Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1873-12-10
ruE RAYMOND d ELY VS.. THE
UeyTUCKY MINING COMPANY.
Judse Beatty's Decisics.

Judge Beatty's Decision.
c,.,s of Nevada, County of Lincoln-In
the District Court OF the Seventh Dis
The RAYMOND & Ely Mining Company, q
CORPORATION Plaintiff, against the Ken
,ncky G old and Silver Mining Company
"a ~aCorporation, Defendant.
-,ynrsos AND CONCLUSIONS BY THE COURT.
By stipulation of the parties, this cause
was tried before the undersigned Judge.
The controversy involves the title to
ona thousand feet of the silver lode situ-
ated in Phoebe, Lincoln County, Nevada,
now commonly known as the Raymond
i Ely vein.
The value OF this mining ground is
understood to be very great, and that of
the ore which has been extracted from it
bv the plaintiff still greater, the aggre-
cate of the two amounting as stated dur
ins the argument, to four or i've millions
of dollars.
As was to be expected in the trial of a
cause of such magnitude no pains were
shared by the parties or the distinguished
counsel who represented them, to pro.
dpce all the attainable evidence, and en-
force every legitimate argument bearing
upon the issues involved. In fact it re-
suited that the Court was occupied four
teen days in hearing the testimony, and
two days in addition with the argument.
When the case was submitted for deci-
sion, at the close of the argument, there
was but one point decisive of the contro-
yersy as to which felt tolerably satis-
fed. | considered then that there had
been failure on the part Of the defen-
dant to establish the identity Of the vein
upon which the Kentucky Company loca-
ton was made with that in controversy,
and might have given the plaintiff a
Judgment on that point alone. But o
decision resting upon that point alone
would have been equally unsatisfactory
to the parties aud to myself. 1t was de-
sired upon all hands that other more i'm
portant and more interesting questions
involved in the controversy should re-
ceiye a full discussion. For that reason,
felt obliged to reserve my opinion until
should have an opportunity Of review
ing the testimony and the authorities
NulNu WciC SitSu uuAhSS thO uulCAt.
The anxiety of the parties for an early
decision, and its importance in view OF
dependency of another action, in another
Court, involving the same matters, have
constrained me to devote to this review
of the voluminous mass of the testimony
much less time, and much less scrutiniz.
ing attention than were to be desired.
The same considerations will prevent
iue from giving with any fulness the
grounds of the conclusions have reached
as to tho facts of the case.
1t may indeed be that any sort of re-
view or analysis OF the testimony would
have been wholly out of place in these
findings, but nevertheless it would have
been more satisfactory to have gone
somewhat into such discussion.
Conining myself then to what is es.
sential, I find that the facts Of the case
are as follows:
The parties are California corporations
carrying on the business of mining for
silver in Phoebe, in this State. The
plaintiff claims the ground in contro-
versy under four separate locations. of
which shall notice only two-the Pa
naca and the Lghtner. The defendant
claims under the Kentucky location.
As to these locations, the facts are as
follows: l.-
Prior to the year 1866 that part of Lin
coin county, where the Raymond & Ely
vein is situated, belonged to The Territory
Of Utah. By the act OF Congress OF
May 5, 1866, Chap. AZ, and by the subse-
quent action OF the Legislature of this
. II
Nevada.
In March. 1864. or earlier. the crop.
pings of the vein had been pointed out
by an Indian to Wm. II. Hamblin, who,
with Others, staked off several mining
claims along what appeared to be its
course, calling the location by the In
dian name of metal--panacao or panacker.
On the l7th OF March, 1864, Hamblin
and Daniel G. Gill, two of these earliest
locators, were found upon the ground by
Stephen Sherwood, Thomas Box and j.
N. Vandermark, members OF the pros.
pectlng expedition from Great Salt Lake
City. There were some stakes on the
ground at that time, marking the extent
OF claims previously located, and some
digging had been done on the groupings
OF the vein at the point known as the
discovery Point, about fifteen feet north.
east IRON the shalt afterwards sunk, and
since known as the old Panaca shaft.
The Sherwood party, who had brought
WIN tnem copy OF code of mining
laws In force in some OF the mining dis
ITiets OF Utah, proposed to Gill and
hamoln that they should unite with
'nem IN organizing a Mining District
with similar code Of laws for the pur
pose OF protecting their locations and de-
hnlng their rights. This proposition
wa was NOT at hrst distinctly assented to by
hamblin and Gill; but at Sherwood'l
request, and in order that the Salt Lake
party might have an opportunity Of locat
ing the unclaimed portions of the vein
.hey pointed out the limits of their
cia'ms and those of their friends, anG
G;o'operated with Sherwood and his party
~ setting stakes and posting notices fol
.hs purpose Of more clearly defining
nose limits. They FIRST set a stake a
W. .ae discovery point, aud then taking
s!o apparent course OF the vein, as in
aicated by the groupings exposed at th,
discovery point, they stepped off dis
Ance OF two hundred feet in course
sonth' II deg. west, and set second
a'ake TO mark the southern boundary o.
Waat W they called the discovery claim o.
M' Mmm' Hamblin. They next stepped off {
Instance OF one hundred and fifty fee
Tp -ro.h TINS point on the same course, AM
nnomas Box set stake to mark tn
oHa.nern boundary OF what they callet
iam oia; NO. /, south of discover,
Si.am' Sis' belonging to William Pull
Sler. a They then returned to tht
otiScoSery point and stepped off distanc
y. eight hundred feet in the opposite di
aeetion to point where Sherwood set
sake to mark the northern boundary o.
tae d Claims OF Daniel C. Gill, A Gibbons
D. grow and H. ChamUs r,ain. e
having planted these stakes, they mex
proceeded to post three notices--one OF
,hs ,h stake at discovery point, another OF
s;s sue STAKE at the southern end OF the Pull
s;"h. r claim and the third on the stak
sn. no hundred feet north Of discover,
poant. tpht. What were the exact contents O
,uese notices is not known, as they wer
hsvsr hevs exactly recorded, and the original
nron,i Grove long since disappeared from tn
.rti tnat posted at discovery point was, il
ssat,ostance, the same as tie record of