The San Francisco call., 1896-09-27
THE MATTER


California mining operations is now beng
irvestipated by the Federal authorities.
IT more than probable that the United
States Grand Jury at its session next
Tuesday will return an indictment
AGAINST Lincoln Brodt of Chico, Butte
County. charging him with perjury and
sundry other offenses against the Govern
ment.
The property directly involved is known
as the Alki mine, located in Butte County,
though there is altogether something like
$50 acres which will be affected by the pro-
ceedings. The money value at stake will
nobably reach $500, 600, the Improvements
in the Alki mine alone amounting to over
S21, 900.
The present trouble is of recent origin.
On August 10 of the current year Lincoln
Brodt of Chico entered at the MarysvilIe
Land Office certain properties as timber
lands. Brodt was backed up in his claims
by one Fred Jones and o. NJ. Enslow, at
one time Surveyor of Butte County.
In time all the squatters and miners on
the land were notified to move off, under
penalty of the law. The warning proved
to be somewhat of bonn bshell, as there
had never before been any question raised
as to whether the land was timber or min
eral. 1t had always been regarded as
strictly mineral When, therefore, Brodt
entered it as fit timber property perfect
howl of indignant protests was sent up.
At first there was apparently nothing to
do but quietly submit. The fact that the
Land Office had issued a timber patent on
a mining property seemed tenn porarily at
least to put an end to any possible pro-
test 1t seems, however, that George
Parry and NJ. L. Merry had invested sew
eral thousand dollars in mine within the
alleged timber district and they did not
propose to lose their all without struggle
These gentlemen it seems own what is
generally known as the Alki mine, the
same having been duly recorded accord
ing to the provisions of the mining act of
Congress. The property is located near
the village OF Magalia, Butte County, and
the parties named have been in possession
for more than nine years.
The mine is in Township %, north
range, and is described as follows: East
half OF the northwest quarter and he west
half of the northeast quarter in section 10,
and the east half of the southwest quarter
and the south half of the southeast quar-
ter, the north quarter of the southeast
quarter and the east half of the northwest
tion Is.
Parry and Merry speci hcally claim that
they have mined. improved and developed
the above described property for period
of nearly ten year, and that since the
original location was made they have
never ceased to be i'll possession of it.
They have run an incline into a gold
bearing channel to a length of 1000 feet
the total dip being 225 feet lower than the
mouth.
In order to successfully carry on the
work they have constructed bitches and
fumes over eleven miles long, with car
rying capacity of 400 miners inches of
water. This water is brought direct to
the mouth of the incline, where the power
is utilized by means of thirty-foot wheel.
From this is run system of pumps and it
is also made to hoist the rich gravel from
out the tunnel OF incline.
Merry and Parry further claim that they
do not know either Brodt or his witness,
Fred Jones, but that they are personally
acquainted with Enslow, the ex-County
Surveyor of Butte County. They also
affirm that they were not aware of their
mining property being entered as timber
lands until it was too late to file a protest.
Parry goes a little farther than this,
however. A few days ago he made afi-
davit before a notary public of Butte
County that Brodt, according to his be-
lief, procured the timber patent for the
purpose of defrauding Merry and him
self out of their rights in the Alki mine
and ultimately obtaining a title to the
same. Parry also swears that the patent
was procured by means of perjureG wit
nesses and that Brodt himself is also guilty
of perjury.
Parry and Merry are supported in their
position by some of the most influential
citizens of Butte County. Among them
may be mentioned r. d. Jones, a life lon q
miner; Uriah Heap, miner; ]. Cohn,
merchant; NJ. Gooday, merchant, and r.
M. Ingraham, for the last twenty years a
miner in Butte County. These gentle
men, without exception, are willing to
swear that the property entered by Brott
as timber land is fit only for mineral pur-
poses, and has been so regarded for more
than twenty years. In fact there is hardly
enough timber on it to supply the
needs of the various mines.
1t is definitely known that the facts as
related above have be en- in the possession
of District Attorney Foote for some time.
They are in the form of afidavits and will
be submitted to the Grand Jury at its next
session. Mr.. Foote could not be seen yes
terday, but his assistant, Mr.. Schlessinger,
was asked to give some information about
the proposed criminal proceedings
81 am not in position to say anythin g
about the matter" he said. "The evi-
dence now in the possession of the Gov
ernment is of strictly confidential char
acter and any action that we might con-
template could not, of course, be heralded
to the world for the simple reason that it
might and probably would thwart Justice"
Altogether, no case for months past has