Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1881-07-16
The Wren Doctrine.

For twenty years prior to the passage of
tho Act OF May 10. 1872. 1t had been the
custom on this Coast for any miner who
uncovered a lode to take up an additional
claim for discovery.
In 1876 Congress limited all mining
claims to 200 feet along the lode. with an
additional 200 for discovery, to the one
who discovered or uncovered the lode.
This legislation was not intended to es-
tablish any new rule; on the contrary, the
whole spirit Of the Act shows 1t was in
tended to be in exact conformity with and
Is confined to existing customs and usages.
After the passage Of the Act OF 1866, as ia
well known, this custom continued: Upon
the discovery Of q lode to take an addi-
tional claim for such discovery.
The obvious meaning Of the Act, as uni
versaily construed by the miners, was that
q discovery meant to find or uncover q lode
within the limits Of the claim located.
In this district the usual practice pre-
vailed. Previous to January, 1S72-the
I'M OF locating the Uncle Sam claim
l,3os claims were located, and OF this
number 927 locations, or over 10 per cent,
tool an additional claim for discovery.
To defeat the Uncle Sam location, Mr..
Wren has taken a new departure, and has
announced for the first time in mining lit
igation in our district, the doctrine that
the discovery, TO entitle q person to one
additional claim, must be the first and only
discovery OF the lode. That. although a
discovery might be made miles distant and
not known for many years to be Upon the
same l0da. vet ~ ~ ahnvll afI A.r.
out by development that the same lode
had previously been discovered at any
point, all locations subsequently made
upon this lode would be absolutely void.
III this doctrine is maintained it will
open a fine field for litigation. It will
probably effect from 600 to 800 Of the
leading mining claims in this district, and
plunge them in endless litigation.
II II Is necessary to sustain such q con-
struction OF the law to satisfy the demands
OF the double-headed Richmond Company,
OF whose share capital not one share il
owned in this country, 1t is an unfortunate
thing for our miners aud this district that
this company ever had an existence.
IL 10 quite bad enough that our liberal
laws should enable such o double corpora
Non, az the Richmond Company Is known
70 DO, TO exist among us by q legal fiction.
ous Waen our courts are called upon by
the counsel OF this English concern to ruin
hundreds OF our miners by putting q forced
and outrageous construction upon the
laws and customs Of our people, In order
that this double-headed corporation NAV
obtain, by foul means, II not by fair. an
adjoining mining location, II is about time
that we should see that this hydra goes no
further.
We are led to make the foregoing re-
marks from listening to the testimony of
Mr.. Rose, who located the Uncle Sam
claim. His testimony, which was clear,
concise and given without hesitation,
would certainly convince any one listening
to II that he told the truth throughout,
n that he was honestly entitled TO his
claim, although his hydra-headed neigh
Dor, the Richmond. has for years boen
trying by all means. except by purchase, 10
take II away from him. Having failed In
oil other ways. they now seek to acquire II
by the new doctrine invoked by Mr.. Wren.
We cannot for u moment believe that any
Court will sustain such a monstrous doc.
trine. And in order that its author should
have among our miners full credit for its
conception and birth, we have christened
1t 1.-THE Wren Doctrine"