The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1892-02-12

loose and there being very good and sufficient
bedrock The facilities for dumping the debris
from the tract are shown TO be excellent, the
elevation of the bed of the Gallagher gulch
being at least 1s5 feet above the level of Puget
sound, which is distant from the tract about
one and a half miles. II Is alleged that
abundant supply of water can be secured at
moderate expense from the Puyallup river,
something over two miles distant. by the aid of
pumping machinery, reservoirs, etc.
the witnesses in behalf OF the state allege
that the tract is comparatively level, with the
exception of that portion traversed by the Gal
lagher gulch A great abundance of reliable
evidence is introduced to the effect that the en-
tire tract is fairly good agricultural land, and
could be proitaby cultivated by the ordinary
methods, and that owing thereto and to its loca-
ton near the city OF Tacoma, where a market
for the product could be secured, it is reason
ably worth $50 an acre for agricultural pur-
poses. 1t is alleged that the trae. is Of gravel
ly formation, intermixed with clay, ETC., and
that ii is very similar to large portion OF the
lands of Western Washington, and especially in
the county OF Pierce (where this lend lies), the
city OF Tacoma being located on a similar for
nation. The tract is shown to be worth at least
100000 for the purposes OF city residence prop
erty, as it adjons said city, in desirable local
ity, with streets graded nearly TO the tract,
street railways and electric light works con-
structcd and in operation in the immediate vi
cinity OF the tract. etc. Many experienced
miners who appeared in behalf of the state pros
pected the claim quite thoroughly. and basing
their opinion on experience received in placer
mining elsewhere, are all very positive that the
tract in question could not be profitably mined,
but that IL is entirely worthless for mining pur-
poses. They found small particles of gold in
various places on the tract, but not in paying
quantities under any circumstances. They
allege that the gold which they found was in
t,pfau Ill f.la @f
even though 1t existed in a greater amount it
could not be profitably mined. In several places
in the tunnels constructed by Mcbride and
along the gulch, in some pans OF dirt they found
an unusual number of colors of gold.
Much testimony is introduced to the effect
that there gre evidences that gold has been ar
tifcially Inserted in the tract in various places,
in the tunnels made by applicant and along the
gulch. An unusual number of gun shots were
heard in the vicinity of this tract or on the
tract during the spring and summer preceding
this hearing; the scent of gunpowder
existed when the soil was disturbed in places,
and the existence of an unusual number OF
colors OF gold found in pockets, and the appear
ance of such gold induced the belief, in tho
minds of states witnesses, that the tract had
been ''salted." The commissioners of Pierce
county, in order that the examination of the
tract might be the most thorough and complete
possible, sunk shaft, and the material taken
therefrom was carefully prospected, but only
an occasional color OF gold was found therein.
1t is the opinion of the mining experts, appear
ing for the state, that the bed rock existing on
the tract is very inferior in quality and not
adapted to the purposes of placer or hydraulic
mining. The dumping facilities are alleged TO
be very inadequate. 1t is shown that the iume
would necessarily have to be constructed
through thickly populated and well improved
portion of the city OF Tacoma, and it would be
entirely impossible to construct it with the
prope: fall without interfering with various
streets and other improvements. 1t is also
stated that the necessary supply of water for
operating this alleged mine could not be secured
except by bringing the same from Puyallup
river, over two miles distant by the use Of pump
ing machinery, pipes, etc, and that the cost of
same would be very great.
In the case of Caledonia Mining Company VS..
Rowen G. l.. D., 7l4l, the honorable secretary
holds that when lands have been returned
agricultural, the burden of proof is on the one
denying their prima fGcie character. In this
case, therefore, the burden of proof is on the
applicant, and We are of opinion that he has
not shown, by preponderance of evidence,
that the tract is valuable for mining purposes.
On the contrary, after thorough consideration
of the testimony, we are convinced that the
tract is entirely vaiueless as a mining claim.
The tract, undoubtedly, contains particles of
gold in small quantities, but the testimony in
this shows that gold in greater or less
quantity can be found in nearly any gravel
formation in Western Washington, and that the
tract in controversy is probably very little richer
in mineral than many thousands of acres of
similar lands in this state. The honorable Sec
rotary, in the case of Cutting VS.. Reininghaus
ct al e L. D.. 265). states that. 'The mere fact