Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1881-07-15
A INDUSTRIOUS DOCTRINE.
A Theory Advanced to Unsettie All
Mining TITLES IN his District.

lining Titles IN this District.
The learned counsel OF the Richmond
Company, in the present contest between
that company and the Albion, in his zeal
on behalf of his client, sets up a most ex-
traordinary doctrine in the hope that his
double company may derive some benefit
from it. II it is concurred in by Judge
Rives, the miners and mine-owners Of this
district will, until it is reversed, have such
a load of litigation to carry that no one
can see the end Of it. Mr.. Wren's point
is simply this: When a lode has once had a
location made upon it whether in that To-
cation a discovery claim is made or not),
thereafter any location made upon that
same lode cannot claim within Its limits a
| discovery claim, as the discovery right TO
locate one is exhausted on that lode, and il
any locator was so unfortunate as TO locate
or claim a discovery claim within the linn
its Of his location on that lode, it is void.
1t matters not how far distant such loca-
ton was made, nor how long a time had
elapsed between the locations. In other
words, in order to illustrate the learned
counsel's views upon this point and his
Theory, ii a. lOchteQ III lOOJ u CHILL upon
one side Of Prospect Mountain, and was
the discoverer of the lode upon which his
location was made, he was OF course enti-
tied to q discovery claim Of 200 feet.
b., in 1870. happened to find a lode on
the other side of the same mountain, and
believing himself to be the discoverer
located a claim on that lode, and in that
location claimed 200 feet as the dscoyerer.
Work being carried forward on both
claims, it is found, in 1880, that they are
both on the same lode.
In such event., Mr.. Wren claims that
the location of B. is totally void, and he
must lose all his years of work and time.
This may be law, but we don't believe It,
nor do we believe that any Judge viii
enunciate such a monstrous doctrine. In
order that our readers may form some
idea of the result in our W district OF
such a decision, we have obtained from
an exhibit filed in the case by the Albion
Company, the following facts, sworn to by
Mr.. Molinelli, the County and Mining
Recorder: Total number Of locations
made in this district up to January, 1872,
1909. Total number where discovery is
claimed and taken, 927.
From the foregoing it can be readily
seen and inferred that if Mr.. Wren's doc
trine is concurred in by the Court, many
hundred mining locations and claims will
be declared void, and the money and time
expended on them will be worse than
wasted, for litigation will certainly follow,
and no one will ever know in any claim
where there is a discovery-dnd there are
927 of Mem-whether his claim is valid or
not.
We are perfectly willing that Mr..
Wren's double-headed company shall have
all it is legally and honestly entitled to.
But we are unwilling, and we believe all
Of our mining population is unwilling that
in order to permit his company to take
possession of the Uncle Sam claim, 927 of
our mining claims should have a cloud
cast upon them until they can show by fu-
ture years of work that no prior claim was
ever located on the same ledge. Our con-
viction and belief is, if Judge Riyes enun-
eiates such a theory as this, that no mine
owner will dare to work his claim for fear
that in SO doing he might by his work
prove his location void.
1t won't work as Mr.. Wren wants it to
work. His doctrine and theory are too ex-
travagant for any one to coincide in, and
we believe. if lie hangs his hopes Of getting
the Uncle Sam claim upon this theory, he
will certainly be disappointed.