Daily Los Angeles herald., 1881-08-13
Tucson citIzen.l.

Of the Important Mining Litigation.
Tucson Citizen.l
In Mondays issue of the Daily
Citizen we published a statement
of the suits that had been com.
menced against the Total Wreck
Mining Company, calling in ques-
ton their title to the celebrated
Total Wreck mine, which has de-
veloped into one of the largest bo-
anzas in the Territory.
Although this is a civil suit it
is attracting great deal of atten.
tion, and its influence will be far
reaching upon all the mining In
terests of the Territory. 1t invol-
yes questions which capitalists at
home and abroad want to have au-
thoritively settled. e., whether
parties are secure in the title to
valuable property in Arizona.
We are not disposed to favor need
less litigation, but we do regard
compromises which involve princi-
pies as forming unwise and danger
GUS precedents. 1t is unwise COM
promises made to secure unques-
toned title without vexatious de-
laws of lawsuits that has stimulat-
ed the jumping business to such an
extent that it has seriously retard-
ed the development of our mines
and kept out millions of dollars OF
capital that would now be opening
up our rich mines and doubling
and quadrupliDg our bullion out
put. We therefore hope the prin-
ciples involved in this case may be
iudicially passed upon, that the
public may know what to expect.
A representative of the Citizen
called upon Benjamin Morgan. at
torney of the Total Wreck Compa-
ny. to ascertain what they had to
say of the pending litigation, and
whether they had any disposition
to weaken. We could detect no
signs of the latter, but every dispo-
sition was shown to push the mat
ter to an issue.
In order that our readers may
undersigned the case, we give Il
brief account of the locations
which are the subject of the pros
pective litigation:
The Total Wreck location was
made in November, 1873, by Dill
Ion, Vail and Harvey, consequent
ly was not subject to relocation un-
der then existing laws for the pc
riod of one year.
In May, 1879, +. d. Richmond,
G.. G. and B.. A. Hoskins, with
James Waugh as q guide, went and
located the claim as the Richmond
claim, and commenced work. AS
soon as Messrs. Dillon, Vail and
Harvey ascertained what was GO
ing on, they visited the claim and
finding none of the parties there
but the place where they had been
at work, they wrole out and placed
on the monument notice that
they claimed the mine and forbade
any more work.
~The Richmond claimants left at
that time and have never returned
or made any effort to return.
They had, however, placed their
location notice on record, and the
Total Wreck people attempted to
relieve themselves of that cloud
upon their title, and commenced
all action in the District Court tt
quiet title. The Richmond parties
through their attorney, James w
Oates, appeared in that action ant
filed an answer, setting up title I'M
der their location notice, and also
claiming the abandonment of thu
mine by the Total Wreck people
This case came on regularly TO
trial, was tried, and upon testimo
ny considered by the Judge as suffi
cient, q decree was entered quiet
ing their title. Several months
subsequent thereto, and with thil
decree still in force and no stepl
hevlng been taken. by the defend
ants to disturb it, the Total Wrect
Mining Company, of New York
purchased the property. The state
naent that Oates was not their at
torney, and did not appear fo
them, Is contradicted in the records
not only by his signature, as theil
attorney, to the pleadings, but By
his afhdavits. And the parties
themselves treated and consulted
with him as having charge of tn,
case.
We also learn that the origina
l0cators of the Richmond claim
bonded the property before thu
suit to one 8. o. Smith, of Nilsson
ri, for the sum of $4,000, to b,
paid In ten months after the decis
ion of the court establishing itl
title. 1t would appear that tn,
bond is still in force, aud If in this
suit the Richmond claim shoult
be established, Mr.. Smith can pay
: his $4,000 and take mine knowI
to be worth millions.
We suppose the Rescued from
the Total Wreck Company, which
has instituted this suit, claim by
purchase directly from the origna
locators of the Rhichmond claim
The Total Wreck Company asser
that there is no possibility of th'
payment of a dollar towards com
promise, and claim that If thei
title to the property is not perfec
one in law, then there Ia no sucl
thing as perfect title In Arizona
They regret the litigation, but can
not afford to- encourage this levy
Ing OF contributions, so frequent II
the mining sections of the country
The Total Wreck Company hsv,
expended upwards of $75, 200 In th,
development of the property, ant
We hope as little delay as possible
will be experienced in the cults
The Territory cannot afford to hav
such rich mines lying unproduct
i've.