Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-11-06
rHr TITLE TO THE GOLD MINES.

rhs Legal Argument Ps.spo.sA Uasu Nsrs
Monday.
Today was The day Get for bearing in the
Court in General Term the legal question
raised by the motion made by the district at
torney 10 strike out from the record before the
Rock Greek Park spprsising commission all
testimony taken in regard 20 the existence Of
gold mines upon the lands Of Shoemaker and
frussdeit The ground for the motion. a.
stated in TIE STAR. lie that the title 10 such
mines. IL any exist Il in the United States and
not In the individual owners.
This motion involves an investigation Of the
Old grants and various Maryland acts. the dis
trict attorney maintaining that the United
States bad succeeded TO the right 10 these
mines. which right was excepted in the original
patent
When the court met Chief Justice Bingham
and Associate Justices Cox aid James were on
the bench. District Attorney Cole, Assistant
District Attorney Tagga-t and Mr.. T. Ross
Perry Of the Rock Greek Park managing COM
missioners sat at the government table, aud
Messrs. Cole and Lambert were present rep
resenting the property owners.
Mr.. Lambert, who was first 10 arise. referred
to the importance of the case. not only to the
interests represented in this case. but TO all
those claiming gold deposits in Maryland and
the District He suggested apostponement Of
tho case until Tuesday or Wednesday on &C.
count of the absence Of Mr.. Jere NJ. Wilson,
who was arguing a case before Justice Brewer
OF the United States Supreme Court
District Attorney Cole said il seemed to the
government extremely important to go ahead
with the argument, as the appraising commits
sion was waiting for the opinion of this
court to determine whether they should con-
slider the testimony concerning gold deposits.
About one-ffth OF the evidence they had before
them referred TO this question of gold and IL
would be. he thought, a matter of considerable
embarrassment If the opinion If this court was
delayed
Justice Cox asked il the commission had not
material enough TO work on until Tuesday.
Mr.. Coleman, representing Mr.. Truesdell
said that unquestionably the commission had
before them plenty of material; they had eighty
or eishty-one tracts to consider before they
reached those affected by this question and he
was informed that the commission had not vet
begun their deliberations
Mr.. Perry said IL was very desirable TO have
the report Of this appraising commission as
soon as possible. He suggested in the interest
OF economy of time, as Il was a mere question
OF law, that the government should present its
case today and counsel tor the other SIDE could
make their arguments Monday.
Justice James having inquired how long the
arguments would take if all exordiums aud
perorations were omitted, Mr.. Perry remarked:
THE trouble with this case was certainly cx-
ordium. IL they would only begin there would
be no trouble about the rest of it,"
After some discussion Chief Justice Bingham
finally announced that the case would be post
Poned until next Monday and be given prece-
dence over cases assigned for that day.
Before counsel left the court District Attor-
ney Cole presented an order in the usual form
providing for the substitution OF Capt. Rossell
for Col. Robert as party complainant in these
proceedings Capt Rossell having by virtue of
his appointment as District Commissioner. be-
come member. in place Of Col. Robert, OF the
managing commission.