Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1882-06-29

lowing ordcr" that was published in the
papers:
Richmond Mining Co. Of New.
VS.. No. $40.
Albion Mining Co. ct al.
The trial of this cause is ordered con-
tinued until after the termination of the
case of Rose ct al. VS.. Richmond Mining
Company Of Nevada, No. 102, in the Su-
preme Court of the United States, and
that in the meantime the injunction
granted in favor of plaintiff and against
the defendant be and the same is dissolved,
with leave to plaintiff to re-apply for
issuance of same should the Albion Mining
Company trespass upon the premises de-
scribed in the complaint.
Senator Stewart-That order was not
made in a case against the Albion Coon
solidated' Mining Company, but is an
old case of the Richmond "Mining" Com
pany of Nevada against the Albion "Min-
ing" Company and others. The Albion
"Mining" Company and the Uncle Sam
Mining Company were consolidated into
the Albion Consolidated" Mining Com
pany, and both the Albion "Mining' Com
pany and the Uncle Sam Mining Com
pany, on that Consolidation went out Of
existence. But the suit against the Albion
mining" Company was still pending,
and an Injunction had been granted
against that company before the consolida-
ton, and it would be no difference to
the Albion consolidated" Mining Com
pany, as it derives title not from the AL
bion "Mining" Company, but from the
Uncle Sam Company, which held the Rose
title, whether the injunction had been dis
solved or not; butt was dissolved, and upon
suggestion OF the attorneys for the Rich
mond Company, that the Albion "Min-
ing" Company might again be revived, it
was agreed that if it ever vent to work
again they might %enjoin if they liked,
and accordingly the Court made the order
that if the Albion Mining" Company
should again trespass, an application to
enjoin it might be made; but it is impos-
sible for that order to have any effect
upon the Albion "Consolidated'' Mining
Company in any event. A dissolution Of
the injunction did not do the Albion Con.
Mining Company any good, nor would
any injunction against the Albion Coon
solidated' Company do any harm, and be-
sides, it is impossible that an application
shall ever be made for an injunction
against the Albion mining" Company, for
it has gone out OF existence and has no
property and no organization, and will
never do any more work. But you will
see that all the injunctions against the
Albion Con. Mining Company, the success
sor OF Rose and Others, and The party en-
titled to the property, according to the de-
cision Of the Supreme Court OF Nevada,
are dissolved absolutely. The Albion Con.
Mining Company is in full possession and
working the ground, with no possibility Of
Interference from any source.
Rep.-May not the Richmond Company
get asupersedeas by giving the requisite
bond, and stay proceedings, an6 in that
way interfere with the working of the
mine?
Senator Stewart-It makes no difference
whether they get a surersedeas or not.
All the injunctionf are dissolved and the
Albion Con. Mining Company is in full
possession. A supersedeas don't change
the status Of the parties when it is granted.
1t simply stays the execution Of process on
the Judgment, The Albion Con. Company
don't want any process. They are in pos
session and cannot be put out by a super
sedeas. The only means by which it can
bessput out is by d judgment of the Su-
preme Court OF the United States in the
case of Rose and others against the Rich
mond, reversing the decision of the Su-
preme Court of Nevada; and until that is
had the Albion Con. Mining Company las
l before stated) will work the ground,
and as I believe it is impossible to reverse
that decision, I have no fear that the
Albion Con. Mining Company will ever be
interfered with in working its mine.