Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1881-07-27
RICHMOND WINS
Decision in the Great
Case.
VICTORIA ON TOP OF
UNCLE SAM.
The st. George Patent Alb
solutely Void.
Roses Suit Prosecuted with
Due Diligence.
ROSES POSSESSION PERFECT
FROM 1879 TO DATE.
Roses Discovery Claim
Valid.
Everything for the Albion, Except
the Mine.
THE CASE DECIDED ON A POINT SCARCELY
RAISED IN THE SUIT.
Everything for the Albion, Except
the Mine.
THE CASE DECIDED ON A POINT SCARCELY
RAISED IN THE SUIT.

RAISED IN THE SUIT.
The decision in the great case between
the Albion and the Richmond mining com.
panies is to be rendered in open Court at
10 O'Clock this morning. 1t occupies about
30 pages of legal cap, and is a substantial
victory for the Richmond, SO far as this
Court is concerned.
There were q great many rumors flying
about the streets yesterday afternoon con-
corning the nature, scope and effect Of the
opinion. The SENTINEL reporter set to
work to gather its true i~nwardness. From
one source and another he learned the
following facts
The st. George patent is declared TO
have been issued without authority, and is
therefore absolutely void and worthless.
Roses protest suit on behalf OF the Un-
Gle Sam was good and prosecuted with due
diligence.
The SIS Court fee was paid within the
meaning of the statute.
Rose was the real ~discoverer Of the I'm
Gle Sam ledge, and had a right to take the
extra 200 feet for the discovery.
The Phillips claim was abandoned and
cuts no figure between the parties.
The Tip Top should be governed by Its
stakes and monuments as fixed at the time
Of application for patent, thus giving to
the Uncle Sam the twelve feet three inches
put in controversy by the latter claim.
In short, every material issue seriously
contested by either party on the trial is de-
cidedly, clearly and succinctly for the Al
bion.
But here comes the rub in this unex-
pected decision.
Along with other paper titles the Rich
mond threw in the Victoria patent. The
Victoria lies parallel with and north OF the
st. George. 1t is a younger claim than
either the st. George or Uncle Sam. Dur
ing the tendency of the present suit, and
before the court had determined whether
the st. George or the Uncle Sam should
become the purchaser from the Govern
ment Of the disputed territory, the Rich
mond gets a patent, without protest, for
the Victoria claim. On the big ledge
theory, the court decides that the Victoria
patent takes the identical ground in dis
pute from wall to wall. The st. George
patent being once overthrow, every log
ical deduction would seem to point to the
conclusion that the Oldest and best right
thereupon vested in the Uncle Sam. In
this regard the opinion has the appearance
Of carrying on its face the broadest con-
tradiction. But it is perhaps not in order
to review 1t until we shall have had fuller
knowledge Of the reasoning.
The Victoria patent extended across the
ledge will come very near taking the Albion
hosting works. 1t does not go Is far as
the Price & Davis, fortunately.
There is no likelihood that this litigation
will stop here. Everybody knows that the
disputed premises equitably belong to the
Albion, and the officers Of this company
express a firm determination to pursue the
case until they shall have recovered what
they conceiye to be justly their property.
The decision will be a great surprise and
disappointment to Q vast majority Of this
community. II il had gone off on any Of
the issues holly contested during the trial
there would have been less surprise. This
Victoria patent, II regarded as important
by either side, called out less discussion
than almost any point raised in the pro-
gress of the case.
The Victoria patent was in before Judge
Rising on the hearing Of the order Of in.
junction. He merely inquired its date,
and finding that it was later than both the
St. George and Uncle Sam, decided from
the bench that 1t cut no figure in the case
1t 10 possible that a stay OF proceeding
may be granted this morning for q period
Of 80 or so days to allow the Albion to taxi
thu Case To n higher tribunal.