Hoiv Kootenay Emerged from its Wild State. 239 



circumstances, very creditable to the man who had to decide the 

 issue. The Court opened on Aug. 31, and the first thing Judge 

 Kelly insisted on was that all revolvers were to be deposited in a 

 box at his side so long as the Court sat, a precaution which, alas, 

 succeeded only for the time being to save the life of one of the 

 two persons most concerned. The litigation had resolved itself 

 into four distinct cases, for each of the two parties had taken up 

 the same four claims on the big ledge.* As several important 

 witnesses were absent, two or three short adjournments became 

 necessary,f and it was only on Oct. 16, 1883, that Judge Kelly gave 

 his last judgment. All four were decided in our favour ! Judge 

 Kelly was an old miner himself, and knew little of law ; hence 

 he took the view which from the first I had recognised as the saving 

 of our case, namely the commonsense interpretation of the actions 

 of men who, from causes beyond their control, found it impossible 

 to comply with the strict letter of the mining regulations. 



The six weeks which the trials lasted were to me anxious times, 

 for our adversary's lawyer was a very capable man, and as, 

 moreover, he was the only person present who knew anything of 

 legal procedure, it was easy for him to declare evidence to be 

 inadmissible, and score numerous other points. To his credit I will 

 say that the Supreme Court, when subsequently deciding the 

 appeals of these cases, supported, in several instances, his 

 contention on this head, though, poor fellow, it came too late for 

 him to hear, for he succumbed to an illness brought on by the 

 exposure and privations he underwent on his journey to Kootenay. 

 , Our "court" must have presented an amusing spectacle to a 

 stranger fresh from formal European law courts. Here we were, 



The discoverer of a new mining camp has the right to take up, besides 

 the one claim to which every miner is entitled, a second location known as 

 the discovery claim. 



f The nearest post office was then at Sandpoint, more than 150 miles off. 

 The Indians, of whom there were always a number about our camp (they took 

 side with one or the other of the two parties), acted as our messengers, and some 

 wonderfully fast trips were made by these then still thoroughly unspoilt and 

 reliable Flatbows. 



