Is There Gold Under Tacoma's School Land?
A federal geologist is sent to sample the gravel of school section 16, where John G. McElroy claims a fortune in placer gold and the state says it is ordinary school land.
Another examination is to be made of school section 16 to determine whether or not gold is to be found there in quantities sufficient to justify John G. McElroy's claim that it is gold-bearing land. The examination will be conducted by a geologist of the United States geological survey.
Attorney General W. C. Jones is in receipt of an official communication from the interior department in reference to the now famous litigation over the possession of this valuable tract of land. The letter is self-explanatory and is as follows:
"Department of the Interior, Washington City, June 6, 1895. — In the year 1890 testimony was taken in the case of the State of Washington against John G. McElroy, involving certain alleged mineral lands lying near the city of Tacoma, Washington. The case reached this department on the appeal of the state, and it was found that witnesses, apparently equally skilled as practical miners and prospectors, and equally honest in their opinions, had prospected the lands, and differed so widely as to the extent and character of the alleged deposits that a satisfactory judgment could not be rendered upon the record.
"I therefore directed that the land be thoroughly prospected and a record kept of the quantity, character and value of the precious metals found therein, and when the tests were completed, the testimony as to the results found be taken and judgment thereon be rendered.
"The case has again reached this department on the appeal of the state, and the testimony has been carefully examined. While the record that is now made contains much that is valuable in arriving at the true merits of the controversy, yet upon the main issue of the case — namely the name and extent of the alleged mineral deposits — the testimony is still so conflicting that I hesitate to pass judgment upon the same.
"I have, therefore, decided that a more satisfactory result may be reached by supplementing the testimony already taken by an independent examination made by a geologist of the geological survey. Such an expert, skilled in the investigation of placer mines, and experienced in sampling deposits, will, as early as practicable, proceed to the grounds in controversy and take therefrom samples of the gravel at different elevations on each of the six locations, give the results and cause assays to be made of the resulting concentrates, and determine therefrom the value per cubic yard of the mineral so treated and the possibility of profitable operation.
"When he shall have sufficiently prospected the claim, his testimony and also that of any of his assistants may be given before the register and receiver, or some officer duly qualified to administer oaths. Opportunities will be given for thorough cross-examination, and five days' notice will be given to both parties as to the time, place and before whom the testimony will be given. There will also be submitted to both parties a copy of his official instructions as to his method of procedure.
"The expense of the investigation and also that of reducing the testimony to writing will be paid by the government, and when completed, the same will be promptly forwarded to this department to be considered with the record now made.
"The representatives of McElroy have been duly advised of this action. Very respectfully, HOKE SMITH, Secretary."
“"Witnesses, apparently equally skilled as practical miners and prospectors, and equally honest in their opinions, had prospected the lands, and differed so widely... that a satisfactory judgment could not be rendered."”
School section 16 was the parcel every township set aside to fund public schools — the original public-land endowment. McElroy's placer-gold claim was a classic attempt to convert public school ground into private mining ground, and the fight over whether the gravel was 'valuable mineral land' is the same argument that still decides whether public land is sold, mined, or kept.
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