Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1882-03-18
THE REAT MINING SUIT.
ALBION WINS EVERY POINT In
THE SUPREME COURT.

the great Richmond-Albion case, which
was. carried there on appeal after being
tried in the District Court Of the Sixth
Judicial District, at Eureka, last July.
has been looked for with a great deal Of
interest and solicitude. 1t has come at
last, and is everywhere the subject Of
comment end congratulation in the COM
munity, except among those whose indi-
vidual interests would have been sub
served by a contrary decision. We
publish below a satisfactory summary Of
the opinion of the Supremes Judge, which
is the opinion OF the full bench. The
report is authentic, and may be relied
upon in every particular, coming from the
Clerk of the Court, Hon. C. F. Bicknell,
h is an exceedingly careful and accurate
officer, and who has the Court record in
his W keeping.
STATEMENT OF THE CASE.
There are many persons who have not
heard a statement of this great case, and
there are others who have forgotten the
circumstances; hence it will be in order to
review it here in a brief outline. The i'm
preston is somewhat general that the case
involved difficult and obtrusive questions.
The fact is exactly the reverse. Rose and
others on Jan. IA, 1872, located a claim for
800 feet on the Eureka lode, and their
| grantees have ever since worked and pos
sessed the same according to law. In
March, 1873, the Richmond Company,
through its President. at that time John
j. Carrigan, located 1900 feet on the same
lode. called the St. George claim, which
eonflicted with the claim Of Rose and
others. In 1873, having secured a deed to
the property from Carrigan, they applied
for a United States patent. Rose and
others protested and all proceedings were
stayed in the Land Office. In due time
Rose Inc others instituted suit to deter
mine the right Of possession. While this
suit was pending and undetermined, and
while by law all proceedings we're stayed,
and while the officials of the Land Office
had no authority to act in the premises,
the Richmond Company obtained there
from a patent. After obtaining such
patent the Richmond Company put in an
amended answer in the case formerly COM
menced by Rose, setting up what is known
as the st. George patent. The case of
Rose and others was commenced
aud prosecuted as required by law
and the Court had full and
and competent jurisdiction when the pre-
tended St. George patent was issued from
the Land Department. 1t is now conceded
that a patent cannot issue under such Cir
cumstances. Secretaries SchurZ and Kirk
wood have so held. and our Supreme Court
have just decided in the same way. The
claim of Rose and others, now owned by
the Albion Company, is admitted to be
prior to the st. George claim, and with
nnYtal CartafpNu nrfnr ~ 4hn Niafnr1a ma |
tent, which was obtained as the st. George
patent, only later. The decision of the
District Court was that the Victoria patent
is valid, and that, on the one ledge theory,
it took in the Uncle Sam claim. The dis
cussion Of the Victoria patent, however,
cut no figure in the trial, and the argu-
ment of the Richmond counsel was to es-
tablish the right Of possession in them
selves as proprietors of the st. George
patent. The Victoria patent, in fact, had
been before Judge Rising, sitting for
Judge Rives on the bench at Eureka, in
the hearing Of the order of injunction.
He merely inquired its date, and finding
that it was later than both the st. George
and Uncle Sam, decided from the bench
that it cut no figure in the case.
SUPREME COURT DECISION.
CARSON. March 1.-THE Supreme Court
has decided the case Of the Albion vs..
Richmond Mining Company. The deci-
sion is quite lengthy, and discusses every
question presented by counsel. Itdecides:
First-That the statement on appeal is
sufficient.
second-That there is a proper specif-
cation and assignment OF errors.
Third-That the complaint states facts
sufficient to constitute a cause OF action.
Entrth- That tha aatian WAC anpn. |
menced in time.
Fifth-That plaintiffs protest sufficient
ly shows the nature of the boundaries and
the extent OF the Uncle Sam claim.
Sixth-That plaintiffs had sufficient pos
session Of the Uncle Sam claim and lode
to enable them to maintain this action.
Seventh-That the location Of the Uncle
Sam claim was not void because the loca-
tors claimed a discovery interest, that If
voidable at all, it is only to the extent of
excess Of 200 feet.
Eighth and Ninth-That the st. George
and Victoria patents, upon which the de-
PENDANT relied, are absolutely null and
void, because they were issued without
authority OF law during the tendency of
the contest in the State Courts, while the
lode in controversy was by the provisions
of Section 1926, Revised Statutes OF the
United States. reserved from sale.
Tenth-That courts Of law, as we'll as
equity, have authority to declare the pat
ents void.
Ele~venth-That as both patents are
void, defendant acquired no title there
under, and has nom to convey, and plain
tiffs are not entitled to a decree declaring
the defendant to hold said patents In trust
for them, and to compel a conveyance OF
all rights t%hereunder.
That the judgment OF the District Court
Ia reversed, with directions to enter a
proper Judgment in favor of plaintiffs for
all that portion of the mineral lode west OF
the westerly end OF the Tiptop claim, and
to make the injunction against the defend
ant perpetual. Also, judgment in favor OF
plaintiffs for costs. Judgment to be en-
Of the lode easterly Of the west end line OF
the Tiptop claim.
THE EFFEor OF THE DECISION.
The immediate effect of the news OF the
decision in favor Of the Albion has been
to raise the spirits Of everybody in Eu
reka. 1t is certain that we will have
another great mine set to work immedi-
ately as q separate and distinct property,
in which a large number of men will find
employment. This will help business OF
all sorts In Eureka very much. 1t bright
ems the future Of the camp. which. six
weeks ago. before the fattering discovery
in the Eureka Con-, was not over bright
for the Spring opening. The only recourse
left the Richmond Company is to appeal
the case 10 the Supreme Court Of the
United States. which 1t may do, on a writ
of error. The company has been shown
to BIZ so clearly in the wrong. however, in
its p~retensions to the ownership Of the
Uncle Sam, that il will not be likely to
take the grand chances Of another Water
loo, with all costs piled upon ii. Should
such a rash venture be undertaken IL will not
stop the Albion Company from developing
its mine in the long and indefinite time to
elapse before another 'Jarndyce vs.. Jarn-