Worthen Lumber Mills v. Alaska Juneau Gold Mining Co.

(after stating the facts as above).

The appellant contends that upon the established facts in the case the court below erroneously reached the legal conclusion that the appellee had established its title or right to the possession of the upland. It is argued that by entering the mill sites the appellant waived its right under the mining lode claims, that by presenting affidavits that the land was nonmineral in order to enter the land as mill sites the appellee became estopped to claim the same under the mineral lode locations, and that by proving the right of possession of certain Indians in and to the upland prior to the act of Congress of 1884, and continüously thereafter until 1913, when the appellee received conveyances from them, the appellee has proved that the land was not open to location as mining claims or mill sites, and that no right of possession could be acquired under either there *366 of. The appellant, admitting that the right of possession was in the Indians as was found by the court below, contends that the Indian right of occupation was not transferable and never became vested in the appellee.

We do not think it is necessary to determine by which of the three…