Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1881-07-24

had no power to issue it; you have a duty
to perform; nobody can abridge your juris-
| diction and authority; until you have acted
no one else can act; it is for you to say who
is entitled to this land; that duty is plain
and simple on the proofs; the Victoria pat
ent is lugged in here TO do by indirection
what could not be lone directly; the same
ground was in controversy and between the
same parties; the Uncle Sam and st.
George are both prior applications; the
Victoria did not conflict with our surface
and we were cut off from protesting in that
case; it is the ledge and vein thai is sold
by the Governments; that is what is decided
in the patent; this Court has jurisdiction
to try the right Of possession; you can't be
deprived OF that right by any amount OF
hocus pocus; our complaint is perfect for
this purpose; the st. George patent is new
matter, but not q new cause OF action;
it shall be deemed c~ontroverted under
the statute /; the statute says you shall de-
termine the right Of possession and render
a proper Judgment what is "a proper
Judgment " in this case we maintain that
it includes the fullest relief, your Court
being an equity court in which the law is
also blended we have shown this pa
tent to have been issued without authority,
and it is therefore void ; who will gainsay
that We are not entitled under the plead
ings to full relief, and such relief as will
effectually quiet our title we stand on our
prior and continuous and u~ndisputed pos
session (; they come here with q void paper
against US, which they have not even the
courage to defend they haven't even
apologized for the action OF the Land De-
partment for attempting to usurp the
jurisdiction Of this Court it was a ras-
cally piece of business smuggled through
they knew they had no Jurisdiction to issue
it M respectable lawyer will defend or
apologize for them l have no doubt that
under the authorities we are entitled to o
decree holding the Richmond Company as
our trustee but the form Of the decree is
immaterial have we any rights /; has your
authority to determine this action been
stripped from you by the unlawful
act of the Land Department !;
when ar answer had been putin the Court
may grant all the relief embraced in the
issues; nobody but this Court can decide
who is entitled to this patent; under the
philosophy of pleadings WI are entitled to
full relief, including the use of the St.
George patent insofar as it conflicts with
our prior location and possession; the U.
s. statute says the Government shall con-
vey on your decision, and on the decision
Of no one else; we want the case deter
mined on its merits; technicalities cannot
prevail against substantial justice; Courts
are maintained to do justice between man
and man; our claim for a judgment ia as
clear as day; we are entitled to all relief;
we are entitled to this property by every
reason in law and equity Rose was there
first he located and worked in good faith;
a fraudulent cabal at Washington cannot
rob him of his rights no Court will per-
nit it the world knows that Rose owned
this claim the world knows that this liti-
cation is the result Of the wrong and the
fraud Of the Richmond Company, and all
Of this trouble and expense comes from
that wrong act and shall they by their
wrong, by their fraud, by their duplicity,
by their oppression and by their power be
allowed without law and without right to
rob this man of his title every honest
man in the and will say no
We have not attempted to follow Sena-
tor Stewart literally. being able to give
only the more salient points Of his power
full argument. He quoted largely from
authorities in support of the several posi-
tions assumed. At the conclusion Of the
Senator's speech, the court indicated that
the decision would be ready by next Thurs
day morning, His Honor desiring on that
day to depart for Phoebe to open the Lin
coin term.
Thus ends one of the most exciting min
ing suits that has ever been tried in Eureka
Gounfv