Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1873-09-02
Temporary Restraining Order Grant
-d-The Raymond ~ Ely works
shut Down.

On Sunday night last, Dick Dey,
United States Marshal, and Gus Ash,
Deputy Marshal, arrived in town,
clothed with the necessary authority
from the United States Circuit Court
to temporarily close up the Ray
mond & Ely Mine. 1t will be remem-
bered by our readers that there Is and
has been for very long time suit
pending in the District Court of this
county, brought by the Raymond x Ely
Company against the Kentucky Com
pany, in which an injunction was granted
against the latter Company, and which is
still in force, the suit not having come to
trial. The Kentucky Company q; one
time contemplated removing this suit
from the State to the Federal Court, but
as both companies being foreign corpora
tons, the conclusion was arrived at that
tine case could not be removed, neither
could an action be brought by the Ken
lucky Company against the Raymond u
Ely, for the same reason. The Kentucky
Company. however, being a foreign cor
poration, might bring an action in the
Federal Courts against any number of
citizens of this State who were
found in possession of or working mining
ground claimed by it. The present ac-
ton is therefore not brought against the
Raymond & Ely Co. as defendants, but
is an action against the employees of the
company in possession. The Kentucky
Company has thus adopted this method
of doing indirectly what it could not do
directly, and it now remains to be seen
what course the Raymond X Ely Compa.
ny will pursue in this new emergency.
.Will it defend the acts of its employees?
in which event the title to the property
will necessarily come in question, or will
it allow them TO disclaim title and owner
ship and allow an injunction to issue
against AlGAA4 anu 4toA-A4G win WIN
other employees? As this course would
determine nothing and leave them ex-
posed to a new suit of a similar charac-
ter to the present one at any time when
it might suit the convenience of the Ken.
lucky Company, we apprehend they will
defend the acts of their employees and
thus allow the title to the property to be
tried in the United States Circuit Court
But whatever course they may pursue We
can see but little prospect OF speedy
termination of the disastrous controversy
going on between these companies. The
shutting down of the Raymond & Ely
works is the feather that will break the
camels back. Our people had just com.
menced TO congratulate themselves oil
the better day which was dawning upon
them from the resumption of work by
the Raymond Il Ely Company on a scale
of magnitude which would soon restore
the place to its former prosperity.
When the announcement was made on
the streets yesterday that the Kentucky
Company had obtained a temporary re-
straining order against the Raymond 4
Ely Company, deep feeling of anger in
dignation and disgust was everywhere ap.
parent among our business men.
That few inscriptions msn Of des-
perte fortunes should thus have power
through the ingenuity Of lawyers and the
aid Of courts 10 toy with toe business in
terests and hopes Of a whole community
Is matter to be deeply deplored. Once
this suit is fairly launched in the L. 5.
court, Of course there will be no final
decision until it reaches the L 5. Su-
prene court at which time half the pres
elt generation will Be in their graves.
The bond gwen to compensate for the
shutting down Of the mine is in the mu-
ni6oent sun Of $500, not sufficient to
cover the damage to the company for a
single day. The order to show cause
Why q perpetual injunction should not
issue i made returnable October ), 1873.
until which time, o. course, the mine
vii De closed.
Tbs KENNEDY Company claims in this
action 80 feet on each side of its works,
which viii include the principal works Of
the Raymond L Ely Company and viz
tually close the mine.