The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-11-22
RscolIsctions and Reflections
OF Thomas Fitch.
Copyright
LITIGATION JON THE FRONTIER,

0~0~9~e.9~9.9~0~o~0~e
There were in Nevada in 1867. two
methods of determining title to mining
claims. One by ejectment, in which
the action being at law litigants were
entitled to a trial by jury. The other
by suit to quiet title, in which-the
action being in equity-the case was
tried by the Judge sitting as Chan
cellor.
After the adoption of the State Gov
eminent the Judges were, as a rule to
which there were exceptions, honest.
while juries, often Composed of nomads
and Adventures, were sometimes will
ing to be bribed, and it was therefore
an object to an intending litigant, If he
had the right side of the case, to bring
his action in equity.
Yet to do this il was essential that
the plaintiff must be in possession @,
the disputed premises at the time of
instituting proceedings. In his COM
plant he was required to state that
he was the owner and in possession of
certain mine; that the defendant
asserted that it belonged to him; that
defendants claim was unfounded; that
the assertion Of it injured plaintiff;
that defendant be required to come
into court and show his pretended right,
and that it then be decreed that plain
tiff was owner, and that defendant had
no rights. If the plaintiff was unable
to a1lege that he was in possession, he
was compelled to begin an action in
ejectment, and that meant a jury and
large disbursements.
My client was the owner of the Hor-
net mine. situated near Belmont, a
mountain in Eastern Nevada, but pos
session of the property was held by a
party of jumpers, and the initiatory
problem was to obtain possession so as
to be able to institute an action to quiet
title. The work done upon the mine
was by tunnel, which had been driv-
en- in upon the ledge, about three hum
dred feet. Entrance to the tunnel was
protected by a heavy plank door, which
was always closed and bolted when
men were not at work. There were
two shifts of eight men employed at
different places in the tunnel.
Farmer Peel" was a chivalric des-
perado of this period He had elimin-
mated several rival bad men" from
the scene of human activities but in
doing so had always kept the law on
his side. To give the other man the
first shot was an act not unattended
with immediate danger, but it was
PeePs unvarying custom, and proof Of
his observance of it had always secured
his discharge by the examining mag
istrate. There was no instance on rec
ord of the other man ever taking a
second shot at Peel, for the latter was
quick and deadly in his aim.
Peel, with his party were camped
below town, on their way to Montana,
when my client engaged his profess
sionaT' services at contingent fee of
five hundred dollars, for which sum
Peel agreed to take possession of the
Hornet mine, and hold it for twenty
four hours. Mr.. Peel declined any as
sistance in his undertaking, avowing
that he could do the job better alone
than with his company. He required
an appointment-which was duly made
.as Superintendent of the Hornet Min
ing Company. Thus equipped he
strolled leisurely to the tunnel entrance
where the guard called out to him.
Here, you can't go in there, it's agin
the Company's orders" mot agfn me, -
replied Peel, continuing his walk. "I'm
hired to take Dan Barlow's place on
the shift, and I'm goin' in to see the
boss The guard heatated but Of
fered no further resistance to Pael's
movements. Arriving at the end of
the tunnel unnoticed, Peel placed his
back against the wall and cried out
to the miners, Hold on, boys, 1 hare
something to read YOU" Pulling a
paper from his pocket he rapidly read
his appointment as Superintendent of
the Hornet Company. Now, boys"
said he pleasantly, chose Of you that
want to work for the Hornet Company
can go to the Office any time this week
and sign the roll call and when I want
you I will let you know. In the mean
time the same pay you are getting from
the jumpers, you can draw from us.
Just at present you can all get out.
Hold up your hands, all of you, and
keep them up. Bill Mullen don't
reach for your gun, unless you are
looking for coroner's inquest. Come,
start now. am going to count twenty,
and then I shall begin shooting at any
man remaining in this drift To those
as don't know me, will remark that
my name is Farmer Peel. One, two,
three" Before lhe word twenty was
reached the tunnel was empty, the big
plank door closed and barred, and
small blue flag the signal that Peel
held the mine, fluttered from a crevice
in the door.
In half an hour a notary appeared
with complaint which had been pre-
pared for the occasion, averring that
the Hornet Company were the owners,
and in possession, etc. This was passed
through the crevice in the door, to Peel,
who signed it and swore to 1t as SUI
of the Hornet Company
ai.o handed it back. 1t was filed and
served within an hour, and before
nightfall a force Of honest miners,
with picks and pistols were at work
FOR the Hornet Mining Company.
The other company could, of course,