The Pioche weekly record. [volume] (Pioche, Nev.) 1877-1900, 1897-05-13
THE TOWNSHIP CASE.
a MATTER o. GRAVE IMPORT
ANCE TO AL DELAldAR
TOW4 OCCUPANTS.
History Of the Case---Claims Of the
Parties ACKNOWLEDGEMENTS
the Interests Of Nearly Every
Property Owner IN
the Town.

The final decision of the case now
on trial at Carson respecting the
rights of certain townsite claimants
at DeLamar, as against certain mine
owners, is watched with great inter
est, since on the result of that case
hinges the welfare Of every prop
erty holder of the town. A determi-
nation in favor of the mine owners
will mean that not only in the claim
affected by this suit, but in every
other claim on which any townsite
Improvements have been erected the
townsite occupants will be required
at least to pay for the surface ground
appropriated, and at such figures as
the mine owners choose to exact.
The suit now on trial involves Il
portion only of one claim, the Maid
Queen, which cuts diagonally into
town, embracing Olsen's, Vert
heimer's and Nesbitt's property in
its southeast corner, and taking in
all the improvements on the north
side OF Main street from about Dula
x Petty's saloon to above Schaefers
and running off toward the Della
mar Cos bunk houses on the hill,
embracing all property on the back
streets within its lines
The owners of the Maid Queen,
ID. A. +. Meikle, John Pnrtscher,
j. II DeLamar, H. A. Cohen and
Mrs. julia McFadden, had the claim
surveyed and applied at the Land
Office at Carson for the issuance of a
Z. 5, patent. Patrick Bonner, for
himself and all other townsite occu-
pants, who would be injuriously af-
fected by the issuance of such a
patent, entered suit in the District
Court here, and charged that the
Maid Queen was never located upon
mineral in place. That no ledge,
lead or lode of mineral bearing ma
terial had been discovered at the
point of location, or mt any point
within its surface lines when the APP
plication for patent was made, or
afterward, and that the ground had
no value as mineral land. He
further alleges in his complaint that
he, with other occupants, had
erected costly improvements upon
the ground, to the value of over
800, 600, and asked Judgment for
$4,000 against the mine owners for
their efforts to appropriate the
ground.
The answer denies all these allie
cations generally, and charges that
the ground is valuable for the min
eral it contains, and that it was
located for that purpose before the
TOWNSHIP occupants moved thereon,
and that its boundaries have always
been kept mp and work performed,
and that the owners claim the same,
together with any and all improve
ments which may have been placed
upon it.
To avoid trial of the case here,
the mine claimants first demurred
to the jurisdiction of the court.
The demurrer was overruled, upon
which, the defendants, determined
not to try the case here, filed Aft
davits for its removal to the United
States Circuit Court at Carson,
charging the district Judge with
prejudice, and the people of Della
mar with conspiracy to prevent the
mine claimants from enjoying their
rights, and asserting that the peo-
pie of the town were banded to-
gether as miners union. for pro-
lection, and that the spirit mani
tested there in that respect, extended
throughout the whole State, and
on that account they could not
secure fair trial outside the United
States courts.
This move was successful and the
case was ordered tried in the u. S.
Court at Carson. This ruling added
greatly to the labor and expense of
the TOWNSHIP occupants in proving
their side of the case, and was de-
cided advantage to the mine claim
ants.
The result of the trial is, of course
matter of doubt, but so far as
observations extend, the Maid Queen
possesses no value for mineral in
place.
1t is one of the numerous locations
made in Ferguson District during
the first days of the rush, when side
and end lines were made to touch for
miles in Length, the stakers never
stopping to examine whether miner
al existed on the ground or not.
The chief value of the claim is in
the surface improvements which ex-
list upon it and the same is true of
every claim covered by any of the
improvement of Delamar town. A
dozen other mining claims are oc-
cupied in part in the same way but
in no case is any ground occupied
that is needed for mining purposes.
The Maid Queen case was to have
begun its trial yesterday at Carson
and is probably in progress at this
time. If it is tried by jury YER
dict may be looked for by tomorrow,
or sooner. If tried by the court
without jury, however, decision
will not be rendered for several
weeks at least, after the case is sub
mited.
If lost, however, the present case
will not end the matter, and other
phases of the situation are such that
the town occupants will not be left
without hope of effective relief.