Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1879-07-10


The following decision Of Secretary
Schurz made July 2, has . local as well
rs a general interest
The Secretary Of the Interior has an.
nounced a decision reversing the dscis.
ion o. the Commissioner Of the General
Land Office in tho case OF the Iowa Min
ing Company versus the Bonanza Com
pany Of Nevada. and laying down q new
principle Of great importance in mining
controversies.
The Bonanza Company in January.
1876. made application for 593 feet Of
the Lucky Baldwin lode. The Iowa
Company, holding an adverse claim.
commenced q suit thereon in April. 1875.
BY ding Q complaint in the First Dis.
trict Court OF Nevada. and causing q
summons to be issued. Il was shown,
however, that a. late a. May "a, 1873,
service had not been perfected on the
defendant, and that no further steps had
been taken by the plaintiff in the prose.
cution Of said suit. The General Land
Once on this state Of facts decided last
October that the Iowa Company had
waived its adverse claim BY the failure
to prosecute the said suit with reasona.
BILE diligence, and that the Bonanza
| Company was therefore entitled to re-
ceived Q patent as soon a. the ordinary
requirement Of the mining law should
be complied with.
Secretary Schurz. in reviewing this
decision, says 'Section 2326 OF the
Revised Statutes provides. in plain
terms, that . failure on the part OF an
adverse claimant to prosecute his suit to
Judgment, with reasonable diligence,
shall be q waiver Of his claim /; but It
does not provide. either in terms or by
necessary implication. that the General
Land Office shall decide what consti.
tutss q reasonable diligence while the
suit il pending in court. The object OF
this law clearly was to require parties
claiming IN adverse interest In land In
cluded in the application for . patent to
try the right OF possession and have the
controversy determined by the State
Courts before the issuance Of the patent.
The question OF diligence In the prose-
cution Of . pending suit is a much a
question for the determination Of the
court IN any other question OF law or
fact which may arise In the progress Of
the case, and which, after the court has
acquired jurisdiction, should Be left for
its determination"
The Secretary points out that other.
wise the General Land Office might hold
that reasonable diligence had not been
exercised and issue q patent while the
court might give judgment for the cd.
verse claimant, thereby producing u
conflict Of authority and confusion OF
titles, and. N = consequences, further ex.
pensivs litigation. etc. He therefore
says:
81 am Of the opinion that the proper
practice in cases OF this character Is, for
the defendant. II in his opinion the suit
10 not prosecuted with reasonable dill
gence, to move the court to dismiss the
case for want OF prosecution, and II the
motion is granted. cause the Judgment
to DO certified to the General Land
| Office, when Q patent can DO issued
without conflict with the jurisdiction Of
the courts or the rights OF parties In in.
tsrest."
The Iowa adjoins the Andes on the
north, and is directly west Of the Mexi.
can and Union Consolidated. A tunnel
has been run into 0phir Hill. cutting
| the west ledge. Not q little interest at.
tached itself to the development Of the
Iowa at the time 1t RAJ being worked.
| from the fact that, owing 10 its situation.
II was prospecting this west ledge on a
much lower level than had been reached
by any other mine on tho whole lode
This Ii now being done by the joint
California Consolidated Virginia west
drift, $50 level. Where the ledge was
cut in the Iowa tunnel 1t was found to
be 200 feet wide-much wider than
where opened at q higher level elsewhere.
It contained clay. quartz and porphyry
in abundance. and ore in streaks and
punches.
Such being the case the Iowa consid.
cred the prospect worth following lower
still, and hence 0 shaft was sunk 2l5
feet and q drift started on the 200 level
for the ledge. But this was, II memory
serves Alright, never continued to ita
destination.
The complaint Of the Iowa company
in tho above case simply asks for the
restitution Of the property, $500 dam
ages. and the costs Of suit. To-day in.
structions were received at the Clerks
office to Immediately put the papers In
the hands Of the Sheriff for service on
the defendant. which was accordingly
done.