The Alaska citizen., 1910-12-05
WHAT CONSTITUTES DISCOVERY Judge Oerheds Decision Rendered Last Week Celebrated
 B-P. Quartz Mining Case

in the hills about Fairbanks to mark the boundaries of their location by cutting out the timber and brush along their lines. and when this plan is not followed. trees along the lines are blazed sufficiently to en- able the ordinary miner or prospeC- tor. using reasonable diligence to follow such lines when looking for the boundaries of mining claims, in good faith.
 The Court, after having given the law. as hereinaboye set out at length. then proceeded to apply the facts and evidence produced at the trial to this law. in substance and ef- feet finding as follows:
 That the plaintiffs initiated the discovery upon which they based the Rex location. by hiring one Spalding. who was assisted by one Larson and Dahl in doing the nee essary acts to constitute a valid To- cation The evidence showed that Spalding visited the North Star and Bill Taft locations, on the right limit of Chatham creek. and a short distance to the east of the Rex location. during the latter days of August. 1908. and that he also wis tied and was present when LuCien RhOads made his discovery upon his claim on Bedrock creek. also trib- utary to Cleary creek, and across the hill from the Rex location some time previous to Oct l. 1908 That as a result of Spalding's observa- ions and examinations of the prop critics above mentioned, he began. on Oct. 1st, to mark out upon the ground the Rex location by placing stakes and beginning to sink shafts in the side hill. within the lines of his location. in order to locate the vein that he believed crossed the hill at that point between the loca- lions above mentioned.
 The testimony showed that Spad- ing. with the aid of his co-laborers. three 10 four feet in depth. up tho side hill. beginning at a point a lit- 'le south of the north side line of the Rex, before encounterng what they claim to be the ledge. lode or vein. That these holes were sunk from he surface through first thin 'aver of moss and earth, then through country slide rock. until what they called bedrock was struck. float being found in each hole. and each succeeding hole being sunk a short distance further up the hill side
 After being thus engaged two days in sinking these prospect holes. the vein was encountere and a shaft sunk upon it 10 a depth of from six 70 eight feet on the uphill side: the shaft being about four feet long and six feet wide That about the same material was encountered from he surface down for three or four f~et. when the rock became more solid, and the last foot and a half TT two feet was in what they called bedrock. That the vein showed a width of from four to six inches, and ran across the length of the shaft, and it was encased or embed jed on each side by schist walls or country rock.
 That subsequently and before the fth day of Oct. they began on the surface of the sidehll and ran an omen cut distance of some ten to fifteen feet, to connect with discov- nrv shaft. That the level of this open cut and the level of the shaft were about the same.
 The evidence also shows that tho "ein was also disclosed in a nart If the Onen cut and that the bot -Nm of the onen cut. some two or 'hree feet in width. was, for at least "ne foot of its depth. in rock in h~I ny the witnesses
 lt was entirely unon this work hat the location Of tbe Rex wac Nased. SO far as the discovery Of "o"k in place was concerned. The evidence also showed that rrior to Hr mon Oct 4. Spalding found. after making his discovery in the onen cut. that the strike of the vein was 7omewhat different from what he had anticinateA if would be. and h. '"rordinolv chanoed the west end 0f his location from it's Crioina1 Do- ''tion to ahont 150 feet further un he hillside. first chaneing the west center end stake and then mOyino he northwest and southwest cor Ners each 300 feet from the center end stakes, chOnning off the mark 'nes of the stakes abandoned and erecting new stakes and properly marking the same, and blazing the ines between the stakes. All these acts having been performed on or prior to October 4. 1908.
 The open cut and shaft with which it was connected. by reason of the elements. has, since the spring of 1908, become more or less filled with ice and sloughing, so that it's condition could not be examined at he time of the trial by the Court. who visited the claim. nor by the witnesses. The testimony was there fore necessarily confined as to the condition of the shaft and cut to wit nesses who had occasion to make an examination of the same during the months of October and November, 19OS
 By reason of the fact that the witnesses for both sides were upon the property during those months for the specific purpose of viewing the premises, knowing that law suit would result, their examination or lack of examination was made accordingly. The testimony of the witnesses of both sides varied, as would naturally the testimony of witnesses who viewed discovery shaft and attempted to testify as to what they saw some two years afterwards.
 The Court howeyer in randarinp