The Empire County argus., 1856-03-15
A Statement Of Homer and Company.

Statement of Homer and Company.
January 1855, Mosier and Homer commenced
digging tail-race on the left hand side of Shing
Creek, and running east about twelve hundred feet
They had worked nearly to Cromwelrs garder
when he served an injunction upon them. They
then brought witnesses before the Court, and thu
plaintiffs attorney dismissed the suit The Cour
took some four or five weeks to consider the cast
before giving its opinion, it wished to learn the
decision of the Supreme Court in a case then pend
ing. The Court then notified said defendants tt
appear with witnesses, which they did, when the
Injunction was dissolved and their attorney tolc
them to go to work and dig their race. The sale
company then commenced suit against Cromwell
for damages for loss of time (some six or sever
weeks) which they in consequence of the in iune
ton were obliged to lose, and also the loss of free
water, which they might have had at the time, which
was no small item to them in digging such a race
The Jury in the case brought in verdict in favol
of plaintiffs for one hundred dollars Ca special YER
dict,) which the Judge overruled and decided in
favor Of defendant. The plaintiffs believing that
justice was not done them by the Court wished tc
have the opinion of the public, or miners, on the
matter wherefore this meeting was called.
UN1oNTowN, March 4th 1856.
At meeting of the Miners of Uniontown and
vicinity, w. H. Weidman was chosen Chairman
and D. H. Brown, Secretary. The ease was then
stated to the meeting by Mr. Westcott, and on mo-
ton committee consisting of Messrs Westcott
Nc cDonald, Holman, McQuston and Lovejoy were
appointed to draft resolutions expressive of the
sense of the meeting. On the retiring of the COM
mittee the Chairman announced a recess of one
hour. At the expiration of the time the commit
tee reported the following resolutions which were
unanimously adopted.
Whereas, Homer. Robinson & Co. have been at
great expense and labor in opening race in order
to work their claims to advantage and as said race
is in the most convenient place, (and in fact the
only place where could be dug to advant-
age,) and whereas they were encouraged by the
dissolution of the injunction at the time of digging
said race,
Therefore resolved That we the miners of this
(and all in like circumstances in keeping open
such race or races, by law or otherwise.
LovEJoY, WEsTcoTT HOLMAN, MCQUINsToN, and
MCDONALD, Committee.
On motion, q committe consisting of Messrs.
Proctor Kyger and Southworth were appointed to
wait on Mr.. Cromwell and request him to clean
out the race it previous to his filling it up.
The committee reported the following proposition
on the part of Mr.. Cromwell, viz: that if Mcssrs.
Homer, Robinson & Co. would timber up the race
that he (CromwelD would cover it, Homer & Co.
wished an expression of the meeting on the propo-
stion On motion the of the meeting was
taken which resulted in the rejection of Sthe propo-
stion The committee then reported that Crom-
we'll refused to clean out the race. On motion the
meeting en- masse proceeded to clean out the race
On motion a committee consisting of Brown, Kyger
and Holman, were chosen to inform Cromwell of
the proceedings of the meeting, and also to forbid
him 10 fill said race again.
1t was then moved and carried, that the minutes
of this meeting, together with a statement of the
case in dispute, be published in the Empire County
Argus
On motion, a committee was appointed consisting
of Messrs. Proctor, Southworth, Kyger, Holman
and Wescott, to draft code of bylaws and to re-
port at an adjourned meeting to be held at this
place on Sunday, 9th inst.
1t was then moved and carried that the records
be subject to the examination of said committee.
Adjourned. d. H. Brown, Sec'y.
The committee submitted the following report;
Whereas, in mining operations it is often neces-
sary to tailraces through Enclosures in order to
work a claim above, and as there has been shown
Of late an opposing disposition the part of some,
and as there seems to have been specific rule in
regard to the matter therefore resolved, that the
annexed code of bylaws be adopted for the benefit
of the miners in this vicinity
Article |. Every miner or company of miners
running races through ranches or Enclosures of any
kind shall do so with as little damage to the owner
thereof as possible.
Article z. Every mining company running races
through ranches or Enclosures where there may be
fruit trees, vegetables grain of any kind, shall
pay all appraised damages.
Article g. The appraisers shall be chosen equally
by the parties interested.
Article 4. No ranch-holders or those having gar
dens owing the same through which it may be
necessary to run race, shall prohibit the miners
from doing the same.
Article 5. No miner or company of miners shall
run race within ten feet of dwelling unless they
first obtain the consent of the owner.
Article 6. No miner or company of miners shall
dig race over eight feet deep through any garden
or incosurc, unless he or they brace the same from
side to side.
PRoroR, SoUTHwoRTH, KYGER, HOLMAN and WEST
CoTT, Committee.
The above resolutions were unanimously adopted.
Curious SEDUCTION BILL. By the New York
Legislature, an amendment to the seduction law