Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1881-05-07
eureka Dailp Sentinel.


Judge Rising in the Albion Richmond
mining suit, which was heard before the
Judge upon the several injunction orders
which had been issued in those cases; and
what strikes us as most remarkable and
extraordinary in this controversy is that
both parties claim a victory, and affect at
least entire satisfaction with the decision.
The SENTINEL had a reporter attending
Court during the progress of the trial, in
order to keep its readers posted, and
from our notes which were made upon
the hearing before His Honor, we find
that the substance of the issues presented
to the Court for adjudication were as fol-
lows
Upon the part of the Richmond Com
pany title was asserted to the ground in
dispute by virtue of the st. David, the
Virginia, the Poorman, the st. George
patent, the Silver Region, the Colorado,
and some other claims of minor import
ance; but the particular claims upon
which they relied, as stated by the at
torney who opened their case, were the
Virginia, ST. David, Poorman and st.
George. Hence if it was one ledge
(which they denied) they had the st.
George patent, and if more than one
ledge they had it covered by the st.
David, Virginia and Poorman.
Upon the part of the Albion Company
the main, and we believe the only reli-
ance, was the Uncle Sam claim; which
they alleged was the oldest, and, it be-
ing one ledge or lode, that they were en-
titled to all the ground from the quartzite
to the shale by virtue of this location.
In reply the Richmond claimed: lst.
That the Uncle Sam was not a valid To-
cation. End. That there had been no
sufficient protest against the patent ap-
plication Of the st. George. 3rd. That
no suit had been commenced upon the
pretended protest which was fled by the
Uncle Sam owners; and, 4th. That the
Albion could not in this action attack
the st. George patent, but would have to
resort to a Court of Equity in a direct
proceeding for that purpose, and upon
those titles and issues the case was very
fully presented to the Court; and after
some ten days deliberation the Judge
renders an elaborate and, to our mind, a
decidedly able opinion, which boiled
down amounts to this:
LIST. That there is but one lode or vein
on Ruby Hill, lying between the quartz
lite and the shale, and that the ground in
dispute is situated upon this lode.
End. That the title asserted by the
Richmond Company under the Virginia
location to the ground in dispute is in.
valid, because the Virginia claim was
never located so as to include that
ground.
3rd. That the Poorman owners for
feited their rights to the ground by fail
ing to protest against the patent applica-
tions which cover it, and, therefore. the
Richmond acquires no right under this
claim to the ground in controversy.
4th. The st. David being a subsequent
location to the st. George and Uncle
Sam, could not be considered.
9th. That the Uncle Sam claim was
and is a valid mining location.
9th. That the protest fled by the
owners Of the Uncle Sam against the
Richmond patent application was a
sufficient protest under the Act of Con-
gress.
18th. That suit was regularly COM
menoed upon the protest as required by
law, and was still pending in this Court.
9Th. That the patent granted to the
Richmond Company Of the St. George
ground, which included the Uncle Sam
claim, was without authority, and that
the Uncle Sam " owners are entitled to
the benefits of that patent, and that they
do not have to resort to a Court of
Equity originally for that purpose, but
are entitled to relief against the st.
George patent in this action.
9th. And, finally, the Judge says:
From the foregoing. while it is already
demonstrated that the Albion Company
1iA be decreed to be the owners Of the
disputed ground, and Of the Uncle Sam
claim, unaffected by the St. George
patent, still upon this hearing there is no
power in the Court to grant the relief
which it is assuredly entitled to, and l
can only express my belief as to what
must be the evident result upon the
merits" Further on the Court says that
by reason of the fact that this was
only a preliminary leaving and not the
final trial, that he will continue the in
junction against both parties until the
merits of the case can be finally reached,
at the same time saying that he would
not hesitate to dissolve the injunction
against the Albion. except for the reason
that the Richmond Company has the
legal title standing in its name. Of which
It cannot be Invested until the FINAL
trial, but that upon that trial it will have
to surrender the title he is fully con-
WINGED.
From the foregoing it must be apparent
TO the most unlettered. that every posi-
ton which was taken by the Albion upon
the trial was decided in its favor, and
likewise that every imminent of title
asserted by the Richmond was held to be
subservient to the Uncle Sam claim, and
that all obiect;ors r... . 10