Eureka weekly sentinel. [volume] (Eureka, Nev.) 1887-1902, 1889-12-07
THE TIMBER QUESTION.
Full Text OF Judge sabIn's Deeis-
los tn the Richmond Case.

W
The Richmond Mining Company Of
Nevada, Defendant.
This is an action Of replevin, brought
by plaintiff TO recoyer from the defend
ant the possession Of ten thousand bush.
els Of charcoal Of the alleged value of
81, 500, and three hundred cords OF wood,
Of the alleged value Of 81, 100, the same
being at the yard and premises OF the
defendant at the town Of Eureka, IN
this State.
The complaint alleges that said coal
was manufactured from wood cut and re-
moved from the unsurveyed public
timber lands Of plaintiff, within said
State, and that said three hundred cords
Of wood were cut and removed from said
lands, and also cut and removed unlaw-
iully and without the consent Of plain.
tiff, and that plaintiff is now owner
thereof.
Plaintiff demands judgment for the re
covery Of the possession of said coal and
wood, or for the value thereof, in the
SUI SO, 1000, If recovery Of possession can.
not be had.
The answer OF defendant denies that
plaintiff is the owner Of said personal
property; denies that said wood was cut
from the lands mentioned in the COM
plaiat; denies that defendant ~wrongfnlly
or unlawfully or without plaintiffs con-
sent took possession Of said property, or
wrongfully or unlawfullY withholds pos
session OF the same, or any part thereof,
from plaintiff.
The case was trieG before the Court,
without q jury.
The findings OF fact, upon the evidence
submitted, are brief, and as follows:
"That the defendant, the Richmond
Mining Company of Nevada, is a corpor.
alton, duly organized and existing under
and by virtue of the laws Of the State OF
Nevada, engagedin the business OF mining,
purchasing and reducing ores and sepa-
rating gold aud silver from lead, in the
town and county OF Eureka, State afore'
said, and was such corporation and SO en-
gagged at the time Of, and long prior to,
the commencement OF this action"
THAT at the time Of the commence
ment Of this action, said defendant was
10 possession Of l6 cords Of wood, Of the
value OF six dollars per cord, and seven
thousand bushels Of charcoal, Of the
galue Of 81 cents per bushel, at its works
n said town; and that said wood, and
the wood from which said charcoal was
manufactured, was cut upon the unsur-
veyed mineral lands OF the United States,
not subject to entry, under any
existing law of the United States,
except for mineral entry; and that said
wood was cut, and said charcoal was
burned by bona ide residents Of said
State, for use in said County, and sold to
said defendant for use in carrying on its
said business in said town, at a distance
of about three miles from its mines"
"That the trees from which said wood
was cut were a species Of scrubby nut
pine, cedar, and what is locally called
mountain mahogany, about ten or twelve
feet in height, on an average, with bod
les from four to eight feet in length, and
less than twelve inches in diameter, and
unfit for manufacture into either lumber
or timber"
believe the correctness OF these ind
ings is not questioned by either party.
The defendant j~us.iies its purchase
and possession Of said coal and wood
under the provisions Of An Act Of Con.
gress, approved June 3, 1878, U. S.
Statutes, Vol. 20, p. IS, chap. $50.
The section Of said Act under consid'
Grafton reads as follows:
"That all citizens Of the United
| States and other persons, bona fide resi-
| tents of the State Of Colorado or Ne.
| vada, or either Of the Territories of New
Mexico, Arizona, Utah, Wyoming, Da.
| kota, Idaho or Montana, and all other
| mineral districts OF the United States,
| shall be, and are hereby, authorized aud
| permitted to fell and remove for build
ing, agriculture, mining or other domes
| tic purposes any timber or trees growing
or being on public lands, said lands be-
| ing mineral, and not subject to entry
under existing laws of the United
States, excest for mineal entry,
in either Of said States, Terrific
ries or districts, of which sucl
citizens or persons may be at the
time bona ide residents, subject to sucf
rules and regulations as the Secretary o.
the Interior may prescribe for the pro-
lection Of the timber and Of the under
growth growing upon such lands, anc
for other purposes: Provided, the pro-
visions of this act shall not extend t.
railroad corporations.
From the findings OF fact, as above Sc
forth, it would seem that defendant
justification Of the purchase and posses
sion Of this coal and wood is complete
1t was shown in evidence, and admitted
that the land upon which all of thii
wood was cut and removed, was and il
unsurveyed public land OF the plaintiff
A large number of witnesses was ex-
amined as to the character of this land
whether mineral or not, and whether
more valuable for the timber or wooC
thereon, than for known mines. The
witnesses differed in their judg-
ment, as to the character of this land,
or at least as to the particular limited
part thereof, the locus in quo, from
which this wood had been removed. Or
this point the most of the witnesses fol-
plaintiff were Transfers, or men engaged
in cutting, hauling or furnishing wood OF
coal to those desiring to purchase it.
Their evidence, generally, was to the
effect that, upon the particular tracts oil
land, upon the hills or mountains,
w%hencethis wood had been removed, they
had never seen any well known mines,
nor had they observed marked or well
defined traces of mineral bearing lodges.
By their w evidence. it appeared that
they were not looking for mines OF
lodges, not interested especially in them,
and their observation was only the most
cursory.
They were in no wise skilled in dis
covering or noting mineral signs and
traces, and it would have been purely
accidental had any OF them, in walking
over or along a rich ledge, discovered its
existence. or discerned that it might be
...Irahla