Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1878-08-27

and annullsd.
In accordance with said demand inc
circumstances attendant upon the grant
ing Of said patent and when were
alleged I be fraudulent oy tne s'e'rA
Nevada Silver Mining ssis
reviewed by the United States Comnis.
sioners OF Public Lands WIN 'ne iesai'
above stated. ltis not however, 10 10
supposed that the demand ior the sur,
render OF the patent VIII 10 comp,ieu
With by the Union consolidated silver
Mining Company: and. SINCE patent
nee issued cannot be by the uovern-
msnt forced back. the only way to over
come tho wrong Is to attack u IN the
courts and have It adjudsed to bs OF no
eiisct-in other words. fraudulent and
void. This the Commissioners recon.
mend the Attorney General to do, aud
suit will be brought IN the United states
Court accordingly.
In order that the readers OF the NEWS
may be able to form nm idea OF the pro.
ceedings thus far in the case and also OF
merits OF the claims oi the Sierra Ne.
vada TO at least 2oS feet OF the GOO OF
the Union Consolidated. We transcribe
the main points OF the affidavit ON
which the proceedings were founded.
The affidavit Is dated November "a
1875. and Is very lengthy and minute In
details ; 49,,
John Skae being sworn says thai ne
Is President Of the Sierra Nevada Silver
Mining Company, an incorporation. ETC.;
that August 10. 1865, the said company
owned 2.Ci0 feet Of the Comstoek by
virtue Of q location made June ~.
1859. Then follows descrip-
ton OF the claim.) That on the
10th day OF August, isGs. the said com.
pany was In possession Of the whole Of
said ground ; that on that day said COM
pany, through its Superintendent, Rob
srt Apple. made application for 4 patent
for said grounds (No. 1922. and legal
notice was published and posted accord.
inely that neither the Union Gold and
Silver Mining Company nor the Union
Consolidated Mining Company filed any
protest within the required ninety days.
and said application Is now on fle with.
ont protest. adverse claim or objection /;
that on the same day the Union Gold
and silver Mining Company made and
fled nm application mo. l3D Tor patent
for COO feet Of the Comstock lode that
in said application the said Union Gold
and Silver Mining Company sought 10
obtain n patent for the south 29S feet OF
the ledge claimed by the Sierra Nevada
Company. and for which application for
patent had been made as aforesaid.
| Said depon.nt further AYERS that said
application was made through the con-
| niyance OF Robert Apple. the Superin.
tendent and trusted agent Of the said
Sierra Nevada Mining Company. with
the islibeat. intent and purpose ON his
part, 10 possible. to cheat and dsiraud
the company OF which he was
the agent and representative out
Of the said 29S feet; that while
both applications were pending
the said Union Gold and Silver Mining
| Company, by and through the con.
| niyance OF said Apple, aud with the
design Of injurins said Sierra Nevada
| Mining Company, commenced action in
the First District Court OF Nevada for
the possession Of the said POS feet.
which action il still pending; that Janu.
sry 1. 1865. n COMPROMISE was effected
bstvesn the Union Gold and Silver
Mining Company aud the Sierra Nevada
Ninins COMPANY, whereby for $40 900
| said Sierra Nevada Company became
owner and possessed Of ali the shares OF
stoek of the said Union Gold and Silver
Mining Company, and Is now owner Of
the same. That on the 22d day Of May,
is7l xhile said applications were pend.
inc .aid sierra Nevada Company conn.,
msnced an action in the District Court
AGAINST the said Union Gold aud Silver
Mining and the Union Consolidated
s;Ivsr Mining COMPANY. setting forth
aid fraudulent acts OF said Apple, its
Ownership Of said stock, and alleging
,h., saii Union ~Consolidated Silver
Mining COMPANY was proceeding 10
prosecute an application for patent
Tor The claim described In the
application Of said Union Gold
and Silver Mining Company for
patent. and asking an injunction
restraining said Union Gold and Silver
Mining Company thsrsfrom. which III
junction was granted, duly served. and
Il now in force. That on the 9th OF
MAY. 1874, and after the commencement
Of said action and service OF said in
junction, NJ. j. Mcdonald a. President.
and L. j. Owens a. Secretary Of said
Union Gold and Silver Mining Com.
pany. made a deed on behalf OF said
company to the Union Consolidated
Silver Mining Company. which deed
deponent AYERS to DO without authority.
Dsponent further AYERS that ct the time
the Sierra Nevada Silver Mining CON-
nan purchased said stock OF said Union
Gold and Silver Mining Company said
Mcdonald was President and said
Owens Secretary OF said Stern Nevada
silver Mining Company, and were
elected and put into Office ia said Union
Gold and silver Mining Company
merely as representatives and agents Of
The sierra Nevada Silver Mining Com.
napv ami apy stock held by them really
hsiaps,J 10 ..id sierra Nevada Silver
MINING COMPANY. and was held by them
.s ia AGENT. and trustees; that said
sierra Nsyada silver Mining Company
n.vs, part,d with said stock, bat Is not