Striking Gold in the Records
People often refer to the National Archives as a “treasure trove” of history. Usually they’re referring to the wealth of knowledge documented in our billions of pieces of paper. But occasionally you come across something that would not be out of place in a real treasure chest.
At the end of the 19th century, thousands of gold-seekers headed to Alaska. Few found even enough gold to pay for the voyage north, but a little bit of the precious ore found its way into federal records at the National Archives in Anchorage.
The 1904 case of Heine v. Roth concerned waterfront property rights. George Roth had purchased land on the banks of the Chena River near Fairbanks and prospected for gold there. C. H. Heine also occupied land near the Chena and had filed a homestead claim on May 6, 1904, for 35 acres.
On July 15, 1904, Heine asked Roth to leave the property and had him arrested for trespassing when Roth refused. In court they argued over who had claim to the waterfront property, which was accessible only during low tide. Heine argued that Roth’s camp denied him access to the river. Roth argued that the land he occupied was public land because it was a part of the Chena River, which was accessible to all. He also argued that Heine’s homestead border did not include the riverbank. The court ruled in Heine’s favor and further stated that an owner, by law, could not be denied access to the navigable waters located in front of his property.
More than 100 years later, the two vials of gold discovered by George Roth on the banks of the Chena River, remain in the case file as evidence.
This post originally appeared in the Winter 2011 issue of Prologue magazine.
Posted by Mary on July 31, 2012, under Prologue Magazine, Uncategorized, Unusual documents.
Tags: Alaska, C. H. Heine, Chena River, court records, George Roth, gold, gold rush, National Archives at Anchorage, property rights, prospector