valuable experimental work has helped to clarify these observations. At present a greater amount of information of a critical sort is available than ever before, which affords a more sound basis for interpretive thought. It has been observed in industry that essentially pure silica dust gives rise to silicosis. Jones would modify this conclusion to place the responsibility on sericite, a silicate mineral present in the siliceous dust. Material such as granite dust, which carries a high free silica (quartz) content, is also a silicosis hazard. But sericite, too, is usually present in granite. In general it is widely believed that silicosis is caused by the presence in the lung of silicic acid regardless of the source. This view is adopted here.

Jan 1, 1937

By Daniel Hanson

FoR most of their practical applications metals are required to withstand stresses of appreciable magnitude: indeed, it id because they possess the quality of resisting stress without becoming permanently deformed that they find such extensive use in the service of man. Metals and alloys must, in service, usually behave as elastic substances—or nearly so. It is not difficult to satisfy this condition at ordinary temperatures. Iron and its alloys, especially the steels, are at normal temperatures excellent elastic bodies, capable of satisfying most of the mechanical requirements of the engineer: where electrical, chemical or other properties are impor-tant, which cannot be met by steels, it is usually possible to find a non-ferrous alloy such as nickel, copper or aluminum, which will prove satisfactory. When the metals or alloys are not inherently sufficiently elastic, cold-working or heat-treatment may develop elastic properties to a sufficient extent for practical needs. By means of relatively simple, rapid tests we can measure such properties as elastic modulus, limit of proportionality and proof stress, upon which design can be based with confidence. The case of the soft metals, such as lead and tin, is well known to be exceptional. They possess no definite limit of elasticity, and the value of proof stress or tensile strength depends to a great extent on the speed with which the test is carried out. Design here must be based on other considerations than a well-established theory of the proportionality of stress and strain. It is now generally recognized that steels and non-ferrous alloys possess at temperatures not greatly exceeding that of the atmosphere, characteristics quite different from those existing at ordinary temperatures, and that they assume qualities similar to those of the soft metals. Not only have they no limit of elasticity, but the proof stress and the ultimate stress depend on the time of application of the load. Flow under load may persist for long periods of time, possibly indefinitely, and the determination of a true maximum stress becomes a matter of great difficulty.

Jan 1, 1939

By Daniel Hanson

FoR most of their practical applications metals are required to withstand stresses of appreciable magnitude: indeed, it id because they possess the quality of resisting stress without becoming permanently deformed that they find such extensive use in the service of man. Metals and alloys must, in service, usually behave as elastic substances—or nearly so. It is not difficult to satisfy this condition at ordinary temperatures. Iron and its alloys, especially the steels, are at normal temperatures excellent elastic bodies, capable of satisfying most of the mechanical requirements of the engineer: where electrical, chemical or other properties are impor-tant, which cannot be met by steels, it is usually possible to find a non-ferrous alloy such as nickel, copper or aluminum, which will prove satisfactory. When the metals or alloys are not inherently sufficiently elastic, cold-working or heat-treatment may develop elastic properties to a sufficient extent for practical needs. By means of relatively simple, rapid tests we can measure such properties as elastic modulus, limit of proportionality and proof stress, upon which design can be based with confidence. The case of the soft metals, such as lead and tin, is well known to be exceptional. They possess no definite limit of elasticity, and the value of proof stress or tensile strength depends to a great extent on the speed with which the test is carried out. Design here must be based on other considerations than a well-established theory of the proportionality of stress and strain. It is now generally recognized that steels and non-ferrous alloys possess at temperatures not greatly exceeding that of the atmosphere, characteristics quite different from those existing at ordinary temperatures, and that they assume qualities similar to those of the soft metals. Not only have they no limit of elasticity, but the proof stress and the ultimate stress depend on the time of application of the load. Flow under load may persist for long periods of time, possibly indefinitely, and the determination of a true maximum stress becomes a matter of great difficulty.

Jan 1, 1939

By W. A. Hutchins

Water laws important to the mining industry are those which govern or affect the right to use water, to dispose of water after using it in mining or milling, and to discharge waste material into watercourses. They include statutes and court decisions having general applicability, as well as others that pertain specifically to mining. THE INDUSTRY'S CONTRIBUTION TO WESTERN WATER LAW Despite sharp differences of opinion, the water law the Spaniards brought to the Southwest appears to have included some form of appropriation of water. The Mormons, who settled in Utah in the mid-nineteenth century, also developed a system of appro-priative water titles. But by far the most profound impact on western water law was made by the gold-seekers who flocked to the Sierra Nevada foothills of California after the discovery of gold in 1848. Much of the gold was extracted from the ground by hydraulic or placer mining, and so the miners' rights to the use of water became fundamentally important. Since there was no organized government in the foothills and no laws other than those made by the miners, they helped themselves to the land, the gold, and the water needed to work their claims.1 They established and enforced regulations governing the acquirement and holding of mining claims and their rights to the water they needed.' In 1879 Justice Field, former Chief Justice of the California Supreme Court, spoke for the U. S. Supreme Court in saying that the miners were "emphatically the law-makers, as respects mining, upon the public lands in the State."" Rules of the California mining camps were based on two essential principles: 1) priority in discovering claims and appropriating water by diverting it from streams and putting it to use, and 2) diligence in working claims and applying water in mining. The customs so developed, which were copied in mining areas of other states and territories, were enacted into law in one western jurisdiction after another. They form the basis of what is called the arid-region doctrine of prior appropriation of water, which received the attention of Congress in legislation recognizing and protecting appropriations of water for mining, agriculture, and other purposes on the public domain.' In several western states a great number of water cases decided in the early years involved relative rights to the use of water for mining purposes or for milling connected with mining." The miner's inch, the customary unit for measuring water in the mining camps, is still used in various western communities, although its relation to the cubic foot per second varies from one area to another. Undoubtedly, the miners of a century ago made the major contribution to the appropriation doctrine as it is now recognized and applied throughout the West. What inspired the California gold-seekers to develop these principles? Thoughtful writers have pointed out that their regulations and customs were strikingly characteristic of much earlier mining enterprises in the Old World.D It is said that the right of free mining and free use of flowing water therefor —so similar to the California conditions and practices—-was a part of the customs of Germanic miners in the Middle Ages, that it spread from middle Europe to other countries and colonies, and that the doctrine of prior appropriation was widespread in the important mining regions of the world. Certainly the Forty-niners came to California from many countries. It does not tax the imagination to consider that they may have brought with them some knowledge of the old Germanic customs and applied this knowledge in their new environment. RIGHTS TO USE OF WATER IN GENERAL In the West, rights to the use of water of watercourses fall into two categories—appropriative and riparian. The doctrine of prior appropriation is recognized in each of the 17 western states. The riparian doctrine is recognized concurrently with the appropriation doctrine in some of these states but has been abrogated in the others. The riparian doctrine prevails generally throughout the East, although there is now considerable interest in developing something else. Generally speaking, the appropriation doctrine has been highly developed in the West, whereas the principles of riparian doctrine have been comprehensively established in only a few states throughout the country. The subject of water rights is a big one. Space permits no more than a brief discussion of aspects that bear upon the title of this article. RIGHTS OF PRIOR APPROPRIATION Fundamental to the doctrine of prior appropriation is the principle first in time, first in right. Although in some states there are statutory exceptions. the original and still generally prevailing rule is that the first one who initiates a right to divert and use water of a stream, and who completes his undertaking with reasonable diligence, acquires thereby the first right of appropriation of the specific quantity of water involved. Each succeeding right in point of time is junior to all earlier rights but senior to all later ones. The practical effect of this priority system is that when the water supply is not enough for all, the earliest rights must be fully satisfied before any water may be taken by those later in time. Acquirement of Appropriative Rights: Each of the 17 western states has a statute under which water may be appropriated pursuant to a prescribed procedure. Generally, the first step to be taken by the intending appropriator is to file application in the office of the State Engineer for a permit to make the appropriation. In most but not a11 states, valid ap-

Jan 1, 1961

By AIME AIME

NO FEATURE of the annual meeting is considered more important at Institute headquarters than the assembly of delegates from the various local sections and divisions. There the president of the Institute and other officials may learn at first hand what the members are thinking and doing in every part of the country, and the delegates, in turn, may find that head- quarters is not a group of more or less cold-blooded New Yorkers whose primary function is to send out annual bills for $15. This year, the section and division delegates required three sessions to thresh out the matters of common interest: Monday morning and afternoon and Thursday afternoon. They were also guests of the Institute at the Directors' dinner on Tuesday night, and at the Directors' meeting afterward.

Jan 1, 1932

By George W. Maynard

IN the biographical notice of Thomas F. Witherbee, published in Bulletin No. 32, August, 1909 (p. xxv), it is said that ". he is believed to have been the first manager in America to use the chemical laboratory for the purpose of controlling the regular running of the blast-furnace." Since the year is not given, I cannot decide as. to Mr. Witherbee's priority; but the statement leads me to contribute a bit of history, showing an early departure from the "rule-of-thumb " blast-furnace work to the employment of a chemist. In the autumn of 1868 the department of mining and metallurgy was established at the Rensselaer Polytechnic Institute. In connection with the assay-department a laboratory was equipped for making general commercial analyses. In January, 1869, Alexander L. Holley, the manager and builder of the Bessemer plant at the Rensselaer Works of John A. Griswold & Co., the first plant erected in the United¬States under the Bessemer patents, began to send me samples of ore, pig-iron, and steel for analysis. Early in 1869 I was regularly retained as chemist for the Rensselaer Works; and while the laboratory was not located at the works, for all practical purposes it was the works-laboratory. The increase in work soon made it necessary for me to secure an assistant. I applied to Prof. Charles F. Chandler, who recommended Dr. August Wendel, who had been an assistant of Rammelsberg and had lately landed in New York. Dr. Wendel remained with me until 1873, when I left Troy. My leaving made necessary the erection of a laboratory at the Rensselaer Works, which, was done under my supervision, and Dr. Wendel was employed as chemist. During the period from 1868 to 1873 my work as consulting mining engineer frequently called me to the Lake Champlain

Nov 1, 1909