New-York daily tribune., 1859-01-12
NrwyoRK DAILY TRIBUNE WEDNESDAY, JANUARY IT, 1859

rios .he yaiity ~ vii n grant vas snstsired 1877
Wter BY the Supreme Court of the United States in
oostest be;~een the UEi,ed States and the saii fos-
sat a. can be- fy reference 70 the last Eonihe "
"Hovar1." Reports
Fo.rth. The Hon. Robert j. Walker aud John
Bowie Gray, claiming a. trustees, uneer deed iron,
Groves e. Cook the assignee Of Jgs:o Larit@, ana
which iesdr alleged to be Ynor to the deed under
which F0ssst elaine.
Fidi The United S5stf., who, ss complauants
and ar sgsiust Barron, Forbes q Co, have iu-i 90
tanned tbe injunction stopping Tie woking oi the Al
msdeu MiLe.
Here tp,r are Eve h;igart claimants; bus qnestio1s
enough have already been settled 10 dispose Of three
oi these parties. - e
lst Il las Just been decided by the C'cu: Court Of
the Unie6 States in California, that DAIob, fo4oes
4 Co. have no tile whatever.
ID The SnpYene Court Of the Cri'ed states as,
Winter confirmed the sTalt 10 JUST Lir's a. NatH
title and remsnded that title 20 the DStnet Court i9'
Csifrnis 20 FIX snd settle ts iru. b,uaiares; and,
acting Ger that man6ete, the Dstrct Court has
61ed fbe bourdaries of this erhrmed gra 80 ss 10
inolade both the AlInGden sad Ssnfs Cara Mines 90
tina. the United States have not ami canno, nave,
sny t,s 20 ore foot Of the land originally grsetef to
us.o Isrios ami of course, 40 title 70 the Ainadeu
or Santa Clara Mines, If the Unl'ed District CouIs
hsse correctly f,ed there boundaries, about Shieh
ther. il 10 longer any question. -.
boundaries, as fixed by the Distrct Court ot th9
United stat E. has slso settled The BeTryssa ca'm py
so locaiiBg the dividing line between berrtesa sI'
ing rnoer I.srcs.
So that The ory real parties now comp-tent 10 con-
tend for the Almsd,n Nine being on the
part Of tie LsIios OF Csptanciuos rancnoj ave,
Is. those claiming under the n'ne o' NNA'N'
Fossat.
% Rnber. J. wsher snd J. Bowie Gray cl,tndng,
as trns'eet sll the uises III that part ~ the kfoco
f,r tis bereiciares under ther trnst, ot "h" 'i.
Walker is believed h. be the chief u prnepal oehen
cjary But !, seems strange to those unacqualnted
With legal principles, how the same judges o. the
Upteo States Court xhich have finally c)p6imed and
bouuded he grant To IaIos AZ To cover the Aula-
den NiIe. snd thereby eNcldde all title on
tie pnrt ( the Uc'ted States, coad, IN
few stcrt weeks sferward grsnt sn Injunction
in favor Of the Urited States, against the further
woli iUg Of this mine. The explains Ion is feond IN
tLe iaole fact th.t the injunction bill of the United
S'ates ~ 10 way referred To the grant TO Laros oa
va. limited o assault OF the cenouncemehi title .,
Barron, Forbes Co., who were thus driven To stind
alore OIL cir exclusive ttle, lnasmucn "a they ild
not claim urder but against the La1s grant. So far
therefore, u ~ case was presented u the Court,
they coud not jndciay notice this contrmei grant,
fatal 10 tne United ea'es and the present ho1ers,
Baron, F.rbes * Co. The case was therefore ried
and deci led If tho LaTos grant hal never exsiei
or been confirmed by toe highest authority IN the
land.
urd.r L. bad ben prosecuted in the Injunction case,
tie Circuit Court must necessarily have de lied
against tie United States rs well az against Barron,
Forbes d Co.; for il must be borre IN mini that the
I
before commissioned ano bounded, as against the
Un,ed States this Laros grant n 70 make L cover
both the Almaden AMI Santa Cara Mines. IL remains
her. nNer 20 be settled by litigation between the Fossat
anu aksr parties who If The legal owner Of the great
Almacou Mine. We 60 not propose nov 10 dscuss the
merits of that momentous question, ehough we have
very decided opinions il Tneresu Of this Injunction
is To arrest the working Of this fruitful one until the
title is finally ssttled which can hardly be upder two
or three yesrs. Unless, therefore, the Cont can be
l. dBced to modify lis decision and allow tae mine to be
worked which, so far as the record in that case
shows. - Government property-there will be no more
quicksilver produced for some time from this great
mine We dc not see how the Court can now allow
tbs mine 70 be worked again until the title u finally
sett ed which cannot be under two years. Ihere Is
no law whatever for working Government mines AMI
as that case is presened To the Court would be
great stretch Of power to sanction the working OF ths
mine even to de'ray the Ixpcrses OF keeplng II 10
Cont i. firm refusal to the Injunction or
modify il in particular. u. ,. Min Jo1r.