Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1873-04-01

the defense objected to its admission,
because,
LIST, No loss of the original has been
proven, and therefore no foundation laid
for secondary evidence.
I'd, The proof does not show that the
laws were made by bona fide miners OF
the Meadow Valley Mining District.
81, The book itself was only copy,
and inaccurate and unreliable, and it
WAS transcribed by one who was himself
not citizen of the Meadow Valley min
ing district.
Further, when the location of the |
Panaca ledge was made the laws were |
not in existence, and it is not, therefore, |
controlled by those laws. And, further,
there WAS no law of the Territory of
Utah authorizing the making Of such |
laws or recognizing them rs valid.
The copy of the location was objected
to because
LIST, 1t was not copy of the notice
posted on the claim.
I'd, The notice of location was void
for uncertainty, and from its being in
capable, from its terms, of imparting to
anybody notice of an appropriation of
mining ground. 1t refers TO the survey
of the County Surveyor. but does not
| show what ground was embraced.
Sd, The record was materially changed
from what it was when made at the time
the copy was made.
| Further, it purports to bear the GER
tificate of Sherwood by Shut. his deputy,
and Shut was not appointed Deputy un-
til long after the record was made, and
the record was made outside of Meadow
Valley district.
All the other papers offered in evidence
were objected to on the same grounds.
In clear and forcible speech of about
an hour Judge Mesick argued for rul-
ing to sustain the objections.
Judge Lake made a few suggestions in
regard to the manner in,,which the plant
ifs proposed to introduce the documents.
He thought the laws should be first con-
sidered. ....
Colonel Thornton argued that although
the first claimants on the Panaca ledge
may be unlettered men, they never, in
their future relations, FLASHED in.opinion
rs to what their rights were, MS under.
stood by each on the day of appropriation.
After the lapse of nine years they come
to the witness stand, and, with striking
accuracy on the main points MS shown by
comparing the various branches of testi.
mony, corroborate each other in proving
this. He said it is immaterial that the
|; recorded locations vary in form from the
) first notice of appropriation. As to locat
: ing for absentees. that is the common law
: of the miner, and the custom has beer
! sustained by the Supreme Court of botf
; California and Nevada. The first notice
e is in itself sufficient to invest right
: ! through appropriation, if it carries on
h the intention of the appropriations as t,
!; the amount and location of the propert
!; appropriated, and if there is no prior claim
VI ants, the future record does not destro
n the validity of the claim. The record i
!; only means of perpetuating the fact @
!, appropriation. Tho first notices on tn
!. Panaca ledge were unusually clear as
is the amount and position of their variou
N interests. They have acted honestly an
e in good faith with each other. Who, tier
ID could they have defrauded? VIII
40 could they have sought to defraud
d. There were no contesting claimant
re They stood here alone, surrounded /
re hostile Indians, and located the fir
TIL titles to the Panaca ledge; and long afte
no through dangers and privations, mai
Me- tanned those tites-with their lives
ne their hands they sank shafts, excavat'
pa cuts and extracted ore. What reco
ng proofs could be stronger or more sati
in factory? In the face of these facts. he
Or; trivial and ungenerous are efforts
'el defeat rights thus acquired by pointil
N, m to alleged irregularities in the mann
IN, ph,oh fhax ,n,Io tha ,.1i ack ,xriff ;.
We records. 1t is in the evidence that eve
w ledge left their locations it was und
eet circumstances which strengthened t
#; presumption of intended developmei
MI Judge Mesick urges, rs one
in his obj ctions to the valdi
Ok. of the laws of Meadow Valley Mi
OF ing District, that they were Il
'ns authorized or recognized by any law
md Utah Territory Was not the Comsto
rs; lode within the boundaries of Uta
no. Did the gentlemen on the opposite 81
N"' ever hear, in all the litigation in viii
er, the Comstock has been involved,
nu- validity of the first laws of that mini
the district called in question on su
1T it ground? Is it not the highest right,
our highest duty of tue Court to protect
Ice; sacred rights of these early pioneers a
t sae save them from the grasp CT those W
of; are artful through practice and power
ace; by means of their wealth?
val Col. Thornton spoke about an ho1
t iue This forenoon the argument will be &C
cut cluded by Judges Mesick and CARRIER.
,on-
anne
81. CEREBRo SPINAL MENINGITIS. -
Hike Valley, two children of Mr.. Ri
here ,ss. are suffering from this dangerous ms
saw dy. DR.. Bergstein is in attendan
I rep. This is the same disease that was kno
psh, through California as the spotted fe,
lis it is epidemic in form, and fatal
ana nearly every instance. ,a. s.,..
book FRESH PRov1s1oNs.-Charles Clark
on =.
cts the cooperative store, lower Main str
;, sne has just received an invoice of che
eral- family hams, bacon, lard, eggs, but
ords potatoes, ETC., from Utah, all of wi
+ be- n he offers at low rates for cash. See
ne Of advertisement in this issue.
feet REMovAL.-The popular cigar firm
cor S. Folk & Co. have removed their p
,dow of business to the brick building KIN