Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-07-27
WESTERN DISPATCHES,
Richmoud.Alhlon Decision.


EUREKA. July 26.-Judss Rivss' de-
cisiou in the Richmond. Albion case will
be delivered at 10 O'Clock tomorrow.
Your correspondent Is able to give its
salient points In advance. He holds the
st. George patent to be absolutely void;
the Uncle Sam claim 10 . good and valid
location. and in fact every point con-
tended for BY the Albion. as between the
St. George patent and Uncle Sam loca-
ton. is found strictly and uuequivocally
In favor OF the Albion. But now comes
the nub OF the whole opinion. Among
other titles put In by the Richmond
was q pstsn. called the Victoria. This
patent was procured BY the Richmond
pending the protest suit between the
St. George aud Uncle Sam. 1t 10 .
younger claim and q younger spplioa.
ton for . patent than either the st.
George or Uncle Sam. The Victoria
lies of to the n%orthwsrd, and there was
no surface conflict between II and the
Uucls Sam. Hence no protest against
the issuance Of the Victoria patent was
made. The Victoria. having gone
through without protest. the Judge
holds II 10 . better title than that con-
ferred by the prior application for the
St. George ground. Tue Victoria patent
J was scarcely alluded to in the late trial.
The Richmond made ito big Hght on the
validity Of the St. George patent, which
has been thrown completely out as at.
terly worthless and void. The finding
10 favor OF the Victoria will be Q surprise
to everybody. as 1t cut but an uuimpor-
tant figure In the case during the trial.
It 10 not believed that this Victoria title
will stand q moment before Q higher
tribunal. A stay Of oil proceedings will
be granted for thirty or sixty days to
allow the case to DO taken up, and to
prevent the destruction Of the property
by either party.
The above are the exact fact IS they
will DO recorded in open court tomorrow
morning. The decision occupies thirty
pages OF legal cap.
EUREKA. New. July 27.-lu the Rich.
mond.Albion case. the judge has just
flushed reading bis decision. II IL the
same as forsshadowsd in last nights
dispatches.
At the conclusion Of the reading Of the
decision, the Albion asked for on In.
junction covering the disputed premises.
In the other two cases pending between
the same parties. the injunction wal
granted for the whole ground until the
hearing OF these cases. The Albion was
required to ale a bond In the sum OF
$40, 600. which was Immediately given.
There are some things In this decision
which seem to defeat themselves on
their face.
The Uncle Sam and St. George have
been contesting the right to this ground
since August 80. 1874. The application
for the Victoria patent wal made Ooto.
Der 10. 1878. while an application for
a patent for the Albion claim number
one was made July 9. 1878. three months
prior to the application OF the Victoria.
There was no protest in either case. The
Albion company was not allowed to put
In this prior application as against the
Victoria in the suit just determined be.
cause said suit under the complaint aud
~pleadings was prosecuted In the name Of
E. II. Rose. the original d~iscoverrr and
locator Of the Uncle Sam claim, since
purchased BY the Albion Company.
1t will be understood In connection
with these various patents that there
was no surface conflict In several OF the
cases. All are located, however. on the
broad min-ralized zone which q few
months since was declared by the su.
prsms Court OF the United States, In the
litigation between the Eureka Con. and
Richmond to be one ledge. hence the old
est patent application tskes the whole
ledge from wall TO wall. The Uncle Sam
Is the oldest claim on that portion OF the
ledge. and It's protest against the st.
George application for the ledge 10 Of
date August 30, 1873. The St. George
patent has just been declared void.
Admitting that the Uncls Sam had lost
its prior right to the ledge by its failure
to protest sRaiust the Victoria spplics.
ton for Q patent. which 10 not true. why
then the Albion No. l application being
three months older than the Victoria
must take the ledge. Just a. soon a. .
new hearing can be had. now that all OF
the rubbish has been cleared away, the
Albion people are confident Of ultimate
victory.