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

Their privilege Of purchasing at the rate
OF Ave dollars per acre, any unclaimed
mineral lodes cut by the tunnel and be-
ing not moro than two thousand feet
distant therefrom.
The manner in which this law was
drafted, disclosed . purpose on the part
Of Mr.. Sutro and his associates 10 secure
to themselves an undue advantage over
the mining companies, an end that would
have been accomplished had not Con-
gross taken measures 10 defeat II. As 1t
was, these companies not being advised
Of any such intention, and having no
one to look after their interests In
Washington, regarded this rs an unfair
proceeding; and being now convinced
that they were dealing with aparty alike
destitute OF means, credit and honorable
principle, they resolved that they would
as soon a. the year was up, exercise thar
option TO terminate the contract, which
was accordingly done, and the Tunnel
Company, who had failed to comply
with any Of its conditions, or even shown
an intention Of doing 30, were duly no.
tilted to that effect; the mining com.
panies from that time on, treating the
contract as annulled and cancelled, and
forbidding the commencement or pros
ecution Of any work under II.
II Is not pretended by Mr.. Sutro that
he complied with the terms OF this con
tract within the time therein designated
for performance; his failure having been
due, as no alleges, 10 the our pur-
sued by his advsrsaries, who 30 pre-
JUDGED the public everywhere against
him, that he was unable TO raise the
money necessary TO q fulfllment on his
part. What Is said by Mr.. Sutro in the
first pamphlet published by him on this
tunnel business Ia conclusive on this
point. After ~narrating the difficulties
with which he had been forced TO con
tend. he therein, on page AZ, remarks
as follows; eve at last set to work on
the 18th day Of October, 1869, We
started the tunnel on q small scale. for
our means were limited. We simply
made Q beginning. etc." On the ncIt
preceding page he tells Vi what was the
extent Of these means, and how they
were raised. This IL his language: The
Miners Union subscribed S5O,OoO-that
helped start the work; these laboring
miners did that; they put in this trifing
amount OF money" on the assurance Of
Mr.. Sutro, 40 he afterwards adds, that
they would by contributing Ave dollars
each per month, come at last TO own
both the tunnel and the mines. This
was more than q year and Q quarter NJ.
ter the extended time had expired, with
in which three millions OF dollars were
to have been subscribed In good faith.
ten per cent. Of which was 70 have been
paid In, and $500, 900 expended upon
the structure,
About this time the holders OF this
tuhnei irahohihe' i've III humocr, iornieu
'h'inssives in'I T.,,assu; mf.h
NY a "@.. in Cav r,.n,;.oo
'h'ii 'm' '"
SUITS COMMENCED IN Eourrr-TirEin PROD
ABLE RESULT.
Having awaited the full expiration Of
the time fired hy law and named in their
contract within which this work was to
have been finally completed, these min.
ing companies have now commenced
legal proceedings against this Tunnel
Incorporation, for tho purpose Of having
the agreement formerly entered into with
the associated members thereof rescinded
and delivered up 10 be cancelled; and
further, that the plaintiffs be adjudged
and declared TO hold their mines free
from oil liens or claims by reason there
OF. Eleven suits in equity have already
been commenced, with the probability
that many more may follow, and there Is
little doubt hut the plaintiffs will obtain
the relief sought, a. both the law and
equities Of the case seem 10 be with
them,
-ur ooxo,,ss,ox,n LAW pr,p LETTER.
a..
IN 'he hct Oh congress, Pa.sea =. sho
INSTANCE oI .he runner my, - ue-
clIea .ha, .ho oNhe,sv, M ~ on
ht,ed ~ TINS WORK .nAii hola ,ho sain0
subject 70 the conditon lwhion snaiI oc
expressed IN any grant tney may mere.
n,.er oo'a,h IRON ,no oniSeu o,as e %s
they shai pay 70 inc owner, ,neIeoi 'no
same rats OF charges ior sucn vcnen's %
nave been, or may tnereaI'cr % named
IN agreement petweea saoh tunnel own
ers and he companies se~prssehung q
majority Oh tne estlma1ed ya,ue OF inc
Comstock Lode ~ q ume OF the passage
OF n Act ,., a,
h law, though a little obscure and
rather loosely drawn, Is suihcienuy b.
plicit 70 denote the ends 10 DO
subserved pyits enactment, wnich were
tina these mining companies should, IN
consideration OF the DehenIs mehuonea,
pay 70 tne ianhe, sush ra'e
Oh chafges as naa oesn . IN
ce,lain aS.eomn' pIe',Uusiy n,.u anu
sn'efea inso Nv aeso pu =,
sucn ,Ate As nigh' Ai'orsAius 70 uer0eu
upon os.Ween MEM. u Ia'o oi
charges IN no' IN q law, .no
question hirsss, NOV 10 asoe,-
uinedt oer.nlhly' ~ NO o.ner way
una py GohsaiuSs Nc "srmon f
ierreu ~, ~ M "" Is,,.sa
.sh sea =, w. s.I.u ~, ns..h,s on
eaen .on =, ~. Trnnai dgn.n, ~
nnnaiaon: ,hs,.;n az, torth .nd
'- ~ h.s. 49, sI.o,dw a,jrdnd 80
WIZ. 1870 - an. oon,r.ct y.
~ w mson. -S.r.bv ~. osn a, ,hs
49, - sh;s ,os.i,s .nS whsr ,stsr.