Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1877-08-23
SAN FRANCISCO.
l.rse'.l TO THE HOLD un.L D.,lr ..~,.I
The Great Eurska-Riehmond Min.
Ing Mutt Groands OF she De-
cisfou-The Richmoud 70 be sued
for $500, 600.

for $500, 600.
SAX fnAscisco. August 22.-In the
United States Circuit Court for the District
Of Nevsda-sitting in this c~ity-Justice
Field delivered Al opinion this morning
In tho great mining case entitled ''The
Eureka Consolidated Mining Company vs..
The Richmond Mining Company Of Ne.
vada." The opinion isembraced In sixty.
four manuscript pages. and the reading
occupied one hour Of time. The Circuit
Court room was excessively crowded with
spectators, many Of whom reside In the
State OF Nevada. The action was In tho
nature Of an injunction. tho defendant
claiming the right to follow the vein. or
ore body. from its groupings on their
ground. ~ far a. they pleased. irrespeot-
i've Of tho patent covering ths adjoining
ground. After giving = history OF the
initiatory legal proceedings In the case.
and this fact that the controversy involves
property Of the value Of several hun
bred thousand dollars. the opinion
pays u high compliment 10 the great
ability 81 the respective counsel. compares
the evidence given by practical miners.
and the evidence Of scientists % 10 tbs 60
illogical formation OF tho claims. alludes
TO the glass models Of the claims. workings
and surroundings. and adds "Seldom. II
ever. have we seen u case no fully RI.
planned. and so we'll explained. A full de-
scription OF the respective claims and the
geological formation are givon." The opin.
ion then goes on tn discuss the character
Of the ,one Is TO whether II Il . confirm.
Gus lode. considers the meaning Of the
several mining Acts Of Congress. the def.
milton " the tsrm "lOde" a. understood
by miners. and A. defined by law and SCI
enco. and argues that the definition OF lode
was first given by miners and before u was
defined by chemists or scientists. and
that the mining Acts Of Congress were
formed for tho benefit OF miners. IL
compares the Acts Of 1866 and 1872, and
says "wc are Of tho opinion that the
terms used In tho Acts Of Congress are ap.
plicablo TO all ores lying In ore bodies"
and gives the character OF the walls In.
closing the minerAl.bearing rock, and
concludes that "the limestone. quArtzite
and shale must have boon broken up, OIL
litsrsting all traces OF stratilcation, ~ the
broken. crushed and assured condition
appears ON ali sides. Tho broken. crushed
and assured condition Of tho limestone
differs from any other limestone In tho
country, Oxide OF iron IL found In tho
vicinity. leading the miner 10 infer tho
presence Of gold and pilvcr.bearing rock,
anil the limestone entities II 10 tho name
Of mineral.bcaring rock. The evidence
In the ease show, that Limestone Ia a min.
eral .bcarlne earth or rock. Ono witness
testi6es that The d.nosit betwcep Inc
on.r,,it. ami sh.Is he con.iaer. ! s,nvle
denosit Anothsr witness con.iIers tbo
s[n,iro mas nj Iim~.s,ono i-n,n,sgnstsI with
mineral orc. or' In oih.r rorJ, 4 crest
lola mr. vsin' a.. c%on.idersJ Inv minor.
pnt sri.ncc Soes NOT sdopt nj. theory
Thsre i. NO opestion of ~ .inceritv or
shiii,v - Ician,is,. ho,voSsr" rha
%ooinio, oI,hors,aiv ra,isys ia .ci.,,,ac
,a.,imony ~ ci.yonos Ii,n al ,hn.s
s,,anro! ~ sns.ehos n s,. w VII.
w. .nI ,",n.' a. ~ aans,,.Inn a., W.
W., rounnn ~ ~. ,o.'. @ ,e W
a. ,n;no,. SnJ.r.,.nJ 4, Ths ,h.orv ~
sr.rs,a o. Ji.,inc,iv. x.,Is. ~ ~
,brr.fore falls 10 ,ho ground. The .cts Of
isGG and M, dealt will nsactical miner.
The concin.ion ,ss,hsI ~ ,L,t ,ho iims.
.tone In i,nby Uill constiturs one Iojo az
rocl. bcaring metal. The rival interesi.
anil respect,ye patrnts Of tbe opposinr
compapics were next considered. The
one.,ion of priority az Iocation IA deemed
~ M -consenuencc IN tho case. 10 ono
but The Government la. A ri,bt IN Object
10 me line, of location. The respectiye
n.ient. ycre fulIv sst for,I,. Tbs SefenJ.
ami. az tho oninion' claims that n aa,