Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1881-11-05

What Was Done Yesterday I'm th
Supreme Court mt Carson.

supreme Court at Carson.
ESPECIAL TO THE SENTINEL
CARSON Cry, Nov. 4.-The further ar
gument Of the Albion Richmond case oc
cupied the attention Of the Supreme Cour
again to-day. Mr.. Wren continued his ar
gument for the Richmond. He made al
able and elaborate speech. Following ar,
the points on which he relied The judg
ment OF q Flower Court cannot be reversed
unless error appears /; the complaint does
not state sufficient facts to constitute I
cause OF action the specification Of errors
is insufficient the Albion protest was in.
sufficient the Richmond is in actual DOS.
session and hold the legal title the st.
George and Victoria patents are valid and
conclusive evidence Of ownership I; the
Uncle Sam location is invalid the proper
form OF action was not brought; there
was no contest pending in the Land Office
when the Victoria patent was issued. The
several points noted were handled by Mr..
Wren to the best advantage. He pressed
each Of them with great earnestness, but
the equities Of the case seemed all against
him.. He never attempted to set UP an
equitable claim in the Richmond to the
disputed premises. His effort was more
in the nature Of a general skirmish along
the line in the hope Of raising some legal
technicality that might operate to over
throw the other side. 1t must be said,
however, to his credit, that he made the
best fight for his client Of which the case
admits.
Mr.. Wren was followed by Hon. George
W. Baker of Eureka. Mr.. Baker made an
eloquent and telling argument. He on
nned himself to two principal points the
sufnciency OF the complaint and the in
validity Of the st. George and Victoria
patents as against the Albion, though good
against the rest Of the world, being regu-
lar on their face and issued by the proper
officers OF the Government who had acted
under q misrepresentation of the facts
made a mistake the right Of possession
not having yet been determined by the
Court before which a suit had been
brought to adjudicate the rights OF the
parties with special reference to the right
to purchase from the Government.
AL law and all reason goes to
point that the functions Of the
Land officers cease when q Court has once
assumed Jurisdiction Of o given case. The
judgment Of the Court is advisory to the
Land officers. They must be guided by
it. They have no power on earth to act
until the Court has first acted. That is
this case. The Land officers did not await
the action Of the Court. They made q
mistake and gave our patent to the Rich
mond Company. The lower Court has
held that our title was prior and valid;
that our occupation and possession were
perfect. The Richmond having got our
patent wrongfully, we hold that that COM
pany must be declared our Trustee and
decreed to deed to US. Cleared of all rub
bish, this is the case, and this the relief
which we maintain that we are manifestly
entitled to receive at the hand of this Court.
l have given but an imperfect outline OF
Mr.. Bakers speech. He was listened to
with marked attention, and the force Of
his argument evidently made a favorable
impression on all present, including the
solemn and dignifed members of the
Bench. General Clark, for the Richmond,
will follow tomorrow morning. Senator
Stewart will close for the Albion. It is
thought that the case will be finished to-
morrow evening. 1t is being ably pre-
sented on both sides, and the arguments
are drawing large crowds of interested
spectators. There is deep interest felt in
the result