Reno Gazette-Journal from Reno, Nevada • Page 3

SUPREME COURT DECISION, tyo. 1393-1 9 Reno Evening Gazette Fri lay 25, 1853 SOUTHERN PACIFIC COMFY Galifornia State Analyst '1 Royal Baking: Powder to all in Purity and to! "For purity and care in preparation the 9 9 9 9 9 9 Baking Powder equals any in the On aii'l after July 36th, 1893, trains will eavckcno daily as louows; 7:3 If Flt mail tram CVr.len and east, carrying first-class pfctengers omy. M. Express train 'r Sacra memo, San Francisco arid points south. :35 f.

VI. Extress for Otrrien and east carrying first and serun mail for Sacramento, tan Francisco and points north ana south. Rick'o Gkay. T. H.

Goodman, Gen. Traf. Msrr. Gen. Pass.

Agt, San Francisco, Cal. TlMK TAKLFJ4. Th tables give the time of arri-ral afidriei-armreof pasneuger trains at Reno kwivk. 1 ra aims c. r.

LKAVE. 9 20 p. 2 a. m. 8 30 a.

9 io p. Si. 1., hastbound No. 3, Eastbound Kx. No.

2, Westbound Kx. No 4. Westbound Ex. 9 -5 p. a.

m. 8:50 a. m. 9.20 p. tn V.

T. No. 1, Virginia Ex. ..7:55 a. No.

9. F. Express. No. 3, Local Passengr ...1:45 p.

m. No. 4, Local Passengr ts p. 11:40 a. m.

It. A Express and Freight. I. ..8 a. Express and 4:30 p.

HI. 1 imc of Arrival and Departure Mll at Keno. al MAIL FOR CLOSES. AKHIVk it has greater leavening i 1 i i we nave any Knowledge. to test shows that ri i to anv oi wnicn sV to" POOR MAN'S CLOTHING HOUSE Is prepared to ktior-k prices with a vigorous blow.

They bar. a dosen reasons for ihi, oilier among which Is the fact that their Fall are oa the way. Analyst to to to ft to V. No careful housekeeper can afford to use any baking povder but Royal. i Wi'l he struck, and active times may tie looked for.

Come Before the Goods are All Thinned Oat! P. RUSSACK CO. mSHOESODOMS. LEMON SODA AND CREAM SARPAPARILLA AND. IRON CELERY AND IRON APPLE CIDER AND ORANGE CIDER.

NATURAL MINERAL WATER OF ALL KIND8. SODA WATER IN QUART BOTTLES, Bottled Expressly, for Export BY THE CASK, DOZEN OK CARLOAD Reductions made for large lots. CASPER BECKER, P. O. Box 310.

and Sierra Sts. In the Supreme Cvnrt of the State of Xevada. Patrick Brady aud James Prady Appellants John Husby, Respondent, SYLLABUS. BY BIOELOW, J. i.

a parry mat relies upon an equitable defense to an action of ejectment must set up in his anawer the facts, coustituting the same, or it wiJ not ba considered. z. it is tne record oi a mining claim, and not the notice of location, that must contain each reference to a natural object or permanent monument as will identify the claim, and only then when the local laws re quire a record to be made. 3. uere tne recora oi a mining claim contains such reference to natural ooject or permanent monu ment, as uiiht under any circutn stances identify the claim, the record is admissible in evidence, and it be comes a Question of fact as to whether such reference ia sufficient.

4. In the absence of all evidence upon the point, it will be presumed that the reference is sufficient for iden tification. Appeal from the District Court of the Slate of Nevada, Eureka county, A. L. Fitzgerald, District Judge.

F. M. Uuffaker, for Appellants: R. M. Beatty, for Respondent.

STATEMENT OF FACTS. Vi tiou in ejectment to recover possession of the Eagle Pass mine, situ ated in Cortez Mining District, Eureka county, Jhe plaintiff located the claim on August 5, 1885, by plainly marking thn boundaries and placing tuereon trie following notice of location: "Notice. I. the undersigned, have this day located this vein, ledge "or claim on the Coriez mountain. I claim 750 feet northeasterly and 750 feet in a southwesterly direction, and also 400 feet on the southeast side and 200 feet on the northwest side of each side of the claim.

This mine to be known as the Eagle Pass mine; Cortez Mining District. August 10, 1885. Pat Brady, locator." This notice was recorded io the records of Eureka county on August 21st and in the district records on August 24th of that year, which was the only record made of the claim. There was evidence tending to show that by agreement of the parties the defendant was to be a half owner in the location, and that it was located in the plaintiff's name also, because the defendant was then an alien and unable to locate mining claims. On March 2, 1890, the defendant, having become a citizen, located the same ground under the name of the Ontario mine, and thereafter ejected the plaintiff from, the claim.

bioelow, j. (after stating the fact-). In view of the state of the pleadings in this case; it is unnecessary to pass upon the question of co-tenancy argued by counsel. If the plaintiff's location of the Eagle Pass mine was valid, he became the owner of the legal title to the whole claim. If the defendant is the equitable owner of one-half of that location, and for thai reason entitled to retain possession thereof, this would constitute au equi table defense to the action to that extent, but he should have set up in hie answer the facts showing that such is the case.

Not having done so, the action imist be tried and determined upon the issues made by the pleadings, which simply involve the validity of the conflicting locations. Pom. Rem. Rights, Sees. 95, 679, 706.

Arguelle Bours, 67 Cal. 447. Brack vs. 42 id. 346.

As this court ha.s -frequently decided, it is the record of the mining claim, and not the notice of location, that must contain such reference to some natural object or permanent monument as will identify the claim, and onty then when the Jpcal laws re-qnire a record to Vie made. Pouj ide vs. Ryau, 21 Nev. Southern Cross G. S.

M. Co. vs. Europa Mining 15 id. 383.

It wa4 therefore error to strike out the plaintiff's notice of location, because it did not contain such At the time this ruling was made the court had no judicial knowledge of the existence of any local laws in the mining district, providing either for the form of a notice of location, or for any record of the claim. The plaintiff had testified to porting the notice upon the claim as a part oi the act of location as such It "was admissible in evidence, as we know of no general law requiring such notice to be in any particular form. Subsequently, how ever, trie deleudant onerea tne re corded notice in evidence, as stated, '-for ther sole purpose of showing that the said notice does not comply with anv law or. custom, out tnereatter nmjrii seems to have- treated it as being in the sufficiency of the noti and record was passed upon in the findings. Under these circumstances it seems doubtful, least, whether the original error of striking out the notice waa consider the case as Jhough it waf 5 the exception of the, notice pf location, or the record of the claim, or perhaps both, there was no contention that the plaintiff's location of the Eagle Pass mine was not strictly in accordance with the law, nor that the annual assessment work had not been duly performed so, to dispose of the appeal, we need only consider the sufficiency of tha.

notice and record. The defendant introduced in evidence a few sections of the local mioing laws of the district, of which one required the notice of location to state certain things, but the notice here seems to have complied with those, requirements, and as the defendant does not contend that it did. not, we pass it by. The court found that the local mining laws required the notice at location to be recorded, or at least filed for record, in the records of the district within thirty days after the discovery of a claim in order to be respected. This finding the appellant claims to be contrary to the evidence, but without deciding the point we shall assume the finding to tie correct, for the reason that the evidence is not sufficiently before us to enable, us to determine the question satisfactorily.

The finding is in accordance with the first rule adopted by the miners in 1863, and which does not appear to have been expressly repealed, nor, so far as the roles, subsequently adopted re before as, does it seem to have 'Tis No Secret! Lend Us Your Ear Listen! It is no secret that W. P. MCLAUGHLIN'S is Superior Strength. Royal i market, an a our power than of California, of Health, etc. BRRVITIES.

Itol ad Qonaral Intallic.ae. Phil Algeir's little one is reported some better to-day. Ice cream, bread, cauJies and soda water at the Palace Bakery. tf Plumbing, tinning, and pipe work neat and cheap at Lunge A Schmitt'. Cool summer drinks at Dusan Chur-ich's Merchants' Exchange, the finest saloon in the cityt" The attention of anyone wishing the services of a housekeeper is called to Hie' 50-cent columnr Girden' hose, lawn mowers, ice creaiii freezers and refrigerators at cost, io close them out with the season, at Langt Schmitt's.

Neglect of the hair often destroys its vitality and natural hue, and causes it to fall out. Before it is too late apply Hall's Hair Renewer, a sure remedy. Send your orders to the Washoe "Soda Works for orange cider and any kind of mineral water, which will be delivered to families in any part of aur5tf C. A. Thurston carries the biggest stock of books and stationery of any bouse between Sacramento and Denver.

Nothing in his line can be called 1 for that isn't forthcoming. The circus parade this morning pleased the little folks wonderfully well. The baby elephant attracted much attention. The clown on his 'little donkey was closely watched by the youngsters. The Clarendon front is being paintd up ia fine style.

When completed it "will possess one of the handsomest fronts in town. To keep up with the times, the house will be shortly wired throughout for a first-class, twenty bell annunciator by Wyatt and Peacock. The Chinese pay their doctor only so long as he keeps in health. They believe in preventing rather than curing diseases. This is sound sense, and one of the strongest recommendations of Ayre's Sarsaparilla, a medicine I which not only cures diseases but prevents them.

Messrs. Parry Evans of the Wie-; land brewery are becoming celebrities throughout the State. Their voices are known and seductive," but their beer "is doubly so, for while their 'voices flow outward in a stream of melody, Wieland's beer flows inward in the most enticing manner, resulting in an outward flow of song which rules the world. Tom Fraker'a celebrated Hamburger steak sandwiches are always on hand to replenish an empty stomach and fortif even Satan himself. District Conrt.

The case of Fail ny Cahn of San Francisco vs. Eliza'Brown that has been on trial for the past twodtys before a Judge Rising presiding, in the District Court, was de-eided this morning in favor of the plaintiff. She was represented by i Thnrnug TTaydon and Clark Jones and the defendant by Uurier Curler. In the fee bill case of Judge Linn and Constable Dickey vs: Washoe county the-demurrer interposed by ri defendants was overruled and they were, given ten days to answer. Aa Kxeellent JUiainfeetanr.

Sliced onions set in a room are a most excellent disinfectant, and take up all the poisonous' gases that are. constantly accumulating. It costs nothing but a little trouble to prepare them, and it is certainly worth while to try 1 To Cleanse the System Fflfectualiy yet gently, when coustve or'bilious, or when the blood is impure or. sluggish, to permanently cure habitual to awaken the. kidneys aud liver to a healthy activity, without irraUttng or weakening them, to dispel beadacnea, colds or fevers use Syrup of Figs.

Headache and Dizziness Frequent Causes of Apoplexy and tu-ralyaiav most recent and profound researches in this section by specialitst, have developed -conclusively that the above disorders fre quently result in death or permanent disa bility. Dr Miles' Restorative Nerving is the greatest remedy either of these apparent insignificent causes. Nothing approaches it in merit. Mrs. W.

E. Burns, bouth Bend who had suffered from constant head- ache for three months, was cured by it. The daughter of Daniel Myers. Brooklyn, had been insane lor ten years, and was having from 15 to 25 fits a day. Nervine cured her of both fits and insanitj.

Sold on a guar-" antee by S. J. Hodgkinson. Get a book fre- fey 9 II 9 9 13 A GOOD B3 Kt PLACE TO BUY spa IN PROPORTION AT Staple and Fancy-Groceries FRUITS, VEGETABIES, ETC. There is not a tradesman in Reno who will not sell yon gooda as cheap (freight added) as you can buy elsewhere.

They do more; they encourage so-terprises(not by words, but by daeds) that bnild up your and country. Any price list duplicated. Glad to show goods and quote prkses. Plsas call around. Gooda promptly delivered.

Country produce taken in exnhangs Pre. Chcrniityt Univenity California State Board 130 U. 291, 299. Justice Field, in delivering the opinion of the court, used this language A reference to some natural object or permanent monument is named for this purpose. Of' course, the section means when such reference can be made.

Mining lode claims are frequently found where there are no permanent monuments or natural objects other than rocks or neighboring Stakes driven in' the ground are in such cases the certain means of identification." Ia O'Donnell Glenn (8 248) it was accordingly held that a reference to a stake at one corner of the claim was a sufficient compliance with the law, and whether sufficient to identify the claim was a question for the jury. See also North Noonday Mining vV Orient Mining 6 Metcalf v. Prescott, 10 292; Campbell v. Rankin, 99 U. 261.

No evidence was offered for or against the sufficiency of the reference in the notice, and in its absence the court should have presumed that it was sufficient to identify the claim. Gleeson v. Martin White Mining 13 442 Hammer v. Garfield Mining 130 (J. 291.

The evidence shows that in the case at bar the boundaries were clearly marked, and a large amount of work had been done upon the claim before the defendant made his location. The defendant had written the notice for the: plaintiff which he now claims to be insufficient had assisted in marking the boundaries, and had helped perform some of the work of He knew all about' the was in no wise deceived or misled by the defective record. His only." claim of right to relocate the ground is based upon this technical failare' of the notice' and record to comply with the law. Under such circumstances, while to the extent that the statute is imperative it must be complied with, justice requires that the record shall be construed as liberally as the law will reasonably permit. The judgment and order appealed from are reversed.

Bigelow, J. I concur. Murphy, C. J. Filed August 23, 1893.

PERSONALS. Lieutenant-Governor Poujade is in town to-day. Frank M. Rowland of Long Valley is in town to-day. Mrs.

Bessie Applegate of Wads-worth arrived this morning. State Controller Horton arrived from below this morning and passed on to Carson. Miss Elizabeth Iribh has gone to Washington to accept a place in her father's office in that city. Mies Gracie Riehm, with her young sister, Katie, and Mrs. Lizzie Holman passed westward this morning.

C. A. Jones, the well-known lawyer, oi tmam Tmlru. op here he has been engaged professionally for the past four days. Aaron Abrahams and his niece, Miss Dora Abrahams, returned this morning from a six weeks' visit to the World's Fair and other Eastern cities.

Mrt Abrahams reports having had a splendid trip, and returns well satisfied with fifs visit. Dr. Wagner, professor in the University of Heidelberg, Germany, is registered with his wife at the Occidental. He is on a vacation, and critical in bis comments on our State educational institutions as befits his profession and experience. He' leaves homeward this evening.

Dan Mcintosh arrived from the city; on a flying trip yesterday morning. He came to look after the purchasing of two fillies. The young gentleman has a stable of fine horses, and expects to win some of the big purses at the California State Fair. After settling up bia business he left again on the evening train for the city. It Is Sot What We Say But what Hood's Sarsaparilla doea that makes it sell, and baa given if such a firm and lasting hold upon the confidence of the people.

For a dinner inner pill and general family cathar-confidently recommend Hood's tic Pills. For Over Kilty Years) Mrs. Winslow's Soot hino Syrup has been used for children teething, It soothes the child, softens the gums, allays all pain, cares wind colic. And is the best remedy for diar- irhoea. Twenty-five cents a bottle.

Sold tor gooas. 'j- P.M points in Cil. and Or. San Francisco, Sacto ant intermediate ooints. Ocrden.

all eastern point! 9:30 9:20 7. Ik. T. and all southern Doints 8s 445 Snsanvtlle and all points north Hutfalo Meadows, Sheep- head every Monday 445 Arrive efirvSnturdnvl T. locked pouch from Virginia and Car-sn arriv-s 1145 a.

mail closes, for same 1:31 1 m. Offi-e hours 3:30 a. m. to 6 p. Sundays, 9 to 10 A.

M. JUTTIXOS The Gazette is alwaya on sale at Thurston 's uews depot on Virginia street. Ia connection with his bath house, John B3IZ is running three barber chairs steadily. Jake Becker sets the best lunch of any public house in town. Go there and try it with a glass of his ice cold beer.

Oar Itapld Transitory existence Is brief enough without oar shortening; It by seeking medical aid, when we are some-, what unwell, from sources where it is only obtainable with great risk. Even if the doctrine were true that violent diseases require violent remedies, it does not follow that drastic pnrgatives, narcotics, powerful 'sedatives'' of the nervous system are advisable in cases where slight disorders man-lfestly call for the use of milder means of recovering, involving no subsequent dan-K' but edoally efficient. Hostetter's Stomach Bitters not only relieves, bat ultimately and completely relieves disorders of the stomach, liver, bowels and nerves, it ts a genuine tonic, healthfully stimulates the kldnevs. Is a thorough alterative, and a most effectual preventative of chills and fever and bilious remittent. The ntmost confidence can be reposed in the parity and sarety of its medicinal ingredients.

A Wonderful Knglue Cannot be Mnrpaased. An engine exerting surpassing power is always a source of wonder, and yet how many are entirely forgetful of the existence within themselves of an engine more powerful and enduring than any ever iuvented. Not, perhaps, until they experience i regular pulse, heart fluttering, tenderness in shoulder and arm, swollen ankles, asthmatic breathing, weak and hungry spells, smothering, short breath, or paiu in side, when its existence is no longer to be denied, as the possessor must know he has heart disease, Mrs. LeBar, Fitchburg. had heart fifteen years; had to hire house belp; lived on liquid food, Dr.

Miles Heart Cure and all symptoms left her. Continued usejeured her. Sold by S. J. Hodgkinson on a guarantee.who will fcive you the Doctor's book, free.

degeneration; To secure a normal and regular tissue change throughout the body use Brand-kktii's Pills. This tissue metamorphosis consists in constantly proceeding waste of tissue and its regeneration. Bbandreth' Pills are the best solvent or the products of disintegration of the tissues and increases their elasticity. They are au alterative and eliminatlTe remedy, which allay irritation and remove obstruction by aiding nature, and are of great benefit in cases of temporary and habitual constipation, torpid liver, biliousness, headache', indigestion, rheu matism, and diseases arising from an Impure state of the blood. Biiandreth's Pills are purely vegetable hanlntely harmless, and safe to take at any V1 Miles' 'Verve and Mver fills.

Act on a Mew priaciple regulating the liver stomach and bowels through the nerves. A new discovery. Pr. Miles Pills speedily cure biliousness, bad taste, torpid liver, piles, constipation. Unequaled for, men, women, children.

Smallest, surest! SO lonea s83 eentM. Samples Free, at Hodukinson's. re 11c to rausy afere. These wafer are for the relief and cure of puioful and irregular inensea, and will monove all obstruction, no mvtor what the chusq, and are sure au1 stfe Hvery time. Manufactured by Eruaraon Drug San Jose, and for le only by William Pinni-ger oo2Zvl A Mure f'ure fur Piles.

Itching Piles are known by moisture like perspiration, causing intense itching when warm. This form as welLas Blind, Bleeding or Protrud-ng. yield an once to Dr. Bosanko's Pile Remedy, which acts direct iv on the parts affected, absorbs tumors, allays itching and effects a permanent care. cents, urngglsts or mail Circulars free.

Ir. Boaanko, Philadelphia, Pa. a old by 8. J. ilodgkiuaon.

Ba sure and put a bo i of Ayer's Pill yoar satchel before traveling, either by Wnd or sea. You, will find them convenient, effleaciou, and aafa. The bint remedy tor crliveness, indigestion, andMi? headache, and adapted to any. climate. a'hllah' the Great Cough and Croup Cure, is for sale by 8.

J. Hodgkin eon. Pocket size contains twenty-five doses, Only 2icn Children love iL i Cantata Hwprnry, V. Ban Diego, Ca'sys; Catarrh Remedy la Ut arst medicine I have ever fount. that would do mm any good." Price A) ott.

i Sold J. Hodgkinson. A.M. P.M. A.M.

7:25 640 6:40 8 10 PALAGE DRY GOODS AND CARPET HOUSE been repealed by reason of necessary conflict with them. At the same time, with all the laws before us. it might clearly appear that it bad been re pealed, or at least dropped out of the code of laws in force in the district. For instance, if at a subsequent meet ing the miners had adopted an entire new code set of laws, it might appear therefrom that they intended to repeal or drop ail previously in existence, and be governed alone by those then adopted, which would annul the former aa effectually as would an express This prin ciple has been frequently applied where a legislative body has made a complete revision of all the laws upon subiect; under such circumstances it is reasonable to presume that they ntended to repeal all those not re- enacted, although no words were used to that enect. Other reasons might exist for concluding that the rule in question nai Decome obsolete, it is a question of intension, to be determined by a consideration of all the laws.

regulations and customB subsequently adopted or in force in the district. Thorpe vs. Schooling, 7 Nev. 15 Tracy vs. Tuny, 134 U.

S. U06: Sutherland's Stat. Const, sec. 154. Assuming? theu, that the local laws of the district required a record of the laiin, and provided for a forfeiture of it if not made, we are of the opinion that the record of the Eagle Pass mine is, upon its face, and as a matter of law, sufficient, and that the erred in holding that it was not.

iThe record makes one reference to what must be presumed to be a natural object the Cortez mountain. such a reference as might, under some circumstances, be sufficient to identify the claim. For instance, if the mount-' ain was so small that there' could be but one claim upon it, the reference -would seem to be perfect, or if it was the only claim there, it would abo seem to be sufficient to identify it. It is hardly necessary to say that we cannot take judicial notice' of what the Cortez mountain is, or 1 of its shape, size, or. extent.

A brief examination of the decisions will show that the courts have usually construed the statute requiring this record with a good deal jot liberality. In determining the sufficiency of such a reference Jt must also be remembered that the purpose of the notice is to direct the inquirer to the place where the claim is located, and not to show its precise boundaries as marked npon the ground. It most contain enough, taken within these boundaries, to enable a person of reasonable intelligence to find the claim and trace its boundaries." Gamer v. Glenn, 8 371, 378. In Flaving v.

Mattingly, 8 242, the same court held the following reference to be sufficient: ''The mining claim hereby located is situated in Snmmit Valley mining; district, Silver Bow county, Montana Territory, and is situated on the northerly side about ooe-fourth, of a mile from Park canvoo." It was there said: The objection eviaeuuy k0 effect instead of the admissatyity of the evidence. If there was tfo description contained in the noticeVbr attempt to i describe the locality or vicinity of the mining claim by reference to some uatpral object or perma-Jueot have been excluded by the court. cut wnere the description contained, in the notice is merely defective it should be left to the jury with the other evidence in the case. Now, a natural object is any prominent feature of the landscape; and certainly a canyon is as much a natural object in the landscape as the mountains which lie on either side of it, or a river of a plain. Whether or not a reference to it will be sufficient must often depend on parol evidence, for its length may render a reference to it indefinite, while it might possibly be shorter than a mining claim.

The object of the law in requiring the location to be made with reference to some natural object or permanent monument is not very apparent, unless it waa for the maiu purpose of directing attention in a general way to the vicinity or locality in which the location was to be found for the boundaries, distances aud courses are to be particularly marked and permanently fixed in such a way as to give notice that the land has been claimed. How much accuracy is required in this reference to natural objects and permanent monuments is not set. forth in the statute, and we are not inclined to hold that there must be a strict compliance with the act where there is a bona fide effort made to comply with the laws, as in thin case InHamrn 50 dozen Ladies' Guaranteed FAST BLACK Cotton Hose, and fall finish, best value ever offered, at 25 cents a pair. 50 dozen Ladies' Guaranteed FAST BLACK Cotton Hose, made of finest quality Ey plain cotton, very durable, at 6O0 a pair, or $2.75 per box of doz. In all the talk of hard times and distrust, the croakers seem to forget that this great country, with its vast natural wealth, is still left, and that we, in our Gieat Summer Clearance Sale, are giving away values that beat aU records.

Country Orders receive Prompt and Careful AttentioB. "Fine and Keliable Goods Sold Cheap." WILL BUY to 1 ft 9 Yards fluting Cloth ALL OTHER GOODS IF. Dry Goods and Carpet Store, PALACE BAKERY, EAST SIDE VIRGINIA STREET. jc' Tit-" 'J Flavored by the New Confectioner from San Franclaoo. Imported and iresh Made Caudles, Xute, BreaJ Cakes and.

Pies. 1 All Roods, including lea Creamrdelivered to any part of the city immediately on receipt of order. JOHN PETERSON. Lr. I'.

PEOPRIETOB.