The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-11-18
Mcbride Declared the Owner
Of School Section 16.
OLYMPIA LAND OFFICE DECISION
The Federal Authorities Seem De-
termined TO Rob the State.
a Tract OF Land In Taeomn, Valuable
Only for kesiden Lots. Is Declared
to Be Mineral i-Bearipg-Ths state
VIII Appeal.

OLYMPIA. Nov. iT-Tspecial The opin-
Ion OF the register and receiver of the
Olympia land Office In the case OF the state
OF Washington VS.. John G. Mcbride, in
volying school section rs. in the ci,y of
Iseoms, which has grown very valuable.
was filed today. Under the direction of
the secretary of the interior this hearing
was held to decide the single question of
the value and extent Of tn. alleged mineral
deposits upon which Mcbride based his
right OF title TO the land. To establish
the mineral character of the land invesii-
CATION by experts had previously been
made. and their testimony tsken in the
land Office some time ago. The land off,
GERS considered the case under three heads:
fiFsf. the extent and value of the mineral
deposit in the land second. as TO salting
the land: third. the bona fides OF the claim
ant. Under the first head the evidence
was voiuminous and conflicting, the value
OF the deposit ranging from small per
cent. 10 1885 OF dollar per cubic yard.
In the lengthy decision of 400 words
much space is devoted to a review of the
testimony Of the many witnesses exam
ined. and the land officers are of the
opinion that the evidence shows that gold
existed in all SIX claims, and the only
question is as to the extent and value.
Though the state used extraordinary ef-
forts and has presented its side of the case
With painstaking attorneys. it has failed
to establish the fact that the land in
VOWED is non-mineral. Proceeding. the
opinion says:
1T is a well-known fact that though the
science OF geology has progresstd, yet the
element of chance has not been eliminated,
ana where number OF men may prospect
the same territory some may find pay dirt
while large number will fail, and in the
present case the state vas assiduously
looking for something that IL was not 10
its interest TO find, and while most of the
Investigations showed email results, yet
more or less gold was found, and - il not
probable that the small results in gold was
due TO chance or failure TO go deep enough
when the investigation showed richer de-
posits2 The fact that actual gold was
produced carried greater weight than the
opinion and theory OF the learned expert
for the state. The refusal by the state to
allow Mcbride and his witnesses to be
present at the investigation was in viola
lion of the secretary's instructions and
serious error"
As TO the salting of the mine by Mcbride,
the land office finds that testimony fails to
establish the tact. The state proceeds
upon the theory that it was possible for
the claimant TO commit fraud aud pro-
ceeds to attempt to sustain the theory.
The fact that different kinds of gold were
found on the claims does not prove salt
ing. for the reason that more than one
kind Of gold may be found in the same
gravel. If the theory of the state be cor
rect. that it is a deposit of glacial origin.
what Is more natural than that the deposit
should have been brought from several
mother lodes' The theory of DR.. KimbaIl
that there was only flamental gold pres
ent. and that said gold was from decom-
posed iron pyrites. is disproved by the fact
OF detrital gold being found in various por-
tons of the clnms that canno. be account
Ell for on that theory. and to hold 10 that
theory would necessitate the adoption of
the states theory of salting. aud the evil
dence produced on this point is not suffi-
cient TO raise suspicion. much less estab-
liSh the fact. The presence of quicksilver
is reasonably accounted for on the hypoth-
esls that IL is shown to have been freely
used In former prospecting and mining on
these claims The samples upon which
the state relies 10 establish saIting
are taken from its own line
OF tests and samples, and there
is not one scintitla OF evidence TO prove
that they have been tampered with by
Claimant, aud the presence of gold IN
rather unusual quantities Is the basis of
the states suspicion.
The land officers hold to the opinion
that the claimant has acted in good faith
in his endeavors TO perfect his title TO this
land under the miners laws of the United
states. The burden of proof being on the
state, IL should have shown by fair meth
DDS the non-mineral character OF the land,
bu. upon the contrary found so much
gold that the asssyer said the concen-
tsases sent him by DR.. kimbail were
Lousy with gold" In conclusion the
land officers express the opinion that the
suit should be dismissed, and that Ne
Bride be allowed TO perfect his title to the
land.
The state will Immediately take steps to
appeal the case TO the commissioner of the
land office.
There is as much gold in school section
Is a. there 10 in all tue ground in Tacoma
and seattle-s trace. The land is Valuable
for town lots. and the Federal officials
from beginning TO end have worked
as~s 4 ha.