Volume 26 (1873) (431 pages)

54 MINING AND SCIENTIFIC PRESS. [January 25, 1873. Mineral Land Decision. Pre-emption Claims not Good Against Subsequent Mining Discoveries. A decision of wide scope and great importance has just been rendered by the Acting Secretary of the Interior, on an appeal from the Sacramsnto Land Distriot, involving ths validity of a pre-emption claim to land thus settled upon hefore the approval of the Act of July 26, 1866, but subsequently discoversd to be mineral. The regular Washington correspondent of the Bulletin writss as follows to that paper: The following correspondenoe exhibits ths full nature of the oontroversy and ths reason on which the decision of ths departmsnt has beon based: DEPARTMENT OF THE INTERIOR, GENERAL Lanp Orrior, August 6, 1872. Register and Receiver, Sacramento, Cal. Gunrtemen: The papers and tsstimoay submitted with your lettsr of Juns 17th, 1872, havs besn examined. The only question pressnted is in regard to ths mineral or non-mineral charactsr of ths South West quarter of the South Wsst quarter of Section 31, T. 10 W., BR. 10 E., and the N. W. 4% of the N. W. ¥ of Section 6, T. 9 W. R. 10 E., Mount Diablo Meridian. On the 21st of December, 1870, Ekin Smith filed D. S. No. 2,282, upon lot 20f N. W. 4, and lots 3and 4 of the S. W. ¥, of See. 31, I, 10 N. B., 10 E, and lot 4 of N. W. 14, See 6. I, 9N., R.10E., Mt. Diablo, Meridiau. On the 12th of Julv, 1871, Thomas Stewart filed in your office an affidavit alleging ths mineral character of ths S. W. quarter of ths S. W. ¥{ of said Section 31, and the N. W, 4 of the N. W. 4 of said Sec. 6. You fixed upon the 24th of October, 1871, as the day of hearing, and cited said Stewart to appear and offer proof as to the character of said land. Upon the evidence submitted at said hearing, you decided first, that the land indisputeisagricultural; and, second, that the pre-emption claimant, Ekin Smith, was settled upon tho land, and had acquired a pre-emption rivht thereto ‘prior to the passage of the Act of Congress, entitled ‘‘ an Act granting the right of way,”’ etc., approved July 26, 1866; that down to the time of the passage of said Act of Congress, no valuable mine had been discovered on said land; that said claimant has continuously resided upon and cultivated and improved said land since his first settlement, and complied with all the provisions of the pre-emption laws; and that therefore he would be entitled to enter said land, even though a mine had beeu discovered thereon since the passage of said Act of Congress above referred to. Iu support of this decision you refer to the 10th section of the Act of July %6, 1866, and state that the law says ‘“‘that whenever, prior to the passage of thisAct, * * * there have been homesteads made, etc., * * upon lands upon which there have been no valuable mines discovered, the settlers shall have aright of pre-emption thereto.” Upon a careful examination of the evidence, this office is of the opinion that the testimony taken at said hearing establishes the mineral character of the land in dispute, and this portion of your decision is therefore reversed. x The 10th section of the Act of Congress, approved July 26, 1866, was not correctly quoted iu your decision, and the conclusions which you arrived at are not correct nor in accordance with the law itself. The 10th section of said Act reads: ‘* That whenever priur to the passage of this Act, upon the lauds heretofore designated as mineral lands which have been excluded from survey and sale, there have bsen homesteads made by citizens of the Uuited States, or persons who have declared their intentiouto become citiz-ns, which homesteads bave been made, improved and used toragricuitural purposes, and upon which there have been uo yaluabls mines of gold, s1!ver, clunabar, or copper discovered, and which are properly ayricultur.} lands. Said settlers or owners of such homesteads, shall have a right of pre-emptiou thereto,” ete.; und the eleventh section of said Act declares ‘That upon the survey of the lands uforesaid, the Secretary of the Interior may designate and set apart such portious of the said lands as are clearly agricultural lands, which lands shall thereafter be subject to pre-emption and sale as ne marie ae of tue United States, and ‘subject to all the laws and regulations icable to the same.” S ee It 1s clear trom the language of this statute that Congress did not intend to abolish or do away with the distinction betweeu mineral and agricuitural lands, or to allow mineral lands to be clussed and disposed of as azricultural; but it simply providesthut the publicsurveys might bs exteuded over aregiun that was so clearly mineral in character that it had previous to the passage of said Act of Congress been reserved for mineral purposes and that such tracts as should appear to be properly and clearly agricultural might be disposed of under the laws applicable tu agricultural lands. Said section gives no rights, in other words to agricultnral claimants, exoept to such lands as are clearly and properly agricultural. If the theory advocated by you in said decision was to be received as the proper construction of said Act of Congress of July 26, 1866, the law would be a nullity, and patents could only issue for such miming claims as had beeu discovered prior to July 26, 1866. ‘This portion of your decision isalso reversed. You will inform all parties in interest of this decision, allowing sixty days from the date of your notification in which an appeal may bs taken to the Hon. Secretary of the Interior. Please acknowledgs ths receipt hsreof. Wiis Droummonp, Commissioner. Letter From the Acting Secretary of the Interfor— Commisstoner Drummond’s Decision Affirmed. DEPaRTMENT OF THE INTERIOR Wasunineton, D. C., Decembsr 17, 1872. Hon. Willis Drummond, Commissioner General Land Office: Srr—I have examined ths case of Ekin Smith ys. Absolom Stswart, involving the right of said Smith to enter under ths pre-emption law, as agricultural land, the southwsst qnarter of the southwest quarter section 31, T. 10. N. R 10 E., and northwest quarter ‘of northwest quarter section 6, T. 9. N. R. 10, E. M. D. M., California, on appeal from your decision of August 6, 1872 Two questions are presented on appsal: One relating to ths character of the land claimed; ths other calling for a constructionof ths tenth section of ths Mineral Act of July 26, 1866 (14 Statute, 253), on both of which questions your decisiou was adverse to the pre-emption claimant. After a careful revisw of the voluminous testimony taken before the local officers, J am satisfied that the landin controversy is mineral in character and shonld bs hsld for disposition onder the Mining Statutes. It is claimed on behalf of the pre-emption claimant that the 10th section of the Act of 1866 gavs to qualified persons who had prior to the passage of said Act mads homesteads on lands theretofore designated as mineral and excluded from survey and sale, a right of pre-emption or homestead therein, unless before the passage of said Act valuable mines of gold, silver, cinnabar or copper, had been discovered therson, and further, that the subseqent discovery of such mines did not affect the right of pre-emption or homestead thus acquired. J fully agree with you that this is not the proper constructiou to be given to the Act referred to. Cougress did not, I think, intend in this Act to do away with well established distinction, so long recognized by legislation, between agricultural and mineral lands, or to allow landsactually mineral tobe acquired under agricultural laws. I think the object of the tenth section was to give to persons who had in good faith, made agricultural settlement on public land theretofore designated as mineral, but subsequently to be agricultural, a preference in pre-empting or entering the land as homesteads over those admitted to similar right by the eleventh section. The department has heretofore given this construction to the Act in question by approviug your instructions of December 2d and 7th, 1871, and March 20, 1872, to the Register aud Receiver at Stockton, California, direoting the witbdrawal from disposition, under agricultural laws, of certain lands theretofore classed as agricnltural, until the nou-mineral character of the same should be affirmatively established. I therefore affirm your decision, and return herewith the papers transmitted with your letter of the 26th ultimo. Very respectfully, B. R. Cowen, Acting Secretary. Another Important Dectsion—Local Errors of Record do not Vitiate Selections of Land Actually Made by the State Under ths Internal Improvement Act. The Secretary of the Interior to-day decided in a case appealed from Solano county, California, that the right of the State attached toa certain ‘‘selection ’’ made in Decemher, 1853, under the Internal Improvement Act and was not impaired by the failure of the Register to transmit a proper record of the selection to the General Land Office. SincuLaR Stonx.—The Sacramento Union describes a curiosity found in a bed of gravel in that city, fourteen feet below the surface, while the discoverer was digztug awell. Itis composed of rock, hard a» tlint, dark green in color, with white specks, perfectly round and smootb, a out3%inchesinIenyth, about aninchin dianeutin the ecuter, aud tapering toa point at either cad. About half an inch irom one end a hole has been drilled through it and a groove cut from the hole around the end of the stone, as if it was Intended to pass a line through the hole and suspend the stune by it. The rock, however, is so excessively hard that it is almost impossible to scraich il, 1nd the question therefore arises as to what sort of an instrument the aboligine that did the drilling — whioh was probably performed hundreds of years ago— used. A Mr.Jenzms, of Atchison, Kansas, has patented a new method of tempering steel. The Champion says in regard to it: ‘‘After heating a piece of steel to a white heat, and putting it in the tempering box, every ordinary attempt to break it was unavailing, while on the other hand, a piece of the same material, tempered in the ordinary way, and with the same effort to break it, was shivered in a dozen piecss.’’ Mr. Jenkins has also patented a new method of working serap-iron into certain manufactured articles; at a saving, itis claimed, of about 50 per cent. to the manutacturer, A COPPER Vacuum pan was recently constructed for an English sugar refinery costing £2,500, and being twelve aud one half feet in diameter and thirteen feet deep. Init twenty-seven tons of moist sugar could be boiled in two and one half hours. Tar Cambria Iron Company has opened a nigbt-school in the Third ward, Johnstown, Pa., for the education of boys who are employed at work inthe mines. A noble work, and one that should be imitated everywhere. The Curious in Nature. In prsvious numhsrs of ths Press we have, from time to tims, givsn illustrations and short bits of natural history sstting forth the peculiar traits or habits of instinct or reason, call it what we will, of some of the smallsr of the animal creation, whsreby they are enabled to construct their psculiar habitations or provids themselves with food in some remarkable manner. We have given the ant-lion; ants at homs; carpsnter-bee; tailor-bird, ete., and now we continne the series by introducing a short history of the Archer Fish. This littls fish, ssldom sxceeding six inches in Isngth, is known to naturalists asthe Texotes jaculator, found in some of the fresh waters of Java and a fsw of ths other India islands. Its appearance wonld indicate nothing rsmarkabls except a slight peculiarity of form, compared with most fishes. Bnt that which gives it peculiar interest is the manner it procures its food. It lives upon flies and othsr winged insects that swarm among the aquatic plants of the waters it inhahits. Instead of leaping from the water for its prey, which few fish can do to more than once or twice their length above the surfacs, this littlo‘artillerist brings its mouth only to the surface and there ejects orshoots, a single drop of water from its throat and mouth, with unerring aim, and with such force as to disable and knock down into the water any fly or insect that—as a sportsman would say—‘‘it draws a bead on,” when it heoomes an easy prey. The artillerist—for this is a more appropriate name than archer, as it uses neither bow THE ARCHER, nor arrow—is easily domesticated and seems to delight in showing its powers, for which reason itis often kept as a pet, in large open vases, and loses no opportunity in throwing its ehot at any unfortunate fly presenting itself, or forced within its reach; its aim is almost unerring at any distance less than three feet, and the effect perfectly stunning. Biowpipe Analysis for Practical Men. A very useful soheme for the qualitative determination of substances by the blowpipe has been arranged by Prof. T. Ecueston, M. E., of Columbia College School of Mines, New York, aud published in the Americon Chemist. He states that iu the course of his instructiou iu blowpipe-analysis he formerly found great difficulty in teaching the students how to distinguish with certainty the substances contained in a mixture of four or five ingredients, more particularly when the most of these were metals. The old routine method of examiuation on charcoal, then in the closed and open tube, etc., answered very well when not more than one or two metals were present, but did not seem to answer in the hands of beginners when they came to examine alloys of complex composition. For a long time he was convinced that it was quite useless to expect of a student that he shonld be able, without extended practice, todetermine qualitatively, the composition of a very complex substance. It finally suggested itself to him that a plan similar to the one used in certain qnantitative assays would answer for the general outline of qualitative work. He, therefore, prepared a provisional scheme, which, in order to test, he gave to students to-work with. The result of this scheme convinced him that it was possible so to arrange one as to make it applicable to almost any compound, either natnral or artificial, which could be met with in ordinary working. He therefore drew up a carefully prepared scheme, which he modified from time to time, as cireumstances were suggested by its use in the Blowpipe Laboratory. The result was such that, after afew months’ practice, he felt no hesitancy in giving to the students at their final examination mixtures containing 21 substances, one of which contained 12 different substances to be determined. This scheme, with some slight modifications, is the one which he is at present using, It has been in constant use for three years, and has effected an entire change in the working of the laboratory, the students finding great pleasure in what was before a subject of constant uncertuiuty. He has published it in hope that it may help to make the use of the blowpipe in the determination of mixtures less difficult than it appears to bs when it is approacbed without soms snch guide. He aoknowledges in the prsparation of the scheme the valuable suggestions of his two assistants, Mr. J. H. Caswell, and H. B. Cornwall, M.E. Ths substancs may contain— As. Se Cu Pb Au Cd Br §i0? Sb. Fs Co Bi Hg SI I No S. Mn Ni Ag Zn Ci Co? Ho, eto. 1. Treat on charcoal in the oxidising flame to find volatile substancss, such as arsenic, antimony, sulphur, selenium, lead, bismnth, silver, zinc, oadminm, ete. (p. 86, et seq.) a.—If there be volatile aubstances present, form a coating, and test it with microcosmio salt and tin on charcoal for antimony (p. 99) or Boge eae bstween lead and bismuth (p, 6. — If thsrs bs no yolatile substancss pressnt, divide a part of the substance into three portions and procsed as in A. a@.—Yellow coat, yielding witb microcoemic salt a black bead, disappearing witb blue flame, no part of it yielding green Sb. flams, indicatee--Pb. and Bi. b.—Yeliow coat. generally witb white border, yielding black or grey bead, witb microcoamic salt disappearing witb blue flame; aleo the border disappearing witb green flame indicatee—Pb, and Sb, ¢.—Yellow coat, very eimilar to 6, but yielding no blue flame, indicates—Bi, and Sb. 2.—IF ARSENIO, ANTIMONY, SULPHUR, OF SELENrumM be prssent, roast a lave quantity thoronghly on charcoal (p.77). Divide the snbstance into thres portions and procsed as in A. A.—TreaTMent oF THE First Portion. Dissolvs a very small quantity in borax on platinum wire in the ordinary flame and observe the eolor produced. Various colors will be formsd by the combination of the oxides. Saturats the bead and shaks it off into ths porcelain dish; repsat this once or twics (p. 79). a.—Treat these beads on charcoal with a small piece of lead, silver or gold, in a strong reducing flame (p. 113). b.—IRON, MANGANESE, OoBALT, etc., remain in the bead (p. 115). It the bead epread ont on charcoal, it must be collected to a globule by continued blowing. Make a borax bead on platinum wire, and djasolve in it some of the fragmenta of the bead, reeerving tbe reet for accidenta. ¢.—NICKEL, COPPER, SILVER, GOLD, TIN, LEAD, and RisMOTH are reduced and collected by the lead-button (p. 115). Remove tbe lead button from the bead while bot, or by breaking tbe latter, when cold, on the anvil, between paper, carefully preserving all the fragmente. d.—If coranT be present, the bead will be hlue. If a large amount of raon be present, add a little borax to prove the presence or abeence of COBALT (p. 222). If MANGANESE be present, the bead when treated on plattnum wire in tbe oxidieing flame will become dark violet or black, e.—If no conaxt be present, the bead will be almost colorless. Look bere for Cr, Ti, Mo, U, W, V and Ta. f.—Treat the button ¢ on charcoal in the oxidising flame until all the lead, etc., is driven off; NICKEL, COPPER, SILVER, GOLD remaining behind, or separate the lead with boracic acid (p. 442). g.—Treat the residue g on charcoal in oxidising flame with microcosmic salt bead, removing the button while the bead is hot. h.—lIf NICKEL AND coppEE be present, the bead will be green when cold (p. 292). If NICKEL only--yellow. If copper only—blue. Prove copper by treating with tin on charcoal in the reducing flame (p. 293). i.—For smuver and gold, make the special test No. 8. B.—TResTMENT OF THE SECOND Portion. Drive off the volatile substances in the oxidising flame on charecal. Treat with the reducing flame, or mix with soda, and then treat with the reducing flame for zinc, capmiuM and tin, If a white coating be formed, test with cobalt solution (pp. 251, 256, 276). C.—TREATMENT OF THE THIRD PoRTIon. Dissolve some of the substance in microcosmic salt on platinum wire in the oxidising flame, observing whether Si O’ he present or not, and test for MANGANESE with nitrate of potassa (p. 210). 3.—Test for ansENIC with soda on charooal in the reducing flame, or with dry soda in a closed tube (p. 345, et. seq). 4.—Dissolve in microcosmic salt on platinum wire in the oxidising flame (if the substance he not and do not contain any sulphur) and test for antimony on charcoal, with tin iu the reducing flame (p.99). 5.—Test for sELENIUM on charcoal (p. 368). 6.—In absence of selenium fuse with soda in the reducing flame, and test for suLpHUR on silverfoil (p. 865). In presence of selenium test for eupaue in open tuhe (p. 366). 7.—Test for MERCURY with dry sodain a closed tnbe (p. 304). 8.—Mix some of the substance with assay Jead and borax glass and fuse on charcoal in the reducing flame (p 401). Cnpel the lead hntton for stuver (p. 407). Test with nitrio acid for GOLD p. 320). 9.—Test for CHLORINE, BRosINE and IoDINE, with a bead of microcosmic salt saturated with oxide of copper. 10.—Test for Cl. or Br with bisalphate of potassa (p. 374). 11.—Test for HO inaclosed tube (p. 353).—Test on platinum wire or in platinum pointed forceps for coloration of the flame (p. 72, ef seg.). 138,—~ Test for CO? with hydrocblorio acid (p. 360). 14.—Test for NO5 with hisnlphate of potassa (p. 354). 15.—Test for retnuR1vM in an open tube (p. 351), The numbers refer in all cases to Professor Cornwall's translation of the last German edition of Plattner’s work. In the above the the metals to be sought for are printed in smaLu caprrazs, the heavier and dotted letters being inconvenient for use in newspapers,

54 MINING AND SCIENTIFIC PRESS. [January 25, 1873. Mineral Land Decision. Pre-emption Claims not Good Against Subsequent Mining Discoveries. A decision of wide scope and great importance has just been rendered by the Acting Secretary of the Interior, on an appeal from the Sacramsnto Land Distriot, involving ths validity of a pre-emption claim to land thus settled upon hefore the approval of the Act of July 26, 1866, but subsequently discoversd to be mineral. The regular Washington correspondent of the Bulletin writss as follows to that paper: The following correspondenoe exhibits ths full nature of the oontroversy and ths reason on which the decision of ths departmsnt has beon based: DEPARTMENT OF THE INTERIOR, GENERAL Lanp Orrior, August 6, 1872. Register and Receiver, Sacramento, Cal. Gunrtemen: The papers and tsstimoay submitted with your lettsr of Juns 17th, 1872, havs besn examined. The only question pressnted is in regard to ths mineral or non-mineral charactsr of ths South West quarter of the South Wsst quarter of Section 31, T. 10 W., BR. 10 E., and the N. W. 4% of the N. W. ¥ of Section 6, T. 9 W. R. 10 E., Mount Diablo Meridian. On the 21st of December, 1870, Ekin Smith filed D. S. No. 2,282, upon lot 20f N. W. 4, and lots 3and 4 of the S. W. ¥, of See. 31, I, 10 N. B., 10 E, and lot 4 of N. W. 14, See 6. I, 9N., R.10E., Mt. Diablo, Meridiau. On the 12th of Julv, 1871, Thomas Stewart filed in your office an affidavit alleging ths mineral character of ths S. W. quarter of ths S. W. ¥{ of said Section 31, and the N. W, 4 of the N. W. 4 of said Sec. 6. You fixed upon the 24th of October, 1871, as the day of hearing, and cited said Stewart to appear and offer proof as to the character of said land. Upon the evidence submitted at said hearing, you decided first, that the land indisputeisagricultural; and, second, that the pre-emption claimant, Ekin Smith, was settled upon tho land, and had acquired a pre-emption rivht thereto ‘prior to the passage of the Act of Congress, entitled ‘‘ an Act granting the right of way,”’ etc., approved July 26, 1866; that down to the time of the passage of said Act of Congress, no valuable mine had been discovered on said land; that said claimant has continuously resided upon and cultivated and improved said land since his first settlement, and complied with all the provisions of the pre-emption laws; and that therefore he would be entitled to enter said land, even though a mine had beeu discovered thereon since the passage of said Act of Congress above referred to. Iu support of this decision you refer to the 10th section of the Act of July %6, 1866, and state that the law says ‘“‘that whenever, prior to the passage of thisAct, * * * there have been homesteads made, etc., * * upon lands upon which there have been no valuable mines discovered, the settlers shall have aright of pre-emption thereto.” Upon a careful examination of the evidence, this office is of the opinion that the testimony taken at said hearing establishes the mineral character of the land in dispute, and this portion of your decision is therefore reversed. x The 10th section of the Act of Congress, approved July 26, 1866, was not correctly quoted iu your decision, and the conclusions which you arrived at are not correct nor in accordance with the law itself. The 10th section of said Act reads: ‘* That whenever priur to the passage of this Act, upon the lauds heretofore designated as mineral lands which have been excluded from survey and sale, there have bsen homesteads made by citizens of the Uuited States, or persons who have declared their intentiouto become citiz-ns, which homesteads bave been made, improved and used toragricuitural purposes, and upon which there have been uo yaluabls mines of gold, s1!ver, clunabar, or copper discovered, and which are properly ayricultur.} lands. Said settlers or owners of such homesteads, shall have a right of pre-emptiou thereto,” ete.; und the eleventh section of said Act declares ‘That upon the survey of the lands uforesaid, the Secretary of the Interior may designate and set apart such portious of the said lands as are clearly agricultural lands, which lands shall thereafter be subject to pre-emption and sale as ne marie ae of tue United States, and ‘subject to all the laws and regulations icable to the same.” S ee It 1s clear trom the language of this statute that Congress did not intend to abolish or do away with the distinction betweeu mineral and agricuitural lands, or to allow mineral lands to be clussed and disposed of as azricultural; but it simply providesthut the publicsurveys might bs exteuded over aregiun that was so clearly mineral in character that it had previous to the passage of said Act of Congress been reserved for mineral purposes and that such tracts as should appear to be properly and clearly agricultural might be disposed of under the laws applicable tu agricultural lands. Said section gives no rights, in other words to agricultnral claimants, exoept to such lands as are clearly and properly agricultural. If the theory advocated by you in said decision was to be received as the proper construction of said Act of Congress of July 26, 1866, the law would be a nullity, and patents could only issue for such miming claims as had beeu discovered prior to July 26, 1866. ‘This portion of your decision isalso reversed. You will inform all parties in interest of this decision, allowing sixty days from the date of your notification in which an appeal may bs taken to the Hon. Secretary of the Interior. Please acknowledgs ths receipt hsreof. Wiis Droummonp, Commissioner. Letter From the Acting Secretary of the Interfor— Commisstoner Drummond’s Decision Affirmed. DEPaRTMENT OF THE INTERIOR Wasunineton, D. C., Decembsr 17, 1872. Hon. Willis Drummond, Commissioner General Land Office: Srr—I have examined ths case of Ekin Smith ys. Absolom Stswart, involving the right of said Smith to enter under ths pre-emption law, as agricultural land, the southwsst qnarter of the southwest quarter section 31, T. 10. N. R 10 E., and northwest quarter ‘of northwest quarter section 6, T. 9. N. R. 10, E. M. D. M., California, on appeal from your decision of August 6, 1872 Two questions are presented on appsal: One relating to ths character of the land claimed; ths other calling for a constructionof ths tenth section of ths Mineral Act of July 26, 1866 (14 Statute, 253), on both of which questions your decisiou was adverse to the pre-emption claimant. After a careful revisw of the voluminous testimony taken before the local officers, J am satisfied that the landin controversy is mineral in character and shonld bs hsld for disposition onder the Mining Statutes. It is claimed on behalf of the pre-emption claimant that the 10th section of the Act of 1866 gavs to qualified persons who had prior to the passage of said Act mads homesteads on lands theretofore designated as mineral and excluded from survey and sale, a right of pre-emption or homestead therein, unless before the passage of said Act valuable mines of gold, silver, cinnabar or copper, had been discovered therson, and further, that the subseqent discovery of such mines did not affect the right of pre-emption or homestead thus acquired. J fully agree with you that this is not the proper constructiou to be given to the Act referred to. Cougress did not, I think, intend in this Act to do away with well established distinction, so long recognized by legislation, between agricultural and mineral lands, or to allow landsactually mineral tobe acquired under agricultural laws. I think the object of the tenth section was to give to persons who had in good faith, made agricultural settlement on public land theretofore designated as mineral, but subsequently to be agricultural, a preference in pre-empting or entering the land as homesteads over those admitted to similar right by the eleventh section. The department has heretofore given this construction to the Act in question by approviug your instructions of December 2d and 7th, 1871, and March 20, 1872, to the Register aud Receiver at Stockton, California, direoting the witbdrawal from disposition, under agricultural laws, of certain lands theretofore classed as agricnltural, until the nou-mineral character of the same should be affirmatively established. I therefore affirm your decision, and return herewith the papers transmitted with your letter of the 26th ultimo. Very respectfully, B. R. Cowen, Acting Secretary. Another Important Dectsion—Local Errors of Record do not Vitiate Selections of Land Actually Made by the State Under ths Internal Improvement Act. The Secretary of the Interior to-day decided in a case appealed from Solano county, California, that the right of the State attached toa certain ‘‘selection ’’ made in Decemher, 1853, under the Internal Improvement Act and was not impaired by the failure of the Register to transmit a proper record of the selection to the General Land Office. SincuLaR Stonx.—The Sacramento Union describes a curiosity found in a bed of gravel in that city, fourteen feet below the surface, while the discoverer was digztug awell. Itis composed of rock, hard a» tlint, dark green in color, with white specks, perfectly round and smootb, a out3%inchesinIenyth, about aninchin dianeutin the ecuter, aud tapering toa point at either cad. About half an inch irom one end a hole has been drilled through it and a groove cut from the hole around the end of the stone, as if it was Intended to pass a line through the hole and suspend the stune by it. The rock, however, is so excessively hard that it is almost impossible to scraich il, 1nd the question therefore arises as to what sort of an instrument the aboligine that did the drilling — whioh was probably performed hundreds of years ago— used. A Mr.Jenzms, of Atchison, Kansas, has patented a new method of tempering steel. The Champion says in regard to it: ‘‘After heating a piece of steel to a white heat, and putting it in the tempering box, every ordinary attempt to break it was unavailing, while on the other hand, a piece of the same material, tempered in the ordinary way, and with the same effort to break it, was shivered in a dozen piecss.’’ Mr. Jenkins has also patented a new method of working serap-iron into certain manufactured articles; at a saving, itis claimed, of about 50 per cent. to the manutacturer, A COPPER Vacuum pan was recently constructed for an English sugar refinery costing £2,500, and being twelve aud one half feet in diameter

and thirteen feet deep. Init twenty-seven tons of moist sugar could be boiled in two and one half hours. Tar Cambria Iron Company has opened a nigbt-school in the Third ward, Johnstown, Pa., for the education of boys who are employed at work inthe mines. A noble work, and one that should be imitated everywhere. The Curious in Nature. In prsvious numhsrs of ths Press we have, from time to tims, givsn illustrations and short bits of natural history sstting forth the peculiar traits or habits of instinct or reason, call it what we will, of some of the smallsr of the animal creation, whsreby they are enabled to construct their psculiar habitations or provids themselves with food in some remarkable manner. We have given the ant-lion; ants at homs; carpsnter-bee; tailor-bird, ete., and now we continne the series by introducing a short history of the Archer Fish. This littls fish, ssldom sxceeding six inches in Isngth, is known to naturalists asthe Texotes jaculator, found in some of the fresh waters of Java and a fsw of ths other India islands. Its appearance wonld indicate nothing rsmarkabls except a slight peculiarity of form, compared with most fishes. Bnt that which gives it peculiar interest is the manner it procures its food. It lives upon flies and othsr winged insects that swarm among the aquatic plants of the waters it inhahits. Instead of leaping from the water for its prey, which few fish can do to more than once or twice their length above the surfacs, this littlo‘artillerist brings its mouth only to the surface and there ejects orshoots, a single drop of water from its throat and mouth, with unerring aim, and with such force as to disable and knock down into the water any fly or insect that—as a sportsman would say—‘‘it draws a bead on,” when it heoomes an easy prey. The artillerist—for this is a more appropriate name than archer, as it uses neither bow THE ARCHER, nor arrow—is easily domesticated and seems to delight in showing its powers, for which reason itis often kept as a pet, in large open vases, and loses no opportunity in throwing its ehot at any unfortunate fly presenting itself, or forced within its reach; its aim is almost unerring at any distance less than three feet, and the effect perfectly stunning. Biowpipe Analysis for Practical Men. A very useful soheme for the qualitative determination of substances by the blowpipe has been arranged by Prof. T. Ecueston, M. E., of Columbia College School of Mines, New York, aud published in the Americon Chemist. He states that iu the course of his instructiou iu blowpipe-analysis he formerly found great difficulty in teaching the students how to distinguish with certainty the substances contained in a mixture of four or five ingredients, more particularly when the most of these were metals. The old routine method of examiuation on charcoal, then in the closed and open tube, etc., answered very well when not more than one or two metals were present, but did not seem to answer in the hands of beginners when they came to examine alloys of complex composition. For a long time he was convinced that it was quite useless to expect of a student that he shonld be able, without extended practice, todetermine qualitatively, the composition of a very complex substance. It finally suggested itself to him that a plan similar to the one used in certain qnantitative assays would answer for the general outline of qualitative work. He, therefore, prepared a provisional scheme, which, in order to test, he gave to students to-work with. The result of this scheme convinced him that it was possible so to arrange one as to make it applicable to almost any compound, either natnral or artificial, which could be met with in ordinary working. He therefore drew up a carefully prepared scheme, which he modified from time to time, as cireumstances were suggested by its use in the Blowpipe Laboratory. The result was such that, after afew months’ practice, he felt no hesitancy in giving to the students at their final examination mixtures containing 21 substances, one of which contained 12 different substances to be determined. This scheme, with some slight modifications, is the one which he is at present using, It has been in constant use for three years, and has effected an entire change in the working of the laboratory, the students finding great pleasure in what was before a subject of constant uncertuiuty. He has published it in hope that it may help to make the use of the blowpipe in the determination of mixtures less difficult than it appears to bs when it is approacbed without soms snch guide. He aoknowledges in the prsparation of the scheme the valuable suggestions of his two assistants, Mr. J. H. Caswell, and H. B. Cornwall, M.E. Ths substancs may contain— As. Se Cu Pb Au Cd Br §i0? Sb. Fs Co Bi Hg SI I No S.. Mn Ni Ag Zn Ci Co? Ho, eto. 1. Treat on charcoal in the oxidising flame to find volatile substancss, such as arsenic, antimony, sulphur, selenium, lead, bismnth, silver, zinc, oadminm, ete. (p. 86, et seq.) a.—If there be volatile aubstances present, form a coating, and test it with microcosmio salt and tin on charcoal for antimony (p. 99) or Boge eae bstween lead and bismuth (p, 6. — If thsrs bs no yolatile substancss pressnt, divide a part of the substance into three portions and procsed as in A. a@.—Yellow coat, yielding witb microcoemic salt a black bead, disappearing witb blue flame, no part of it yielding green Sb. flams, indicatee--Pb. and Bi. b.—Yeliow coat. generally witb white border, yielding black or grey bead, witb microcoamic salt disappearing witb blue flame; aleo the border disappearing witb green flame indicatee—Pb, and Sb, ¢.—Yellow coat, very eimilar to 6, but yielding no blue flame, indicates—Bi, and Sb. 2.—IF ARSENIO, ANTIMONY, SULPHUR, OF SELENrumM be prssent, roast a lave quantity thoronghly on charcoal (p.77). Divide the snbstance into thres portions and procsed as in A. A.—TreaTMent oF THE First Portion. Dissolvs a very small quantity in borax on platinum wire in the ordinary flame and observe the eolor produced. Various colors will be formsd by the combination of the oxides. Saturats the bead and shaks it off into ths porcelain dish; repsat this once or twics (p. 79). a.—Treat these beads on charcoal with a small piece of lead, silver or gold, in a strong reducing flame (p. 113). b.—IRON, MANGANESE, OoBALT, etc., remain in the bead (p. 115). It the bead epread ont on charcoal, it must be collected to a globule by continued blowing. Make a borax bead on platinum wire, and djasolve in it some of the fragmenta of the bead, reeerving tbe reet for accidenta. ¢.—NICKEL, COPPER, SILVER, GOLD, TIN, LEAD, and RisMOTH are reduced and collected by the lead-button (p. 115). Remove tbe lead button from the bead while bot, or by breaking tbe latter, when cold, on the anvil, between paper, carefully preserving all the fragmente. d.—If coranT be present, the bead will be hlue. If a large amount of raon be present, add a little borax to prove the presence or abeence of COBALT (p. 222). If MANGANESE be present, the bead when treated on plattnum wire in tbe oxidieing flame will become dark violet or black, e.—If no conaxt be present, the bead will be almost colorless. Look bere for Cr, Ti, Mo, U, W, V and Ta. f.—Treat the button ¢ on charcoal in the oxidising flame until all the lead, etc., is driven off; NICKEL, COPPER, SILVER, GOLD remaining behind, or separate the lead with boracic acid (p. 442). g.—Treat the residue g on charcoal in oxidising flame with microcosmic salt bead, removing the button while the bead is hot. h.—lIf NICKEL AND coppEE be present, the bead will be green when cold (p. 292). If NICKEL only--yellow. If copper only—blue. Prove copper by treating with tin on charcoal in the reducing flame (p. 293). i.—For smuver and gold, make the special test No. 8. B.—TResTMENT OF THE SECOND Portion. Drive off the volatile substances in the oxidising flame on charecal. Treat with the reducing flame, or mix with soda, and then treat with the reducing flame for zinc, capmiuM and tin, If a white coating be formed, test with cobalt solution (pp. 251, 256, 276). C.—TREATMENT OF THE THIRD PoRTIon. Dissolve some of the substance in microcosmic salt on platinum wire in the oxidising flame, observing whether Si O’ he present or not, and test for MANGANESE with nitrate of potassa (p. 210). 3.—Test for ansENIC with soda on charooal in the reducing flame, or with dry soda in a closed tube (p. 345, et. seq). 4.—Dissolve in microcosmic salt on platinum wire in the oxidising flame (if the substance he not and do not contain any sulphur) and test for antimony on charcoal, with tin iu the reducing flame (p.99). 5.—Test for sELENIUM on charcoal (p. 368). 6.—In absence of selenium fuse with soda in the reducing flame, and test for suLpHUR on silverfoil (p. 865). In presence of selenium test for eupaue in open tuhe (p. 366). 7.—Test for MERCURY with dry sodain a closed tnbe (p. 304). 8.—Mix some of the substance with assay Jead and borax glass and fuse on charcoal in the reducing flame (p 401). Cnpel the lead hntton for stuver (p. 407). Test with nitrio acid for GOLD p. 320). 9.—Test for CHLORINE, BRosINE and IoDINE, with a bead of microcosmic salt saturated with oxide of copper. 10.—Test for Cl. or Br with bisalphate of potassa (p. 374). 11.—Test for HO inaclosed tube (p. 353).—Test on platinum wire or in platinum pointed forceps for coloration of the flame (p. 72, ef seg.). 138,—~ Test for CO? with hydrocblorio acid (p. 360). 14.—Test for NO5 with hisnlphate of potassa (p. 354). 15.—Test for retnuR1vM in an open tube (p. 351), The numbers refer in all cases to Professor Cornwall's translation of the last German edition of Plattner’s work. In the above the the metals to be sought for are printed in smaLu caprrazs, the heavier and dotted letters being inconvenient for use in newspapers,