Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1877-05-29
EUREKA DAILY SENTINEL.
TUESDAY, NAY %, 1877.
THAT DECISION.

terday contains the full text of the de-
cision Of the Supreme Court in the case
OF the Ruby Consolidated Mining
Company Qimited) appellant. VS.. Her
mann Heynemann ct al, respondents.
The opinion Is by Beatty, Leonard
concurring. Chief Justice Hawley
dissenss in q very able and lengthy
argument, the ablest by far, we think,
Of the two, although we are not pre-
pared to accept his conclusions - the
correct Interpretation Of the law. AS
has already been stated in these col
umns the decision is favorable to the
respondents. The whole pith and scope
Of the opinion is contained in the fol-
lowing extract:
Under the law of the United Safes, as
II had existed for more than six years
1t the date of Heynemann's contract
TO sell, the plaintiff was incapable OF
occupying, enjoying OF securing the
Government title to mining lands.
Whether OF not, as a matter Of fact,
the officers of plaintiff knew this is OF
no consequences. As matter of law,
they must he held to have known 1t,
and to have known also that if they
received . conveyance Of the claims
and took possession Of them, they
would Immediately become subject To
relocation by any citizen Of the United
STAG -, who, under such relocation.
could at once turn the plaintiff out OF
possession, and by compliance with
the law ecure the title to himself; for,
obviously, the exclusive right of citi-
zens to occupy il incompatible with
any right in an alien to occupy, wheth-
or under a location made by himself
or purchase from q qualified locator.
In opposition to this, Judge Haw-
10y contends that the contract between
tile company and Heynemann was in
every way legitimate; that there
was no intention to defraud the
Government or evade the law, and
that Heynemann should be made to
fulfill his contract by the specific per-
Torrance Of what he had agreed to do.
The Chief Justice cites a grand array
Of authorities in support Of his posi-
ton, but whether they are all in point
or not we are hardly lawyer enough to
determine. He does not seem to real
lie. however, that grasping aliens are
constantly evading the law Of the land
by the co~nnivance Of third parties,
possessing the qualifications to acquire
mineral land, and willing to do their
bidding. The decision just rendered
may exercise a beneficial effect in
checking the preparation OF this
character Of fraud on the Government
and its citizens.
The Enterprise in discussing the
opinion Of the Court loses its temper.
1t also gets badly mixed on the facts
Of the case We append the subjoined
paragraph from q leading editorial on
the subject:
In the whole history Of the State
there has not been a more deliberate
and despicable outrage than this oil
Heynemann's. The complaint states
that while in charge Of the
property Heynemann and some
others Of like ilk located the best
mine of the company under a new
name; that Is, estimating the pitch and
direction Of the ledge by the showings
In the upper workings, these men,
fearing their proposed larceny would
not succeed in the Supreme Court,
fanked and covered the claim by a
new location. This point was not adju.
dictated, but it shows in what a spirit
of deliberate villainy the man Heyne
manu- went to work. There is no re-
dress in the courts, but in early times
in Eastern Nevada there were rulings
In the great court Of public opinion
which secured all the equities in a case
like this. Those rulings will bs found
in a work called shotgun, loaded with
twelve buckshot and four drachms OF
powder, and manipulated by a steady
hand-a most valuable work, with
notes by Coroner.
It Is not true that Heynemann, after
ascertaining the course and dip Of the
ore, located the best mine Of the com.
pany under another name. Captain
Platter located the Atlas mine and OBJ
tanned q patent therefor, but this loca.
ton in mo way interfered with the
property Of the company that gave
him employment. He went entirely
beyond the end line of the Dunderberg
TO commence his survey. THIS, as an
American citizen, lie had q perfect
right to do, and more particularly as
he did not appropriate one inch OF
ground claimed by the British Com.
pauy. The Enterprise ought to re-
member that there are two sides tn
every ~ We imagine, IL IL could
get at the true inwaidDess of this bust.
ness, It would find that the equities are
not all or the side OF the Londoners.
It would possibly discover that the
company conditionally purchased the
property and advanced q considerable
sum of-money;- that by the terms oi
the contract ample a were to he
sent over To fully develop the
property that this part Of the stip-
ulation was openly and notori.
ously violated for years; that
finding themselves in this p~redicament
Heynemann and his associates pro.
ceeded to raise the necessary funds on
this side to cary on the work; that the
London Directory was repeatedly and
psrxistently notified that unless they