Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1881-07-10
BADLY

Mr.. Fred. Hart, OF the san FRANCISCO
Daily Report, is a strong partisan oil the
Richmond. In attempting to explain
the issues involved in the present suit
between the Richmond and Albion MIN
ing Companies, lie gets badly muddled
sometimes. In the issue of the Report
of July 7 the following appears;
A special dispatch received from Eureka
Inv tie Daily Report to-day. announces
frst blood for the Richmond in the famous
Albion-R Richmond suit. In the first suit,
the Albion's petition Of Intervention has
leeu denied. The suit Turns on hey valid
;tv Of the title to the Uncle Sam. q location
nnrcbased by the Albion Company long
after the commencement Of litigation be
tween the Albion proper and the hicl,
mnnd. The snit against the Richmond
WAS brought bv the locator OF the Uncle
Sam. who did not consider that lie owned
ANYTHING of value till the Albion offered to
purchase il from him. The Albion then
petitioned to be allowed to intervene as
n~laintiff in the suit. The denial OF this
%netition shuts ont the Albion as a party to
the suit. and leaves the suit simply one be-
tween the locator Of the Uncle Sam and
the Richmond Company. As We under
stand il, the question in this suit hinges on
the title to the Uncle Sam ground, which
the Richmond Company claims to have
covered by United States patents, obtained
without any protest or objection on the
part Of the Uncle Sam.
The above is a badly mixed mess. In
the first place, under the Nevada statute,
the Albion, having purchased penden-
te lite, had the option to continue the
suit in the name of the original plain
tins, L. Ii. Rose ct al. or nave the Al
bion substituted, either on petition in IN
Prevention, or on motion of substitution.
The Albion elected to intervene, and at
the close of the first days proceedings,
Judge Rives decided to permit interven-
tion, provided consent was lacking In the
matter of substitution. The necessary
showing was made. The same subject
matter was taken up again on the second
dav. when, after a most exhaustive dis
c~ussion, His Homer caused an order OF
substitution to be entered as of date
of April %, thus saving the Albion any
question regarding the matter of the
statute of limitation. How this could
have been construed as a victory for the
Richmond it would be difficult to de-
termine. On the third day, counsel for
the Albion concluded that they would
as soon stand on the original ~pleadings
OF Rose ct al, and moved the Court
that the ease be allowed to proceed in
this form. This motion also was granted.
Then on the fourth day, tie Albion
assailed the constitutionality Of the
Struck Jury law. After a lengthy argu-
ment by Mr.. Baker, Judge Rives held
the law to be vicious and void, though
it is to be said that the Richmond at the
same moment consented to a discharge
of the jury which had been drawn un-
der it.
The statement that the Albion is
practically out of Court will be news to
the people of Eureka. On the contrary,
it is presenting a very lively and ami
mated case, and a new jury is now being
summoned to go ON with the trial on the
merits of the whole controversy. The
announcement, too, that the Richmond
secured a United States patent for the
Uncle Sam ground without protest or
objection On the part of the Uncle Sam"is
particularly refreshing. The protest suit.
commenced in 1873, is precisely the case
that the Court is called upon to deter
mine at the present term.
The Daily Report, before attempting
to inform its San Francisco readers of
the merits of this controversy, should
~acquaint itself with the facts. If it's
real purpose be in serving the Richmond
to injure the shareholders of the Albion,
its utterly reckless and unfounded asser-
tons may prove Of sufficient avail to
consummate the end in view. But all of
the surroundings and circumstances con-
sidered, anything appearing in the COL
umns of the Daily Report is to be
accepted with a large grain Of allowance.
Mr.. Hart, whether he is willing to admit
it or not, is strongly biased in favor of
the Richmond and its leading attorney.