Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1878-11-23

An Important Suit Transferred 70
Carson.

larson.
The suit Of George W. Clark, Of San
Francisco. against McGeary and Hill
house, pending in the District Court and
set for hearing to-day, was yesterday, on
motion Of plaintiffs attorneys, transferred
to the U. s. Circuit Court at Carson. Mr..
Clark represents the frankie Scott Mining
Company, while McGeary and Hillhouse
are the representatives Of the Banner Min
ing Company. The Banner mine is a
claim Of 1900 feet Of ground on Prospect
mountain, located early in 1870. 1t has
been worked almost continuously since the
date OF location, at a cost Of over $50, 900.
It has q perpendicular shaft 800 feet deep,
with levels and Slopes at proper intervals.
The main shaft is also provided with q
good within in complete order for hosting
purposes. There is 800 feet Of tunneling
on other portions Of the mine. The ledge,
which has an average width of about six
feet on top, is easily traced for a distance
OF 900 feet. The width OF the ledge at the
bottom of the main shaft ranges from nine
to fourteen feet. 1t is mineral bearing
from top to bottom. The Banner Com
pany has been in peaceable and undisputed
possession Of this mining ground since
1870. A large amount Of ore has been ex-
tractcd and smeltcd at various times.
Lately application was made for q United
States patent to the vein and surface land.
This precipitated Q suit at law with the
claimants Of the frankie Scott. There is
o conflict between the two mines about the
ownership of q little over ZOO feet
Of the south end Of the Banner
ledge; the two claims for this distance
overlapping each other. The title OF the
Banner to the remainder of its ledge
NEARLY 1000 fect) is undisputed, and the
time having gone by for fling protests in
the United States Land Office no trouble
can ever arise regarding the ownership Of
this part Of the mine. MOI have the Ban
ner people any fear about the result Of the
suit for the possession OF the two hundred
and odd feet on the south end Of their
claim. But it is an unvarying rule in this
country that every mine Of established
value must be litigated. In this regard,
the Banner is no exception. The improve
ments on the Frankie Scott are not extern
sive. 1t is not proper to state here the
issues that will be Joined in the courts.
Two weeks ago the Banner was enjoined
from the further extraction OF ore, and
1000 sacks, en- route to the furnace, were
stopped. To entitle them to these pro-
ceedings the claimants Of the frankie
Scott were required to file . bond of -, 500
10 reimburse the Banner for any damage
sustained. On motion Of counsel for the
Banner, Judge Cole made an order that in
the event OF the case being transferred
from his Court to the United States Court,
the injunction should be terminated. The
case was SO transferred, yesterday, and
a. . consequence the injunction is raised
and the ore released. The Banner is now
free to resume operations at pleasure.
Under the circumstances the Banner boys
feel justified in claiming first blood in the
pending litigation. The claimants VI the
frankie Scott are George W. Clark, Baron
Rothchilds. and other capitalists, including
q San Francisco banking house. Bishop 4
Sabin are the attorneys for the Scott, and
A. NJ. Hillhouse for the Banner. Over
twenty old-time prospectors and miners
had been summoned to testify on behalf Of
the Banner in the District Conrt to-day,
had the case proceeded. They will all be
in Carson in March next, when the suit is
expected to come up for trial. This litiga-
tion will hardly rival the celebrated case
between the Eureka Consolidated and
Richmond. but it is likely to prove quite
as interesting to the parties engaged in it.