66 The American Geologist. July. i»oi. 
as probably vakiable, and the Great Northern Raih^oad com- 
pany had entered upon them. 
It was shown that the coal designated by Pearson lay in 
the coal basin that had been described in the tenth United 
States census report (1880), by W. M. Davis and G. H. Eld- 
ridge, and Dr. J. S. Newberry, and by Messrs. Weed and Pirsson. 
several years before Pearson saw it. It was also shown that a 
part of the area under contest (the Cottonwood coal area at 
Stockett) had been examined by the agents of the Montana 
Central R. R. company and had been by them passed to the 
Great Northern R. R. company, that other parts had been ex- 
amined by drilling and had been mapped by the agents of the 
Sand Coulee Coal company, and that the Great Northern R. R. 
company had itself decided to enter upon the mining of that 
area several months before Pearson visited it, and that in a 
small way, coal had been mined there for 14 years prior to 
Pearson's visit. 
The evidence was clear, the pleading was direct and con- 
clusive, the instructions and charge of the judge were lucid 
and sufficient, but the jury failed to agree and were discharged. 
It is said the case will be retried. 
