Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1881-11-05
THE SUIT.
what the Mining Record has to Say
ON this Head.

A& W C8I
ON this Head.
Our esteemed contemporary, the. New
York Mining Record, In reviewing the re-
suits Of its late fight against the Eureks
Con. management, has the following:
1--WE also charged neglect Of duty on the
part Of Mr.. LOGAN and his associates. in
not having vigorously pressed TO settle
ment and collection, the claims Of the Eu-
reka Consolidated Company against the
Richmond for az least s325, 600, as the
value over and above cost OF production
and refining of the bullion made from 49,
900 ton OF ore extracted by the latter
company from the Potts Chamber
And this allegation remains not only un-
answered, but is made good at least in
essence by the confessions OF q recent cir
cular to the stockholders, which, though
anonymous, manifestly proceeded from the
Directors or some attorney thereof for, in
that circular it is admitted that these
Trustees OF the shareholders have only
made claim for the product OF $4,000 tons,
or precisely one-half Of the amount gen.
orally asserted, in the locality OF Eureka,
to have been taken from the ground in
question:"
As to the amount Of damage that should
be claimed by the Eureka Con. we cannot
speak advisedly. No one outside Of the
Richmond officers knows anything about
the amount of ore extracted or its yield.
But when neglect to prosecute the claim
is charged against the Directors Of the
Eureka Consolidated, we must enter a
most respectful protest. They have
pushed the case as rapidly as possible, all
the circumstances considered. Suit was
promptly and regularly instituted in the
United States Circuit Court at Carson.
The main case to determine finally whether
the Potts Chamber belonged to the Eu-
reka or Richmond was on appeal to the
Supreme Court Of the United States.
Manifestly it would not have been sound
business policy to go on with the damage
suit until the main case had been settled
in the Court of last resort. The Direc-
tors Of the Eureka Consolidated could
not know that they had q case
for damage until Judge Fields decision
had been affirmed. OF course they were
convinced that thoy had, but their mere
convictions would not justify them in pro-
ceeding in a legal way while the real ground
work OF such proceedings were still unde-
termined. The decision Of Judge Field was
affirmed by the United States Supreme
Court in August last, scarcely three months
ago. Since that time the question Of dam
age has received much attention from the
Eureka directory. Some little time was
devoted to an attempt to compromise, the
Richmond making propositions to that
end, but these negotiations finally fell
through, wholly because the Richmond
would not agree to pay as large a sum as
claimed by tho Eureka. The next thing
in order was to prepare for trial. 1t be-
came necessary to obtain testimony from
the Richmond books and officers in Lon
don. The process Of getting evidence from
a foreign country necessarily involved
considerable delay. But it is being got
and will be at hand in due time. Finally,
it is expected that the case will be tried at
Carson in January next. This is the sit
nation as we understand it. The Record
will see that the matter could not have
been forced to a head much earlier, even II
it had been in sole charge OF the case. Il
the Record satisfied with the ~showingf