The Pioche record. [volume] (Pioche, Nev.) 1908-1925, 1921-06-24

Selway Steel oPst and Fence COM
pany were acquired by Cavanagh in
the amount Of over $4,000 in pay
ment for the mine and the incorpor-
alto to be former for the purpose Of
working the mine was never made.
Shortly after the purchase of the
mine the Selway Steel Post and
Fence company passed into the
hands OF a receiver, who broughth
action against the Cavanagh and
Montgomery for the return of the
$4,000 represented by cash and
reliable notes which Cavanagh and
Montgomery had acquired through
the sale OF the Nevada Des Moines
mine.
The case was brought before the
District Court on June 7, 1921. and
both parties requested settlement
wltnout trial. A stipulation was
then drawn up before the Judge by
winch Cavanagh agreed to return
the $50, 900, retain the mine and re-
ceive fee Of $4,000 for legal serv-
Ices In the matter, with further pro-
vision that the case against the Sell
way Steel Post and Fence company
De dismissed with prejudire, to the
end that suit mighth be broughth by
Cavanagh against the individual Of
1cers OF the Selway company for the
enforcement Of the contract to mr.
chase the mine.
On the presentation of this stinu
'ation for the courts approval and
signature, evidence was presented to
the judge that Cavanagh and Mont
gomery while releasing the $4,000
in their possession to the receiver
according to the terms OF the stipu-
ation,y had obtained an agreement
from the Secretary OF the Selwav
steer Post and Fence company,
whereby he personally would give
Cavanagh and Montgomery $40, 600
TOT the mine. On hearing this evi-
dence. the Judge in a scathing speech
OF rebuke. stated that he felt that
the court was being grossly imposed
upon and disparaged, and ordered
immediate trial Of the case. Cava-
narh and Montgomery, then, through
their attorney, Immediately with
drew from the defense, and the cas-
proceeded for a day, the plaiutiffs
being heard from, with NO cruan-sn.
animation, defendants having com.
pleteay withdrawn from the trial
Evioence was submitted to show
that Cavanagh, while attorney Tor
the Selway Steel Post and Fence
company, had negotiated the sale OF
Lne Nevada Des Moines Mine at
P1oche. for $25,0UU cash and y75.
VoV worth OF shares, the property
anu mine being acquired by Caya.
nagh by foreclosure of mortyaee in
the amount OF $4,000 from Caya-
naghs Nevada Des Moines mining
company.
In the midst OF this testimony. a
writ OF certfori was fled accomnan-
led by a $4,000 bond, bringing .ac.
tion against the Judge for his failure
10 sign the stipulation, and his ac-
lion In re-assigning the case for trail.
rms proceeding Immediately termn-
ated the hearing, and the case will
be heard before the supreme court
at eds Moines this week.
The Nevada Des Moines mine has
al the present time, no or exposed
or developed for extraction in the
shaft or workings, possibly in the fu-
turef urther work will be done to de-
termlne the presence or absence Of
the almost too wonderful ore beds
stated by the management to have
Deen encountered by the diamond
drill thirteen years ago, and eventu-
any prove that the value Of $150,U00
slVen the mine when the receiver
TOOK over the entangled affairs OF
the Selway Steel Post and Fence
company, was correct, or whether
the owners had attempted to unload
a $25O,000 lemon on an unsuspect-
ing agricultural company. Such
deals as the sale OF the Nevada Des
Moines Gold" mine for $25. 900 ann
other consideration without even the
rormalfty OF mining engineering ad-
vice preceding the payment Of the
money tend to bring the mining in
dustry into desrepute and should be
given the fullest publicity.