Arizona weekly citizen., 1881-08-14
MILLIONS FOR DEFENSE.
But Not One Cent for Blsclxman Il the Motto or the Total Wreck Company in Dealing With the Richmond claim-The otEnr Side Of the Important Mining Legation.

In Mondays issue of the DAILY CTTT- ZEN We published a statement of the suits that had been commenced against the Total Wreck Mining Company, call ing in question their title to the eele- brated Total Wreck mine, which has developed into one of the largest bonan- gas in the Territory.
 Although this is civil suit 1t IS at- tracing a great deal of attention, and its influence will be far reaching upon all the mining interests of the Territory. It involves questions which capitalists at home and abroad want to have au- thoritively settlei-i c., whether parties are secure in the title to valuable prop erty in Arizona
 We are not disposed to favor needless litigation, but we do regard compromises which involve principles as forming un- wise and dangerous precedents. It IS unwise compromises made to se- cure unquestioned title without vexa- tious delays of law suits that has stIm- ulated the jumping l,Isiness to such an extent that it has seriously retarded the development of our mines and kept out millions of dollars of capital that would now be opening mp our rich mines and doubling and quadrupllng our bull lion output. We therefore hope the prln- icples involved in this case may be judi cially passed upon that the public may know what to expect.
 A representative of the CITIZEN called upon Benjamin Morgan, attorney of the Total Wreck Company, to ascertain what they had to say of the pending lit igation, and whether they had any dis position to weaken. We could detect no signs of the latter, but every dispOsi- ton was shown to push the matter to an issue.
 In order that our readers nay under stand the case, We give a brief account of the locations which are the subjects of the prospective litigation:
 1.-The Total Wreck location was made in November, 1878, by Dillon, Vail and Harvey, consequently was not subject to relocation under then existing laws for the period of one year.
 In May, 1879, I. D. Richmond, G. c. and B. A. Hoskins, with James Waugh as a guide, went and located the claim as the Richmond claim, and commenced work. As soon IS Messrs. Dillon, Vail and Harvey ascertained what was going on, they visited the claim and finding none of the parties there but the place where they had been at work, they wrote out and placed on the monu- ment a 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 lOca- ton notice on record, and the Total Wreck people attempted to relieve themselves of that cloud upon their ti- tie, and commenced an action in the District Court to quiet title. The Rich mond parties, through their attorney, James W. Oates, appeared ID that action and filed an answer, setting up title un- der their location notice, and also claim ing the abandonment of the mne by the Total Wreck people. This case came on regularly for trlal, was tried, and upon testimony considered by the Judge as sufficient, a decree was entered quieting their title. Several months subsequent thereto, and with this decree still in force and no steps having been taken by the defendants to disturbe it, the Total Wreck Mining Company, of New York, purchased the property. The statement that Oates WAS not their attorney, and did not appear for them. is cOntradicted in the records, not only by his signature, as their at torney, to the pleadings, but by his afii davits And the parties themselves treated and consulted with him as hav- ing charge of the case.
 We also learn that the original loca- tors of the Richmond claim bonded the property before the suit to one $. O. Smith, of Missouri, for the sum of S10- 0O0 to be paid in ten months after the decision of the court establishing its title. It would appear that the bond is still in force, and if in this suit the Rich mOnd claim should be established, MT. Smith can pay his Sl0000 and take a mine known to be worth millions.
 We suppose the Rescued from the To- tai Wreck Company, which has institut- ed this suit, claim by purchase directly from the original lOcators of tha Rich mond claim.
 The Total Wreck Company assert that there is no possibility of the payment of a dollar towards a compromise, and claim that if their title to the property is not perfect one in law, then there is no such thing as perfect title in Ari- zona. They regret the litigation, but can not afford to encourage this levying of contributions so frequent in the min eral sections of the country.
 The Total Wreck Company have ex- pended upwards of S75,000 in the devel- Opment of the property and We hope as little delay as possible will be exper- fenced in the suits. The Territory can not afford to have such rich mines lying unproductive.