The Pioche record. [volume] (Pioche, Nev.) 1908-1925, 1920-03-05
CONTINUED FROM LAST WEEK.

At the time of the commencement OF
the litigation between the Raymond ,
and Ely and the Hermes mining COM
panies there were no less than eleven
locations covering substantially the
same ground. Some were 1854 loca-
tions. others 1863 locations and others
still later None had. however. struck
the ore channel. except. first, the Ray
mond and Ely company; second. the
Hermes. and third the Pioche-Phoenix.
The pay ore was found only in the
auartzite. superimposed upon which
was a thick stratum of magnesium
shale. and above this again a heavy /
mass of mountain limestone. The shale l
thickened toward the west. and con-
sequently the farther west shaft |
might be sunk the deeper would 1t be
necessary to go before reaching the
orebearing quartzite.
OF these eleven different locations
two had commenced work some dis
tance north of the ore channel. After
sinking to a considerable depth and
drifting to the south the one struck in
under the Hermes workings. and the
other party coming to the conclusion
that a direct line to the goal was the
shortest removed their hoisting works
bodily to the south and came at last.
as was to be expected. upon the ore
body The coolness of these proceed
ings was more than refreshing.
Here were locations made in barren
shale of the line Of the vein which, as
as soon as it's true course was known.
unblushingly ran for 1t without any
regard to prior discovery and actual
prior possession.
These two companies were not par
ties to the litigation, but 1t was impos-
sible to say when, falling into strong
hands. they might see ft to use their
color of title to harrass and annoy
whichever of the two contestants might
ultimately triumph. The locations on
and near the ground in dispute were
as thick as leaves in Valombrosa, and
the fact Is merely mentioned to show
the ludicrously vicious condition Of the
mining law which should for a moment
countenance such iniquitous anomaly
In all justice and common sense there
should have been at most but two 10.
cations, the one north and SOUTH the
other east and west.
Prior to the month of May, 1871, thu
Raymond and Ely had only worked th'
mines known as the Burke and Creole
These were separated from what wa
afterward called the Panaca mine b!
at least a thousand feet. The compan
had up to this time paid onl ytwo o
three dividends Of 81 per share, that Ii
monthly disbursement Of $4,000.
w. Lightner was superintendent Of tn
company and D. w. Perley was chic
legal adviser.
Finding now that the pay ore wa
about exhausted in the Burke and Gre
menced what is now known as tn
Lightner shaft, hoping to strike some
thing which would enable his compan
to keep up the dividends. At this tim
the Raymond and Ely claimed 500 fe,
Of one of the old 1854 locations calle
the Mammoth, and also about the san
amount of the Panaca; the former w;
east and west. the latter north ar
south location. When Lightner con
menced this shaft all Of the Mammo
and all of the Panaca, then claimed
the Raymond and Ely company, we
covered by new locations, under t
Ely laws, and the ground was in t
actual possession of adverse claiman
under these laws.
Lightner entered and took possessi
under color of the Mammoth title, wit
out any reference to the Panaca; a
this was the first actual possession til
the company ever had. The shaft "
sunk rapidly through the soft deco
posed shale and in June, 1871, the led
was struck at a depth of about G
hundred feet. This was the beginni
Of the wonderful bonanza" from VIII
such an enormous profit was sub
quently realized. Not knowing pc
lively what ledge had been struck, P
ley advised Lightner to locate it
the company. This Lightner refused
do, on the ground that such proce
ing might endanger the old locati
Perley then informed Lightner that
wished to locate for himself an ext
sion of the ledge struck in the Lig
ner shaft, and, in order not to intr
upon the company ground. reques
Lightned to measure off the gro
claimed by them. This Lightner
and fixed the western limit of his CT
panys claim 900 feet west Of the
Mammoth starting point Perley II
in the presence of both the supe
tendent and the mine foreman of
Raymond and Ely, built his monun
and placed upon 1t the Hermes no
of location, claiming 1000 feet west
from that point This location
made August l, 1871. Work was i'm
diately commenced and continued t,
prosecuted until January. 1873. will
any claim ever having been made
Mr.. Raymond personally or by
Raymond and Ely Mining Comp
September 3, 1871, Lightner took
Raymond, who was the largest oy
in the Raymond and Ely company
the ground. showed him the Hel
shaft and pointed out the gr'
claimed by the Herines company.
mond at that time made no clail
the ground and advised that
Hermes company go on with
work. In September 1871. some
weeks after the Hermes location.
mond bought for himself at Salt
City 900 feet more Of the old 1854
naca extensions, with view douh
of claiming the ground located By
Hermes company. He did nothing
this. however, until about Jan