Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1873-04-29

how will I get the surface? The Supreme
Court of this State says l will have to
buy it. The locators Of the Panaca To-
Gated "siiver vein or lode"-if they
located anything and now where is
their ground for dumping. for hosting
works, etc.? They fuiled TO embrace
any ground, except just what is over the
Panaca lode. Now, the vein they had
in contemplation, and from which they
took all the ore they could find, having,
SO far as their original intentions and
notions were concerned gone out OF ex-
istence, they propose to swing around
theif boundaries so rs to take in
some rich ores which have since been
The cut they made and the line of black
Groupings is their lead. Suppose you To-
cate u garden, and, finding it unproduc-
tive, you tell your neighbor, who has pur-
chased fertile spot near you, You
must get out Of the way; l have been
mistaken in this ground, and am going
to swing my lines and get i'll land that
will produce something would not
that strike you as monstrous idea of
justice. Well, that is just what the plain
tifts want to do. They claim that there
is ledge from the Panaca shaft
distance of twenty-eight feet towards in
cline NJ, and agree with them. There |
is something there, and that is the Pa
naca lead. Why don't they follow their |
lead, instead of extracting all the ore
they can see, and then leaving it and
trying to get some one else's? That is
the Panaca lead, and the property in dis
pute is not the Panaca lead. Don't they
admit this in their answer in tine Me
Dermott case? By the developments
west of the. Panaca shaft, near the Ken
lucky, where the Panaca lead is exposed,
by the developments 40 feet below the
surface cut, by all evidence above and
under ground, it is conclusively shown
that the ground in dispute is not part
of the Panaca ledge. II You make a
mistake in locating body of ore, which
you think is continuous, but which
pinches out and is exhausted, you cant
swing around and take your neighbours
property, whose ore is not yet exhausted.
But where q number hold mining prop
erty conformity, and some are willing to
swing it around. and others are not,
, what will you do? Their notice reads,
1--WE, the undersigned" claim this
"plot," SO they must have claimed by
| locating in undivided interests. Now,
before the lines can be changed there
must be u concurrence of all the parties
interested. The associates of Hamlin,
Sill, Pulsifer, have something to say
: about shifting the location. and their
concurrence in the change they have
I not got. But, gentlemen, / admit
: there are ore stains from the old
t Panaca shaft to incline NJ, but do not
e believe there is continuous ore from
4 point to point have o good deal of
confidence in Mr.. Wescoatt-have known
1 him for years and also have confidence
Q in Mr.. Heusch; and believe if contin-
Q uous ore connection could have been
4 made, they would have made it. Here
one of plaintiffs attorneys interrupted,
t saying Mr.. Wescoatt and others had swore
/. to an ore connection every foot Of the
s way between the two points. The testi-
= mony is not conclusive that there is an
e ore connection anywhere on that cut.
e The groupings above all contain some
t metal They are continually disintegrat-
: ing and the fragments and dust are car
!. ried below by the force Of gravitation,
J. scattering a little metal everywhere. Mr..
I Wren says there was a connection" be.
> tween the surface and the workings be-
+ low. Well, Mr.. Wren is miner. He
n had men at work above, and Mr., Heusch
}. had 20 engaged below. Mr.. Wren ex-
/ plored on top, and finally followed a
Q shaft down till he met Mr. Heusch, when
y they shook hands, and that must have
n been the way the connection was made
,; Now, gentlemen, have no doubt the
U Panaca men located something, but not
J. the rich bodies of ore which have since
l. been found. But those early locations
'e were not made in good faith and hat
D. been abandoned before they solo
" them. Does not the evidence go Il
n show that they want to find mines, in
l. stead of developing them? Why die
,s they 60 back to Salt Lake to make theil
d record? Sherwood says he had papel
e with him, and then, il they had mean,
l. to develop on returning, would they
a numbering twenty-five, have come back
e with but little gruband only few pounds
l., of powder? And after getting here the
|. second time, what did they do? Die
d they not, instead Of showing their goot
)t faith by going to work on their mines
IS locate the whole country, and then ruI
N off to make sales? Can we believe they
N ever intended to develop their mines
D. Reads from various reports, showing
N that when an appropriation is mad,
lie work must progress with reasonable dill
N ligence-that even the sickness or tn,
s, pecuniary inability of the appropriate
of will not excuse him. That is the gen
is eral law governing appropriation
Of 1t would be contrary to public policy t.
Is allow the personal embarrassments o
is condition Of the appropriation to e1cus
b. development. 'Insurrection" or "loca
he rebellion" might excuse development
Z and can conceive of nothing else tina
", would. don't propose to weary 70,
OF with another review Of that famous In
~ dian war; but you will remember tn
O. st. George troops did not come up here
III Connor's soldiers didn't stay here long
~ and man and boy came up here an
be took out ore, and worked it without mo
be lsstation from Indians. Reads turtle
I'd authoritieson the law of appropriation.
IN Now, fromthe latter part Of 1864 unit
ir 1870 there was not stroke of worl
s? done in the Panaca location. Tn
Id law I have read tells 70,
ir that, under these circumstances, the
40 could not have retained their rights
ut in it, whether subsequent locators cam
It's or not 1t has not been shown that ther
was any real danger from Indians; or,
n there was, the danger existed but a fe'
b, months. Proof Of non-user for tw