Year: 1874

work under said agreement, and that the same
shah be bidding ppsn plaintiff and the mines,
and Is shall become q Hen upon the same as
its security In the premises, and the plaintiff
declares the agreement was msde In triplicste,
ono copy being In possession Of the defendant,
another In the custody Of the plaintiff and the
third deposited By consent In said city and
county, and that said agreement remaining un-
Cancelled throws


CLOUD uroz PLAINrnr's TITLE,
is an apparent lien thereon, lessons its valuss,
and obstructs any sale or lease or hypotheca-
ton that II may desire to make, and subjects
plaintiff to danger Of some future legislation
growing out Of the Same, when the facts are no
longer capable of complete proof or may be-
come involved In obscufity Of time.


THE PLAINTIFF THEREFORE, PRGIs THAT SAID


AGREEMENT BE ADJgDaED TO BE Re-


scISDEp -


and of no effect; that same be delivered up to
be cancelled, and that the plaintiff hold its
mine free, and be discharged Of any lien or
claim under said agreement, and that the de-
fendant be directed to acknowledge and deliver
a release Of It's alleged lien on mine Of plain
tiff, by reason Of said agreement; that defend
ant be eujoiued from susing up any title, lien
or claim to'or upon such mine, and for such
other relief as Is meet in the premises.


The complaint Is signed BY Milton and VII
son, attorneys for plaintiff, R. 8. Messick, j.
P. sugo and 8. NJ. Wilson, Of counsel for plain
tiffs.


THE TERMS OF THE AGREEMENT


may be briefly stated as follows: Exhibit B.
Articles Of agreement between the sutroTunne
Company and the mining company require the
tunnel company, in consideration Of the privi-
lege to execute before the first of August, 1869,
granted by Legislature, to prosecute with en-
ergy the tunnel and lateral drifts and put the
same in use that the tunnel shall commence
at foot hills of Carson Valley, between Corral
and Weber canons, and shall pass through
The Comstock lode to its western wall at some
point between the north line of the Ophir
claim and the south Zine of the Yellow Jacket
claim, and at depth of not less than /, 500
feet below top Of the Gould & Curry groupings;
that the tunnel company shall commence
the work Of running the tunnel through the
foothills and simultaneously sinking at least





of the tunnel and then to, drift in opposite
directions from bottom of each shaft, so that
there shall be seven places of excavation going
on until the tunnel is completed. The tunnel
company will, before the first of August, 1857,
guarantee that thrss million dellsEs at Least
shall be subscribed for the pdr16se of con-
Pleang the tunnel, Of which ten per cent shall
be actually paid in cash; that during the first
year not less than s40O, 900 will be expended
upon the work, and each succeeding year not
less than 5000, 900: Provided, That the amount
can be judieiously used after the completion of
the main tunnel, and that the tunnel COM
pany will furnish . correct statement Of ex-
penditures to the mining companies.


The tunnel company agreed that in the
event Of their not obtaining three million dol
lars subscfbtion, or II $500, 900 were not paid
by that company on August 1, 1857, In consid-
GRAFTON Of $1oo, 900 they would convey all their
interests to the mining company.


The tunnel was to have the capacity for con-
veying all the water running into It from any
source, and discharge the same at its mouth.
If the main tunnel intersects the Comstock
lode outside Of northern and southern bound
ary the tunnel company were to cxcavate or
run driff sufficient to carry of matter, to
erect railway for this portion Of timber and
supplies to the mines, and for conveying the
ores, rock, etc., out Of 1t, the grade to be the
same as the main tunnel. At the completion
Of the tunnel and drifts the mining companies
were to have access to them and use them for
the drainage and working of the mines.


All the employees or men who desired to 20
into the mines were to be afforded the means
for doing so without delay. The tunnel COM
pany were also to convey all the material to
and from the mines, when 90 desired by the
companies. They were to keep the tunnel
clear of distractions, and the mining COM
pauies, in case Of the delay of the tunnel COM
pany in doing this, were to have the power to
remove the distractions at the expense of the
tunnel company.


The tunnel company agreed to prosecute the
work vigorously, and to complete 1t without
delay.


The mining companies were to pay SO per ton
for all the ore extracted by them from the
mines after the works Of the tunnel company
had drained their mines so as to render all
other means of drainage unnecessary to the
lowest level attained. When the mining COM
panies used the tunnel for the purposes enum-
Grated they were to pay the tunnel company
twenty-five cents per mile for removing ore,
debris, &C., and also the same amount for con-
veying materials to the mines; also, twenty
five cents per head for each person each way
to and from the mines, all the employees In
cluded. In case the works are lower than the
tunnel the mining companies are to raise their
water by means Of pumps to the tunnel level,
and be there so discharged through the
tunnel. The tunnel company were to receive
no compensation for running ore until they had
complied with the agreements stated
above. -