The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-01-15

located in the southern part of this city,
may be taken up SIS mineral claim, from
which the following are extracts, the de-
cision being addressed to the register and
receiver of the land Office AZ Olympia:
The question as to the proximity OF the land
TO the city OF Tacoma and its present or pros
pect,ye value for town lots cut no figure in this
proceeding: therefore 10 comparison on this
point will be drawn. Counsel for the state
seem to labor under the impression that claim
ant must show that the land Is more valuable
for its deposits OF mineral than for townsite or
any other purpose, in order to defeat the grant
to the state: this is erroneous, the townsits
value being immaterisl, Irrelevant and entitled
to little no weight
Counsel for Mcbride contends that tho burden
OF proof is upon the state. that the deputy min
eral surveyors report that the claim is mineral
Offsets the agricu itural return by the surveyor
general aud shifts the burden of proof. ] an
not prepared to assent to this contention; the
contrary, the protest offered by the state aleg-
ing the land to be agricultural offsets the deputy
mineral surveyors report, thereby leaving the
surveyor generals return in full force, in which
event the burden of proof is not shifted. but is
on the party traversing said return, which in
the case at bar is the mineral applicant
some OF the tests made by the state showed
great many colors; owing TO this and the fact
that claimants witnesses found such good pros
pects an effort WAS made to show that the gold
had been put in the ground by hand for the pur-
pose OF being found or, In other words, that the
ground had been "sal,ed," thereby perpetrating
fraud. In order to establish such charge the
evidence must be clear and convincing Fraud
is never 10 be presumed, but must always be
tabiished BY proof sufficient TO satisfy the con-
science Of the court In this the evidence
OF sailing is very slight, and the charge must
fail.
1t is shown by the evidence that this mine can
De operated by pumping water from the Puyal-
iup river, about two miiss distant, and carrying
the water, gravel and debris by sluice boxes 10
the tidewater fats OF Commencement bay, dis
lance o! not over one and oue-haif miles. These
flats are nearly 200 feet below the bottom of the
guch on this claim, thus affording ample fall
for running Off the debris. as has been clearly
demonstrated. II is shown that these flats in
their present condition are almost useless; that,
owing 10 the great depth of water alongside,
vessels are unable to procure anchorage; also,
that it is the desire of the authorities 70 have
these detects rsmeded and thus render this
point available as a harbor, which can only be
done by the OF vast quantities of
earth, for which, doubt. they
would be glad to pay so much per cubic yard.
The state Introduces considerable evidence As
to the impracticabiiity OF bringing water upon
this claim and conducting the de1ris to the
dump, all OF which is overcome By claimant.
1t is true that actual bed ock is not found on
this claim, but very good substitute therefor,
IN sluicing and hydraulic mining, exists
thereon, consisting Of the formation or stratum
OF blue clay cement SO hard a. To require blast
ing To penetrate ii, and perfectly lmpervious TO
cir or water. This formation is in all'res poets
sufficient bedrock ior the proper working
OF this claim. No actual mining operations
have been regularly conducted this claim,
due, probably, TO the fact that the existence of
valuable minerals thereon had but recently
been known, discovery and location not having
been ma ie until the latter part Of 1889.
The state attempts TO show that gold can only
be found in the main gulch known as CALI
gher's gulch. and that mineral does not exist in
any other portion of this claim. This was thor
oughiy disproven by claimants witnesses, who
testified to finding good prospects in another
gulch on this claim and on the plateau or high
ground. The testimony of the state is of mega
tive character while that of the claimant. is
Affirmative and positive. Therefore the latter is
entitled to the greater weight
In summing up the case / am constrained 10
hold that the preponderauce of evidence shows
that the and Ia controversy was. at the date OF
the admission OF the state, Snown TO bear gold
that SIS present fact IL exists there in paying
quantities, and that water and convenient
dump, with suffi cient fall. can DO secured TO
successfully work the claim by the usual
method; also that presen, fact it is OF little
or no present value for agricu turai or horti-
cultural purposes. Therefore the land did not
pass 10 the state, but is excepted from the grant
and subject TO dis posal under the mining laws,
thus reversing your decision.
Tacoma citizens who have watched the
case ridIcule the idea that Mr. Mcbride
will ever secure the property. The case
will be appealed by the state. For resi-
dence purposes the property is valued at
about $500 600.