The Alaska prospector., 1903-12-03

moment s,,i ets-sidrr whst his agreement Tsss at.t-tiiug to it's tcrut> Is c,.n>trtiing l.. T msy D" divided into four clauses The prc>i- dcnt stated; tir>i-'titat Nr. E. F. Mcclellan had been cngagri te act a~ superintendent for ,nis company in Alaska Ter the ystr ls1. .' aiirnI i">i.'h E>Se>>merf work Gs l. required by law. te ss.ais |. S. Iairpis tA the >eyerss mines s~ael by the compsEy.' That iS ad miise atsr. but with a gualtiiraiios. isr the ~ dcncc is un ii>patcd that ti.c devesopnrst work therein neHii"ne,j was ie he and actually wr done with the suh>eiucnt approval oi the plaintiff upon the Nic,isi grump alone. Third -1.'ani to loeaie and have iscatrd all other hine> end water rights in tltst vicinity lr the r"mPdly. What vicir1y? Clearly, from the ,oate xi, and from iEe evitkwr. in tlsc ease. il referred tn the vicinity cf the mines upug which the development w'~k for patent was |" be donc. 1. e; the Nicolai group. fomrth- and hire men f~' these purposes and au ,th- CT work "f development and location as is nee e,sary. The last clause gave him authority to hire such men as were necessary te do the To- eatiRg. e->meut asd development work agreed upon. This was the extent uf his agency his power and duty. a. contained ip plain tifs statement If the coEUact.
 Due> the evidence >how that ct'l,slan n,t.-S within the line nf the duty agreed upon Ly that contract CT ineluitahiy, uaiusily ahd in fraud was the l.cation of the Bonanza group of cop per mines by Warner and smith. Was it Me Clcllan's duty under that contract to dishand the Mcclellan prospecting party and prevent Warner and smith from lpsiing any mines in Alaska that yesr' The contract do,.~ not re
 
 the>e prospectsr> forbade it ss far their in teresis were involved Was il his duty under that contract to rre>I~rt generally a-,Iid the numerous tributaries q. the Copper river in search for unknown mines. was il lEi- prr- tapai duty tod" a>ses>meDt work on al-eaiy acquired mines. and the development work for patent an the Nirplai greup, and to locate such mines and water riclt> in that vicinity as were necessary i9 protect. extend and com ple;e that valuable enterprise? There can he no serious sue>iiep op this point. The Nieelai group was known and valuable group of cop per deposits; Mcclellan w.s- sent nsrih to dn the Hcce>>ary a>se ->nieHt work sg the un,levcl olet mi nss to comply with the law. but par- tit ularly te do development wrs or this group fer patent. this Was his principal duty. and the making ni additional loeafion- was ~econ- dary; in the work of developing the valuable veins sf the Nic,iai min.> it would bc his duty. under the contract. and as wideawak. and faithful superintendent io loH.atc CT have lo-. csted any -SteEsioa> of the ore bslie~ which the work uncovered and such water tight. ad- w~rk them. to the end that his principals prop erty might be more valuable aud sIn ylet- and moi threatened by hostile ncighber-. If he had failed to perform that duty, ar ii he had lo at ed or cau~<d anuiher to locate extensions of his principals mine>- ar the water right> aI- jscent and ss'-s,ary |. the proper working be done by others and had acquired an inter est therein to the damage of the int rt>i> under his charge, different question would be before the court
 Bu, nothing of that kind tran>pircd The Bonanza group i> not within the yicil ity af the Nic"lHi mine>. IL i> shown by tue esid-Icc to be ~ighteep @r twenty miles distant. by the travelled route. and eight mile. nt least in an air line according to the JdaiIiih's first notice oi li> pendens He'd with the r,.csrder at Valdez II l. over yalley> apd mountains from the Nfcolai group and i> not shown by the cvi- deuce io t,e nearer any other of plaintiffs mines The water rights thercabout are mol shown to be in the vicinity of the Nicolai ar nere<>arv in its development or working. In my judgment there wa> peither legal nor a moral iujary to the Isaiafif in the locaiion ui the Bonuuza mise by smith and Wagner.
 So much has been said lu this ease about The agency of Mcclellan aLd his duty to his pruci- pal that but little alteAfi"l hes b -en given fu tALe real facts. The evidence ise~ nof show that Mct ltllau locHted ille Bonanza mneS. but the contrary. The proof l. clear. fun and ,ati> taciery "n that point. They were heated by Warner and smith without the previous krow- ledge af Mcclellan, and ip fur>uanr. ta their prn>Is-ctisg contract with the Mcclellan sros- pectipg party made in Valdez in October lSgh They nsd pros ie led sn Prince William sound From Oct~ber till December iss'9 when fley re- turEed to Valdez. On March 2d.. l.Ji they leit Valdez with Swaeney and kaiu. afoet and pull ing their sird., having left the horses belong ing to the party at Valdez ta await he .N Ir..,cd arrival .i Mcclellan aNd "ther>. They went ta the Amy cache at PtarIaig gan drop. sorted the siore> there and took gOed supply with th.m [" the interior. They prS~pect"d sn the Ku>