Thorndyke v. Alaska Perseverance Mining Co.

(after stating the facts as above). From the pleadings of the parties we think it clear that no question of riparian rights arises in the case, all of them basing their alleged rights on their alleged respective appropriations of the public waters for mining, and other purposes connected therewith.

The exhibits and other evidence in the case show that Silver Bow Basin is a small pocket surrounded by high mountains, upon some of which are located the defendant’s lode mining claims — its mill, mill sites, buildings, and other improvements of that character being situated in the basin. Above the…