Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1882-06-14
H HAPPY END.
JUSTICE TRIUMPHS AT LAsTAND
THE PEOPLE REJOICE.

J1tu&C HthtCS WIS htGtlN
jOicings at the Albion works-The
Flaming of B0nares and The Crash
Of AnviIs.
After delays Of the law, multiplied in the
Richmond-Albion and Albion. Richmond
litigation until it threatened to be another
.Jarndyce VS.. ~Jarndyce, the harassing suit
is now practically and substantially ended.
The vexatious but empty trials to which
the Albion Mining Company has been sub
jected at the hands of the Richmond in
pursuance Of a dog-in-the-manger and
policy, are over with. The
people Of Eureka, save those whose imme-
diate interests are bound up in the Rich
mond, are all glad that this is SO. They
are glad, because they have all along had
abiding confidence that the disputed
ore ground belongs of right to the Albion.
They are glad also, because they are anx-
ious to see another large mining company
go to work in the camp to develop, for
everybody's good, an extensive and valua-
BILE ore body. They rejoice over the pros
poet, particularly gratifying in these dull
times, when most of the miners of this
are working tribute for uncertain
and poor average pay, of seeing another
large force, say Of $50 men, put to work at
81 per day. For the material good of the
district, not to specify further, they are
glad to see the Albion Chat has labored
SO hard and 80 manfully for its ~results)
unfettered and allowed to bring to the
surface its wealth of precious metals that
would otherwise lie buried out Of sight
and do nobody any good.
JUDGE RIvEs' DECISION.
Owing to the presumed great value of
the premises in controversy in this action,
the counsel Of the respective parties have
presented, through an abundance of eau
ton, a vast amount of testimony bearing
upon the merits of this motion, and have
zealously argued every point which could
reasonably be expected to have a bearing
upon the decision herein.
In view of the approaching trial of this
action before a jury, deem it best to refer
to but few points among the great number
involved.
In the first place, it is proper to deter
mine the question raised by plaintiffs
counsel as to the jurisdiction of the Court
to hear this motion at this time. The
has relied on the decisions in
California on this subject as being de-
against the jurisdiction, and it
must be conceded that they tend strongly
to sustain the point, but l am Of the
opinion that in the order, filed May 6,
1881, by virtue Of which the injunction in
this case exists, the Judge who rendered
that opinion intended to reserve to this
Court the jurisdiction to entertain this
~, Nk,D, ,,,nD fbn rnp1yftn, n nrAN
upon the merits in either of the cases in
which his opinion Was intended to apply.
Even were such not the case, l am of the
that the two latter sections of the
Act of the Legislature of this State rela-
tive to injunctions, wherein a marked diff
exists between our law and that of
California, contemplates that the Courts Of
this State may entertain motions to dis
injunctions as to mining claims at
any time upon a showing based upon &C.
curence which have happened since the
granting the injunction.
The reason shown at this time why this
Injunction should now be dissolved, is
based exclusively upon a judgment which
mas been rendered, and the record in one
of the actions in which the opinion re-
ferred to was filed, viz: Rose ct al. vs.. the
Mining Company of Nevada.
Itmay also be said that, independent of
the objection to the jurisdiction Of the
Court, the only serious objection inter-
posed against this motion is based upon a
title secured by plaintiff since the COM
mencement Of the action last mentioned,
which was not considered in the trial
Of that cause.
I had intended to set forth the reasons
1t some length which lead me to the con-
which 1 have reached as to this
but such q oourse would involve
The expression on my part OF an opinion aa
10 the material facts, which it will be in
upon q jury soon to consider, and
order to avoid, SO far as possible, either
aiding or injuring the cause OF either
party, I consider it the better course at
his time to pass without unnecessary
on the facts or a reference to all
Of the many points discussed by counsel.
Plaintiff claims that the Albion Con.
Company is not capable of prose-
this action, or Of receiving any ben
sfts from the judgment rendered sustain
ing the Rose title, or of holding that
title, because no finding exists in that
Judgment establishing that said company
a legal entity.
I do not think that such finding was
either necessary or proper in that cause,
and in this action the plaintiff, having
such fact, is estopped to deny it.
The Albion Con. Mining Company is
shown by the testimony to have succeeded
TO, and to now possess, all of the rights OF
Rose ct al, and I consider the judgment
n their favor as conclusive against the
upon three of the titles set up by
it on this hearing, and many facts lead me
to conclude that the fourth title set up by
furnishes no reason why the in
herein should be continued.
The foregoing embraces a sufficient
reference, under existing circumstances,
to the question of jurisdiction, to that as
to whether the Rose judgment is a bar in
this action, and as to the force of the new
title set up by plaintiff IN this motion;
and these, in my opinion, are the only
propositions involved, notwith-
standing many others were presented and
argued.
1t follows, therefore, that the injunction
herein should be dissolved against the de-
the Albion Consolidated Mining
and it is so ordered.
The interest of everybody in Eureka
has been so intense in the progress Of this
litigation that the points involved have been
generally we'll understood. The decision
had scarcely been announced by Judge
Rives yesterday afternoon, before you could
hear the exclamation passing from n
mouth to another up and down Main
street: "The injunction is dissolved"
To undertake to reproduce the comments
that were made, expressive Of satisfaction
and delight, would be in vain. The news
was telephoned to the Albion works within
a few minutes after the decision had been