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Show r ; WESTERN MINING GAZETTEER. THE EMMA SI LYE K MINE LITIGATION. Iv Juche Choate, in the United States Circuit Court, New PUBLISHED WEEKLY. DEVOTED TO GOLD AND SILVER 31 1 N IN G AUTHORIZED AGENTS: 3rAJ. Danilsox, Blnckfoot, Idaho. John 3IcCi. Scott, Eureka, J. II. Dates, 41 Park Pow, Nevada. New York. Cal. C. Clawson, Bonanza City, Idaho. S. M. Pettkxoill & Co., 37 Park Dow, New York. T. E. Cloiif.cy, Galena, Wood Diver District, Idaho. Geo. P. Dowell & Co., 10 Spruce Street, New York. S. 31. Pettenoill & Co., No. 10 State Street, Boston. Charles K. 3Iilleii & Co., Doom 2, Tribune building, Chicago. Charles W. Crane, Doom 30, Safe Deposit buliding, San Francisco. N. W. Ayer & Son, Times Duilding, coi. Chestnut and Eighth Sts., PMPa. Ai vertisers will please remember that four issues arc one month. Snismirriox, postage paid: United States and Canada, $3 per annum; all other countries 1. Payable in advance. e Remittances should le made by Order, Dank Draft or Degi stored W. to Mark. 3Iusi;hovk. Letter, payable Commcnioatioxs in regard to the 3Bning or 3Iilling of Ores solicited. Descriptions of new camps specially desired. Post-Offic- Dudixg the present week Mr. Musgrove will visit and write np the mines of Park City. This will be follrwed by a personal examination of the principal camps of Utah, and perhaps other States and Territories of the Coast. The reviews of the mining properties will be full; in fact, all that can be seen by an outsider. It is reported that a project is on foot to consolidate and in- corporate several of the best mines at Park City. The Horn Silver Company, in order to push the erection of k their smelter, at South Cottonwood, six miles south of this city, are putting up an electric light so that the carpenters can work night and day. It will require 40 cars to transmit the ore reduced every twenty-fou- r hours; the distance being 225 miles. The Company find that on account of fuel and labor the ore can ho carried this distance and reduced at less cost than at the mine. live-stac- The Eureka Tunnel, Eureka, Nevada, is in a distance of 1,500 feet. Active work has been resumed on several mines in Bino-- - ham, which have been idle for a long time. York, on the 1st, handed down a voluminous written opinion in the suit of the Emma Silver Mining Company, limited, against the Emma Silver Mining Company of New York, T. AY. Park and II. II. Baxter, overruling three pleas in bar entered by the defendants, Park and Baxter, and the plea in bar of the defendant, the Emma Silver Mining Company of New York. The Judge holds that the three pleas in bar of the defendants Park and Baxter and the pleas of the company defendant, all raise the same question, namely, whether the judgment in the suit at law, in this Court, in favor of the deiend-ant- s Park and Baxter is a conclusive determination of the cause in action in which this bill proceeds lor the avoidance of the contract of sale or of the facts constituting the cause of action. It is contended on the part of the complainant that whatever may the effect- of the judgment as to Park and Baxter, the defendant company cannot avail itself of the judgment as a bar or as a conclusive determination of the facts, because the defendant corporation was not a party to that suit. The weight of authority, however, is that where an agent in transaction is sued after the termination of his agency, and upon a trial of the merits, the issue is determined against the the plaintiff, the principal, although not a party to the suit, can avail himself of the judgment as a bar when lie is sued by the same plaintiff in the same cause of action. While the principal, if he had no notice of the former suit, and no opportunity to defend it, may not be bound by a judgment against his former agent, or be made responsible for the agents bad pleading or blunders, in the trial of the cause because this in effect would be to deprive him of his property without due process of law, yet as regards the plaintiff, who has before sued the agent and been defeated, there is no reason why he should not be included upon that principle of public policy which gives every mail one opportunity to prove his case, and limits every man to one such opportunity. He has had his day in Court, and it is immaterial whether he has chosen to test his right as against the principal or the agent in the transaction, provided the issue to be tried was identical as against both. The J udge after a full review of the case and the citation of many authorities, overrules the three pleas in bar of the defendants, Park and Baxter, the plea in bar of the defendant the Emma Silver Mining Company of New York, and the joint plea in bar of all the defendants. - The amount of bullion being shipped from Utah shows that the mines produce more bullion to the number worked than any other State or Territory in the United States. Alta District is again coming to the front. This is one of the most promising districts in Utah. W. II. II. Bowers has sold one of the celebrated Buckeye engines, 10x32 inches, to the Horn Silver Mining Co., to go in the new smelting works. Isnt it a little strange that some of our Utah mines are not listed on the Boston Stock Exchange? The development of the mines in Marysville District progresses favorably. Tin: Eureka Sentinel says the Albion Company is working thirty men. A dart Y from Stoilaeom, 'Washington Territory, is reported to have found a gold and silver ledge on the Musshell,a tributary of the Nisqually River, which assays well. I ii c A X 0 w D L 0 i m re iP1 er I ( j dc ini ve ou M3: WHAT THEY EXPECT. According to the San Francisco Post, the people of that city arc expecting to sec a boom in mining stocks soon. That paper says: During the ruling depression in the line of mining shares, which are so generously held throughout Nevada, no! more convincing appeal to the voters of that State could he made by either candidates than through the medium of a genuine boom in the market. There never has been a great political rivalry in Nevada that stocks did not play an important part in the contest. The people expect something of the kind from Sharon or Fair, after having paid so many millions in assessments over their counters. These potentates can hardlv have failed to have estimated the necessity of making an active stock market a leading feature of the campaign. .ser cal 'of hai act Sic 1107 .her mii him :hi tosf he Cusihuiriachic Mining Company is the name of an on terprise which has been floating on YVall street, and we expect to be asked to believe presently that there is uan active demand for the stock. T 7. : t Iwr Opl, |