Show THE TOWl SITE CASE How the Application Came to Be Made I I VALUE OF THE IMPROVEMENTS Two Hundred Citizens of Eureka Are Interested In-terested In Obtaining the Townsite That lass Meeting I The hearing in the Eureka townsito case was resumed in the land office yesterday I morning when the applicants for the town site opened their case and Attorney Davis stated that he wished to call the attention of the registrar and receiver to the objection tion made by the applicants at the outset to the introduction of any evidence relating to mineral claims excluded from tho applications applica-tions or outside of the limits of trie town site as applied for He now moved that all the testimony submitted under such objection ob-jection be stricken out Counsel also moved that the protest by the mineral claimants be dismissed because from the evidence submitted it clearly appeared that the protestant pro-testant had failed to establish his case Dr Charles W Clarke was then called and he testified that he was a physician and I surgeon and had lived av Eureka for three years When the mass meeting of citizens was held at that place he was made chairman chair-man of the committee of twelve appointed to look after the townsite matter Mr Davis You may state in your own way the causes which led to the formation of that committee and the proceedings which resulted in that committee being formed Witness said that in buying a piece of i property on which to erect a drug store he found that he could have only a squatters quit claim deed In talking with others he found a general feeling of dissatisfaction with the status of the titles There had been a good deal of talk among the lot owners as to the proper course to pursue It was finally decided to consult lawyers and arrangements were made later to initiate ini-tiate proceedings Some two months afterwards a public meeting of citizens interested in-terested was called and from one hundred and fifty to two hundred were present with the result that the committee was appointed ap-pointed with authority to employ counsel and raise the necessary money to meet the expenses The proceedings now being held in the land office were brought by the committees com-mittees direction Major Bird moved to strike out the answer an-swer ol the witness as irrelevant and immaterial im-material Witness answering other questions said the meeting in question was attended mainly by persons interested i in lots or residence property or business property I and by some of the claimants i Mr DavisWhat was the condition of the town of Eureka at that time January 1891 with reference to conflicts between mineral claimants and settlers on the surface sur-face of the ground i I I Witness did not understand the Question i Ques-tion i Mr Davis Was it not a fact that con I filets had arisen as between mineral claimants claim-ants within the townsite application and settlers that the settlers could neither secure se-cure title nor any guarantee of title to the ground covered by their settlement and that this condition of things resulted in the calling of a meeting and the appointment of this committee Major Bird objected to the question as a flagrant attempt to direct and instruct the witness as to what counsel desired him to testify without laying any foundation whatever for the question or for the witness wit-ness knowledge of the facts as they existed ex-isted WitnessThere were such conflicts Nothing but verbal assurances wore given by some claimants to some parties that they would not be disturbed in their settlements settle-ments Upon application for patents by some of them they refused to give any written guarantee or bond for the land occupied oc-cupied by the settlers We worn not willing will-ing to take their word and bo at their mercy when thav had nrnnnrnri thnir nntnnta wuou W uau JL uULU luuir < > Ull kuujr JJIUUULUU patents Asked by Mr Davis in what direction from tho business portion of the town the place was likely to spread as it increased population the witness said easterly From the nature of the ground it was not possible for it to grow in any other direction The population of Eureka at this time was in his belief from fifteen hundred to two thousand It had the usual proportion of business houses churches and schools ordinarily or-dinarily found in a town of that size Mr DavisWhat in your opinion is tho present value of the buildings and improvements improve-ments other than those made by the mineral min-eral applicants within the towusito application appli-cation WitnessFrom 200000 to 5300000 after a careful inspection In crossexamination by Major Bird witness I wit-ness said hA was acquainted with Mr T D I Sullivan who located the Wolfo Tone mining claim QDld he ever protest against your building upon this lot or did ho ever serve you with a written notice stating that ho I was the owner by location and protest I against your building any structure upon the claim AI never had any protest of any kind served upon me personally Witness disposed dis-posed of his drug store property about July 1 1891 in consideration of moneys advanced ad-vanced to him QHave you owned any lots or property prop-erty in the town of Euroka since July 1891 up to the present time Major Bird objected to the question on the ground of immateriality WitnessNo 1 have refused because insecurity of title I sold the lot referred to for what it cost me It was sold with the understood right of redemption Major Bird was preceedingto interrogate the witness further on this subject when Mr Davis protested on the ground of improper im-proper crossexamination and witness himself him-self said ho declined to open up his personal affairs further QYou have stated that the population of Eureka is from 1500 to2000 Now state how notice was given to these inhabitants n when your call was made to consult about having a townsite entry made AI think but I am not sure that it was published in the paper and written otices put up in public places Major BirdAnd with that published notice and posted notices out of from 1500 to 2000 paople you got trom 150 to iiOO people peo-ple at your meeting did you v AThe 1500 would include the entire population women and children A part of the men who own these lots were on the night shift and could not attend and 150 was a laree representation under the circumstances cir-cumstances The rest of the day was principally taken up in the crossexamination of this witness but not additional of importance was elicited The hearing will be resumed this morning morn-ing |