Eureka weekly sentinel. [volume] (Eureka, Nev.) 1887-1902, 1889-04-27
rnE TIMBxR SUITS.
How STARRED and By whom.

NOW Sthttto ~ "
We are In receipt OF the report made by
the Senate Committee on Mines and Min
ing, made March 20 OF this year. From
the report we CLEAN the following facts In
reference 70 the commencement OF these
suits: Thomas E. Hayden on the 2sth OF
April, 1887, soon after his appointment Is
U. s. District Attorney for the District OF
Nevada, wrote q long letter to the Com
missioner Of the General Land Office,
urging the prosecution Of our citizens for
cutting timber upon the public lsnds, md
in that letter made she following frank
avowal: This may all seem g little
fresh in so newly.hedged q District Attor'
ney A. myself, bat District Attorneys,
Marshals, clerks. etc., are appointed and
sworn to maintain the law, execute II and
preserve the property and interests Of the
Government and Of its citizens. Fees are
| given for so doing. We want the emolu-
ments."
In his examination before the Commit
| tee Of Mines and Mining, Mr.. Stockslager,
the Commissioner Of the General Land
Office, attempted TO suppress that portion
Of the letter of Hayden in relation to
fees aud emoluments. but the committee
| compelled him to furnish ID. This letter
| received no attention fEom the then Com
missioner Of the Land Office, but Hayden,
in nowise discouraged, and still hankering
after the fees aud emoluments, persisted
in urging prosecutions for cutting timber.
Still no serious attention seems to have
been paid by any OF tho officers OF the
Government TO Haydon's olsmor until the
Spring Of 1888. During the Spring par
ties ct Tuscarors employed G. W, Baker,
Esq, Of this place. to go to Washington
to compromise with the Government
for tim bel cut upon the public lands.
Mr.. Baker went TO Washington, and after
some conferences with the Commissioned
Of the Land Office, requested him to
Send an agent Is soon as possible 10 inves-
tigate. In compliance with his request
the Commissioner sent Geo. D.. Temple.
The following is 9 portion OF Mr.. Tenn
ple's testimony before the Committee OF
the Senate:
O. Did you call on the Richmond peo-
pie for information upon their side OF the
case PA. / did not.
Q. Why did you not?-A. / under
stood they we're averse to making any
| showing a. TO what they had done.
@. From whom did you understand it
A. / understood that from the attorney
whose name / mentioned awhile ago, Mr..
Geo. W. Baker.
q. Did you TO any one there intimate
that you wanted information PA. Not
10 my knowledge.
O. Were you instructed by Mr.. Rives
not to do SOFA. No. cir; l acted upon
what Mr.. Baker told me.
q. What business had you with Mr..
| Baker PA. Mr.. Baker sought my COM
| pany as much as / sought his, and his
| conversation at this time was In the di.
rection OF my inquiries.
While Hayden, reinforced by others,
| was doing all in his power to secure an
| authorization to commence timber suits,
still the matter does not seem to have
| been very seriously considered until the
| unfortunate mission OF Baker. But for
| that mission, probably no suits would
| have ever been commenced. The officers
very naturally thought that parties would
| not offer TO pay for timber cut upon the
| public lands II they were not liable. Upon
reports made by Temple. full OF the gros-
sest misrepresentation. the COMMISSIONS
1 Vi tuo Lhuu OLnCV . Az WIN
| mencement OF suits against the Rich
| mond Mining Company Of Nevada. e.
| Probsrt and r. K. Morrison, and crimi-
| nal prosecutions against Probert and Nor
/ rison, and suits against the Eureka and
Palissde Railroad Company, and suits
against the Eureka Con. Mining Company,
and o criminal prosecution against II.
Donnelly. The subsequent proceedings
are beat told in the language OF the Com
mittee on Mines and Mining:
at will be observed that the Commits
sioner OF the General Land Office urged
the appointment OF Mr.. Rives as assistant
counsel az late as the 28th Of January,
1889. On January 81, 1889. in compli-
ance with the request OF the General Land
Office, Mr.. Rives recommended the sub
penang by your committee OF thirteen
witnesses. all residents Of Nevada. and
stated that these witnesses would testify
that these timber suits would not inter
rupt or affect the mining operations in
Nevada opp. 50-54).
son February 2 the Attorney General
yielded to the opportunities Of the Com
missioner Of the General Land Office, the
District Attorney and the special agent
and appointed Mr.. Rives as assistan
counsel by the following letter:
DEPARTMENT OF JUSTICE.
WASHINGTON, February 2. 1889.
"Sir: You are hereby appointed an as.
sistant to the attorney OF the United
States for the District Of Nevada. to assist
in the conduct Of the suits pending against
the Richmond Mining Company, the Eu-
reka Consolidated Mining Company, and
the Eureka and Palisade Railroad Com.
pany, for timber trespass:
"Your compensation will be determined
by the Attorney General upon the compile
| ton OF your services.
Execute the customary oath OF Office
and forward the same TO this Department
without delay.
"a. II. GARLAND, Attorney General.
Henry Rives, Esq, Through Thomas
e. Hayden, Esq. United States Attorney.
District Of Nevada. Reno.l
1.-THE Attorney General did not take the
advice OF the District Attorney given In
his letter Of November 9 Up. 45) and
name Q cash retainer and call ON Mr..
| Rives to IL his contingent fee. but simply.
after much urging. authorized him to act
a. assistant counsel, compensation 10 be
determined by the Department Of Justice
after Rives' services were ended.
"Thus IL appears that Mr.. Rives COM
menced acting as voluntary counsel for
the United States before Special Agent
Temple visited Nevada; he wrots . conf
Dental letter, as volunteer counsel. 10 the
Commissioner OF the General Land Office,
which. IS before stated, that officer de-
clined TO furnish 10 your committee; be
took charge Of and directed the move
ments and reports Of Special Agent Tenn
pie, which induced the commencement Of
these suits; he signed ten complaints as
assistant counsel; be selected thirteen