The Pioche weekly record. [volume] (Pioche, Nev.) 1877-1900, 1896-12-17
DsLAMAR TOWNSHIP CASE RE-
MOVED.
Il viii Be Tried In The United States
Circuit Court at Carson-Sub-
stance of the Petition on
Which the Removal was
Ordered.

deceased. J. K. DeLAMar and II. A Cohen.
sion Of the surface ground OF the Maid
Queen" mining claim. embracing the best
portion Of the town Of DeLamAr will not be
called for trial ia any state court but will
be determined before the United States
Circuit Court at Carson. Judge Hawley
presiding.
The order for the removal from the dis
trict court here WAS entered on the 9TH. Inst,
and was made on the ground Of "local pre-
judice' demurrer interposed at the
last sitting OF the district court by Meikle,
Purtscher and the McFadden estate to the
jurisdiction of the court was overruled,
whereupon all the defendants joined in fling
a petition for removal to the U. s. Circuit
court The petition fer removal is a very
lengthy one. 1t states the case generally
and many facts and circumstances surround.
ing it. That portion which alleges preju
dice reads as follows;
"And your petitioners show to this court
that from prejudice and local influence the
defendants will not be able to obtain Justice
in this said court. or in any other state
court of the state of Nevada to which they
may, under the law of the state, have the
right, on account Of such prejudice aud local
influence, to remove said cause
that said suit connot be fully or justly de.
tsrmined as to any of the defendants in any
state court of the state of Nevada without
being affected by such prejudice and local
influence which exists in said Lincoln coun-
ty Nevada, against all of the defendants
and against their right to recover in said
action, and on account Of the local influence
OF the plaintiff land those for whom he sues)
throughout said state, and in support of
their allegation OF the existence OF such pre-
judice and local influence, your petitioners
show the following facts:'
Here the petition states that the Maid
Queen was located on the l4th of April,
1892; that in July 1894 the plaintiff, and
those interested with him, began to, and
have erected buildings for residence, com
mercial aud domestic purposes, public halls,
ETC., Of great value and continues;
That at present a large town, known as
DeLamar, exists on and around said mining
claim, and those portions of said town which
are not upon said mining claim are situated
upon other mining claims which were located
and are now held and claimed as is the said
Maid Qaeen claim, and hence all the resi-.
dents Of said town have great sympathy
for plaintiff and those for whom he claims to
sue. who reside upon the said Maid Queen
claim.
THAT IN order to oppose the issuance of
a patent to said Maid Queen claim, it be.
comes necessary to employ attorneys and
incur great expense That to that end the
citizens of said town have held various mass
meetings at which violent and inhamatory
speeches were made, and resolutions passed
rejecting upon the defendants and impugn.
ing their rights and motives in asserting
their claim to said mine, and said residents
of said town have subscribed aud agreed to
pay. and have paid, large sums of money to
defray the expenses of plaintiffs protest and
adverse claim and the expenses OF this suit.
and plaintiff and his CO Rdjutors openly and
persistently claim and assert that defend
ants are land grabbers, and will take the
and similar false and preiudicial false.
hoods
THAT the population of said town
amounts to about two thousand people, all
of whom are engaged in mining, or are de-
pendent upon mining operations for their
maintenance and support
THAT said town has entirely grown up
and become settled since about the day OF
May, 1894. and its population has been
drawn, almost exclusively, from other por.
tons of Nevada.
That the population of the State Of Nevada
is smaller than that of any other State in
the Union and that nearly the entire popu.
lation of Nevada is composed OF miners and
those dependent upon mining operations, and
what is known as Miners Unions exist in
most of the populous sections of said State
"That said Miners Unions are fraternal
organizations, and most of their proceedings
and meetings are secret, and the strongest
ties of sympathy and brotherly support and
assistance exist between said unions and be-
tween the members of one union and those
of another, and many of those for whom
plaintiff sues are members OF one of said
unions which exist in said towns, and the
influence and sympathy Of which extends
throughout said State, and that through
them and through general acquaintance
and family relationships between the resi-.
/ dents Of said town and those Of all other
sections of said State, and by reason Of a
common interest in, and sympathy for. each
other, the jurors Of every portion of Nevada
who are familiar with said controversy be.
tween said plaintiffs and defendant, 10 feel
prejudice against the claims Of defendants
in the premises. and all local influence
throughout said State is unfriendiy and OF
posed to the claims of defendants in the
premises wherever the same are known or
understood, and that so soon as the claims
OF defendants and plaintiffs in said i,rem
ises are made known to the jurymen OF said
State, immediately they will conceive a
prejudice against the claims of the defend
ants and sympathy for said plaintiff and
his co-adiutors.
THAT your petitioners know that the
claims of defendants IN sa;a nina h.r. -