Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1873-04-02
The Great Mining Suit.
TUESDAYS FULL PROCEEDINGS.
FORENOON SESSION.


IN the Panaca ledge; he died last May; took
charge OF his papers; they have been in my pos
session. except one time, when took them to
Mr.. Chamberlain, at Eagle Valley, to look over;
they are again in my hands, and just as Mr..
Hamlin left them.
H. X. Chamberlain called for the plaiutifs-I |
looked over Hamlin's papers; they were in
trunk; we looked through the house for other |
papers; there is nothing among the papers reat- |
ing to the Panaca ledge, except some Recorders |
certificates; couldn't find copy Of any CONSOLE |
dation contract.
Argument continued on the objections
of yesterday, filed by the defense, against |
tile admission as evidence of the copy of |
the laws of Meadow Valley Mining Dis
trict and of the original Panaca location.
Mr.. Wren, for the plaintiffs, said. were
it not for the magnitude of the interests
involved, he would say but little in re-
gard to the objections urged by the de-
Tense against the admission as evidence
of the copy of the Meadow Valley district
mining laws and other papers. For years
those laws were acquiesced in and OBJ
served by the miners of this district. We
have abundant evidence that the copy Of
fered is a true and correct copy of those
laws as originally adopted and afterwards
regularly and legally amended. What is
the rule in regard to secondary evidence?
The copy of the lost instrument comes
first in order, and last of all the memory
of witness. The copy we offer is
well-authenticated copy of the originals.
Most complete and unbroken has been
the evidence that the first rough draught
of the Meadow Valley laws was correctly
| Transcribed into the record book of the
district. With the majority of all the
district assembled, in their presence and
hearing the originals and the recorded
laws were carefully read and compared,
and found correct. Counsel for the de-
Tense object that copy of a copy is mad
Missile. We will consult the best au-
thorities Oh this subject. Reads. So
| we see that, from the necessities of the
case. copies of copies must often be adj
mitted in evidence, or justice would fail.
What mining laws are not copies of
copies, as they appear of record? Are
not the first records posted on the ground
appropriated? Are not the permanent
records copies of these first notices?
Now, if these records should be lost, or
withheld with the view of black mailing
those who are supposed to be materially
injured by their not being accessible,
must property worth millions be sacri-
feed because they cannot be produced on
trial? Is it not simple justice and sound
law that We may, in such case, come into
Court and before the jury, with duly GER
tilted or sufficiently authenticated copies
of these permanent copies called records?
Under the Congressional law of 1866 the
pioneers of this district had a perfect
right to adopt these local rules for the
| n~t Il g hi I;c
coveries, and to adopt them in such
manner and place rs would best suit
their convenience. Al! that is necessary
to establish their validity and binding
force is to prove that they were sane
toned by the majority at the time of
adoption, and generally acquesced in
afterwards. Has not such proof been
abundantly produced? We are told the
original notices of location are void from
} uncertainty. Did the original claimants
, ever get into controversy over any ambig-
, uity or uncertainty in the wording of the
J original notices? Were they not the only
ones affected by the establishment of
these inchoale titles? Were not then
, respective rights clearly understood and
: satisfactorily regulated under these crude
first laws?
5 Judge Lake, for the defense, said the
: question as to whether the original no.
S tees were regularly posted is one fol
a the jury to decide on the testimony sub
t mitted. He also admits that if originals
are lost, copies may be offered-copies o.
e copies may be admitted. But has proc
v been submitted of thorough search hav
: ing been made for the missing records
= Has it been established that they ar
), lost? If it has not betn shown tina
e every effort was made to procure tn
n originals, if the loss of the origin
II ais has not been clearly proven
}, then secondary evidence is inadmissible
is The copy cannot be received unless tn
d absence of the original is fully accounte
d for. The gentleman of the Opposing
IS counsel, in bis remarks last evening
Y, thought it matter Of no importanc
t. that no local or Territorial law of Uta
|. authorized or recognized the organization
1t of the Meadow Valley District Whereve
ir territory is annexed to another sovel
is eighty Courts must take cognizance {
ir the laws which prevailed in that territor
TO at the time of annexation. You mu.
IN consider the validity of the laws OF til
IN Meadow Valley Mining District wit
st | reference 10 tne LOCAL ldWS VI Otdu III u
le time they were adopted. In the case
" the Comstock lode, the first laws reg
ne lating interests in that mineral vein ha,
r. been universally acquiesced in, becaus
nd they have covered and regulated all II
various interests. 1t has never bee
found necessary to call in question the
n. validity, and therefore, by common COZ
:, sent, they have been tolerated.; they ha'
se received the sanction of consent, but a
IL, not sanctioned by sound legal principle
er- A comparison was drawn between st
If phen Sherwood, at the head of Il
Saints, and Moses, at the head Of Il
'o' Israeltes, and this distinction point
III, out-that while Moses and the 1sraelit
no carried their household goods with thel
I'm and moved in search of new lands
NJ the purpose of living on and improvi
IN them when found, Stephens poll
W., was simply to look in the dire
ice ton of wherever he suppos
icy there were rich mineral veins, q
gu create the title of himself and followt
ue, thereto by making memoranda of
I've fact in an account book in Salt LAX
Un' few weeks later. In Salt Lake Cit
we "a" over 800 miles away, Recorder Sh
h Ises wood opens his Office, appoints his d.
,m uty, and proceeds to make laws
'.n' records for the government of tn,
yVo,1J ~ NOT have hp6n lp