McFarland v. Alaska Perseverance Mining Co.
District Court, D. Alaska
This is a suit in equity to restrain the defendant fijom diverting'for mining purposes the waters naturally flowing in a non-navigable stream across a placer mining claim belonging to the plaintiffs, and for damages. I In October, 1880, the miners in the near vicinity of the present site of Juneau, Alaska, discovered gold in the Silver Bow basin, where the property in litigation in this case is situated.
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This is a suit in equity to restrain the defendant fijom diverting'for mining purposes the waters naturally flowing in a non-navigable stream across a placer mining claim belonging to the plaintiffs, and for damages. I In October, 1880, the miners in the near vicinity of the present site of Juneau, Alaska, discovered gold in the Silver Bow basin, where the property in litigation in this case is situated. They called miners’ meetings, organized the Harris mining district embracing such basin, adopted rules and regulations governing the location and size of and rights in mineral claims, elected…
1Opinion of the Court
WICKERSHAM, District Judge.
Plaintiffs pray for a decree enjoining defendant from diverting, above their intake, the waters of a nonnavigable stream flowing on the public domain, and thus destroying their alleged prior and better right to the use thereof in mining. The defendant answers, asserting a prior and better right by a diversion and application to a beneficial use in mining long before that claimed by the plaintiffs. The question at issue is: Have the plaintiffs, or has the defendant, the better right to the use of the waters of Purvey creek by prior diversion for mining?
1. The act of…
2Cases cited50 opinions
- Church of the Holy Trinity v. United StatesSupreme Court of the United States · 1892
- Knowlton v. MooreSupreme Court of the United States · 1900
- Shively v. BowlbySupreme Court of the United States · 1894
- Hardin v. JordanSupreme Court of the United States · 1891
- United States v. Rio Grande Dam & Irrigation Co.Supreme Court of the United States · 1899
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3Cited by3 opinions
- Kernan v. AndrusDistrict Court, D. Alaska · 1918
- Miocene Ditch Co. v. Campion Mining & Trading Co.District Court, D. Alaska · 1908
- Alaska Pacific Ry. & Terminal Co. v. Copper River & N. E. Ry. Co.District Court, D. Alaska · 1907