The Alaska daily empire., 1915-03-26

u N NAlNN uE AAAhef lstta e-tt ar ,old dust or other minerals therein and al gold and gold dust extracted .herefrom, the dcsendantsI on tn' other hand. contend that the lien at aches only to che mineral bearing sands. graveL earth or rock that ma' have been piled up ip dump o' mass. and che gold or other mineral contained therein or extracted there rom. Section l64 reads as follows.
 Sec. l64. Every minor or iaborer who shall labor In or up- on any mine or mining ground for
 another ln Che Territory Of Alas
 ka. tn digging. thawing. convoy
 ing. hoisdng. pihug. cleaning up.
 or Ia any other kind of work in
 producing any winteral bearing
 sands. sravels. earth, or rock
 gold or gold dust or other miner
 als. or shall aid or assist there
 n by his lahor as cook. engineer
 tlrcman or in cutting and deliver
 ing wood used In said work. or
 in any work In any Ike capacity
 in producing Che dump, shall,
 where his labor is directly aided
 in such production. have a lien
 upon the dump or mass of miner
 al bearing sands. gravels. earth
 or rocks. and all gold and gold
 dust or other minerals therein,
 and an gold and gold dust ex
 tracted therefrom. for the full
 amount of wages for an the time
 which he was SO employed as lahorer in producing said dump,
 within one year next preceding
 his teasing to labor thereon; and
 to the extent Of the labor of the
 said miner or other laborer actu- ally employed or expended there
 on. within one year next prior to ceasing Go labor thereon. and laid
 lien she& be prior to and preierr- ed oser any deed mortgage. bill
 of sale. attachment. conveyence. OF other claim: whether the same
 was made or given prior to such
 labor or not: provided that this preference shall not apply to any such deed. mortgage, bill of sale attachment. conveyance, or other claim given in good faith and for value prior to the approval of this act
 Judge Tucker. in bis opinion said: While the contention Of the plain ifs is plausible, and founded on what he lawmakers might have done and mould have done. lf they intended to leal jusuy and lihegally or uniformly vth the miners and iabcrers. l do 10, think that statute Is susceptible fsuch construction. The language oi he statute. by which we win be gov ,rned in seeking the legislative in ent. will not support the contention hat the lawmakers intended to give ] lien on all che mineral bearing sauus travels. earth or rocks, that may have ,cen loosenec uD from mother earth r the original ground hy or through he different processes Of mining. uch as hydraulic or dredge mining irrespective and independently Of he fact that the mineral bearing ands. ero9cls. earth or rocks have .een piled u2 or collected in dump .r mass-for. such is the inevitable esult Of the plaintiffs contention. lad thc lawmakers so intended, they night easily aayc used some such gen. ral and Inclusive language as the oiow.ng Every miner or other la- orer who shall labor in or upon any nine or mining ground dn> any ca acity whatever) in producing any mineral bearing sands. eravels. earth P rocks. etc.. to be extracted from he ground shall. where his iabors di. acly aided in such production. have lien on all such mineral bearing