ALASKA FORUM
(OFFICIAL PAPER)
James B. Wingate, Editor and Manager
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SATURDAY, DECEMBER 23, 1905.
UNITED STATES MINING LAW
AND SOME
WICKERSHAM DECISIONS
The United States mining laws, as
they now stand on the statute books,
have not been amended nor altered in
any way; they have stood intact nearly
forty years. Upon the arrival of Judge
Wickersham in this division, the first
mining case submitted to his court was
the litigation over claim 24 Little Min
ook jr. It was proven that W. T. Gar
ratt, the owner of record, had never
staked the claim, but had merely blazed
the lower stake. The creek recorder,
or someone unknown, afterwards plac
ing the upper stake. Garratt returned
to Rampart and continued his trip up
river. A1 Allen, the relocator, proved
conclusively that he had made a discov
ery of gold on the claim. Wickersham
decided this case in favor of Garratt,
for the reason that he was the prior
stakerl.
The next mining litigation of note in
the Rampart district to come before the
court for adjudication, was'the well
known Slate creek case. McDonald,
Hallie and Thompson, three prospectors,
tracing the old channel wash, discover
ed gold on the Lozier claim on Slate.
In the litigation which followed it was
proven that the three prospectors were
the first to discover gold on the claim,
and the claim had been staked by pow
er of attorney, and the owner of record
had never been on the ground. Judge
Wickersham again decided in favor of
the prior staker. When Wickersham
occupied the Nome bench during the
Noyes embroglio, a case came before
. him which called forth this decision:
* ‘A discovery of gold on a creek is a
sufficient discovery for the other claims
on that creek to tie too. ”
This was the first notice that a dis
covery of gold was deemed by Judge
Wickersham as bearing in any way on a
valid location.
When the Fairbanks district was dis
covered, and the rush began, many
miners, knowing that the United States
mining laws required a discovery prior
to every valid location, entered upon
claims the stakers of which had never
touched. Several of these disputes
were amicably submitted to go-be
tweens who assurred the disputants of
the alleged determination of the court
to ignore the discovery question and
hold with the first staker. The best
proof to these miners that such a de
cision would be made was the notorious
fact that Judge Wickersham himself
was staking and holding claims in that
manner. This they knew was not the
law; but it was the law of Wickersham
—and appeals were expensive. These
claims were therefore abandoned, and
the entire district being blanketed in a
like manner, many left the country.
This mode of proceedure caused many
to sleep on their rights, as they accept
ed the law of Wickersham for the law
of the land. When isolated claims on
the various creeks began to pour out a
wealth of golden richness, and the pro
perty of the clique handled to meet the
new condition about to be sprung, the
time to gather in the harvest was deem
ed at hand. This commenced by a com
pany, one of whom was a high official
of Wickersham’s court, relocating a
claim adjoining one of known richness.
This case resulted in a decision that a
!
discovery was essential to each and
every valid placer location. This was
the United States mining law figuring
for the first time in ?. Wickersham de
cision. But the law could not long re
tain its purity in that atmosphere. De
cisions followed thick and fast, one
would contradict one of the day pre
vious, and tomorrow’s would diametric
ally oppose the other two, until the
culminating decision—that gold must be
found in paying quantities to constitute
a valid location.
The whole trend of Judge Wicker
sham’s decisions on these points go to
show that he is either grossly incom
petent, or conniving at unnecessary and
expensive litigation. In either case he
is unfit to hold that responsible office.
These various decisions are antagonis
tic; he has never rendered two decisions
alike on the same point. No mining
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locality can prosper and progress under
such conditions. Such a tribunal can
not claim the respect of its own bar. Is
is surprising that the demand f le
speedy retirement of Judge Wickeiwam
was made a political issue among the
delegates to the recent convention? To
be known as a Wickersham henchman
is, today throughout Alaska, the brand
of infamy, and its wearer the enemy of
justice and good government.