Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1874-08-06

In this Act It IL provided that all min
ing companies benefited by the construc-
ton Of this tunnel shall be required 10
pay to the propristors thereof such sums
as may be mutually agreed upon between
these parties; the most important clause
contained in the Act being that fixing
the time when work upon the tunnel
should be commenced and when II should
be completed; since, without q provision
OF this kind, none OF these mine owners
would have entered into tho agreements
that they afterward did. nor would they
have bound themselves in any contract
with these parties whatever.
Having obtained this franchise, the
grantees proceeded at onco TO negotiate
with the leading companies owning and
operating mines on the Comstock lode,
with o view TO securing their co-opsra-
ton and aid in the construction Of the
proposed work. Al some OF these mines
were at that time making q good deal Of
water. and nearly oil were suffering more
or less from imperfect ventilation. while
the amount Of hosting and lowering re-
quired to be done severely taxed the fee
bic capacities Of the works az yet erected
for that service, these companies were
not averse to entertaining q proposition
looking to their final relief from these
serious and constantly increasing diff
culties. Eight years seemed to DO along
time TO wait for the removal or, perad-
venture, only partial mitigation OF their
troubles; yet, conhdingi in the assurances
OF Mr.. Sutro and his companions, that
they could command ample means TO
enable them to make an early commence
ment Of the work, and thereafter carry
IL continuously forward 10 completion,
a contract was concluded with these par
ties on the terms and conditions herein
after mentioned.
THE ERIN OF AoRKrMEST BErwEES NE.
surRo N TIE MINING COMPANIES,
Entered into during the month Of March.
1866, were essentially as follows: After
having rscited the fact that the former
party had obtained certain rights and
privileges from the State Of Nevada.
such as have already been described. and
setting forth that the several mining
companies are interested In the speedy
completion Of tho contemplated tunnel,
these leading Comstock companies agree
that, in consideration Of the benefits
they expect to derive from its construc-
ton, and, upon condition that the pro-
p~rietors thereof shall, on or before the
list day OF August, 1867, commence,
prosecute and complete the same In &c.
cordance With the ACT Of the Legislature,
then they will pay TO them and their
assigns q certain royalty, and perform
the several other acts in q subsequent
paragraph set forth.
The undertakings On the part OF the
Tunnel Company, emitting non-essen-
tials and abridging somewhat the proliI
language Of the contract, were as fol-
lowsi
First, the initial and terminal point OF
the tunnel having been defined, II Is
stipulated that il shall strike the Com
stock Lode at q depth Of not less than
1900 feet below the Gould * Curry
groupings; that three shafts shall ut once
be sunk along its line, to the end that
the work OF excavation may DO carried
on simultaneously from seven different
faces; that the structure shall DO oom-
menced and be completed at and within
the times specified in the Act OF the
Legislature, and that operations shall be
prosecuted on IL without cessation, unless
interrupted by unavoidable accident, in
which event they shall DO resumed as
soon as possible; that by the LIST day Of
August, 1867, there shall have boen sub
scribed in'good faith. and by apparently
responsible parties. $4,000, 900, in aid OF
the enterprise, Of which ten per cent. at
least shall have boon paid in cash; that
during tho first year there shall be OK
pended upon or on account OF the work
not less than $500, 900, and during each
successive year not less than $500, 900,
the proprietors to furnish q sworn state
ment Of tho money expended each year
at the end thereof.
Article 4th OF the contract declares
that, in the event Of tho Tunnel Com
pany failing to comply with any OF the
foregoing provisions, then the agree
ment entered into shall, at the option
Of the mining companies, cease, deter
mine and thereafter be Of no effect.
Then follows q provision whereby the
mining companies may, in case the tun-
mel party fail In any Of their undertake
ings, enter and take possession OF the
work. and aftsrward prosecute 1t them
selves.
The next six articles are devoted TO q
description Of the dimensions and other
features Of the tunnel, which Is to DO
not less than seven feet high. and eight
feet feet wide in the clear. and TO be FUR
| nished with two railroad tracks for the
accommodation Of all inward and out
ward transportation II IL also pro-
vided that lateral drifts shall be run
from tho inner extremity OF the main
adit, connecting 1t with tho various
mines ; arrangements are made for the
CONVEYANCE Of ore, timber and other ma
terial, for the maintenance Of the adit
ia good condition. for making repairs,
and for divers other mining purposes,
In consideration of the foregoing oov-
enants and agreements, the mining CON-
ing companies bind themselves to pay
the owners OF the tunnel, from and after
the time that their mines shall have bosn
efectually drained through It's agency,
at the rate Of 81 per ton for every ton
Of marketable or millable orc extracted
from the same. together with the fur
ther sum Of twenty-five cents for each
ton OF ore or other material, aud q like
sum for every man taken In OF out
through the tunnel. ID
Next we have several articles arrang-
ing for q monthly return Of ore extrac-
ton by the companies. the payment Of
their dues to the tunnel proprietors, the
settlement Of any questions that may
arise between the parties by referring
the SAINT to arbitrators for adjustment,
and a stipulation that the mining COM
panies shall have the benefit OF the most
liberal terms ever accorded to any other
parties, tbs whole concluding with ANU
tual agreement that all the obligations
and undertakings embodied in the con-
tract shall be OF binding force on their
respective successors and assigns.
Mn. sUTRo HAVING MADE DErAULr, MS
oPpoSEsrs TERMINATE THE CONTACT
AND nocEE TO rREAT IT AZ VOID AND
OF NO INFECT.
Such were the legal obligations and