Show IT WILL GO UP The Appeal In the Eureka Town site Case Claims Made By the Defeated Miners and Mine Owners Why it Should Be Reversed An appeal in the Eureka townste case bas been filed in the land office It is a J voluminous document and cites numerous decisions mado by tho supreme court and interior department The townsito applicants appli-cants who won the original suit have ten days in which to answer The applicants state that a large portion of the land applied for by them is covered by mining locations and is mineral in character char-acter to the extent of over one hundred and thirtytwo acres Upon this admission the registrar and receiver re-ceiver deny their application They then file another application sworn to by the same judge and witnesses that the lands are nonmineral in their character to the extent of their wholo application This awakens tho mineral claimants and they protest against the allowance of the entry for the reason that the application affidavits affi-davits are false and that tho lauds covered by the mineral location are mineral in character char-acter The townsito applicants then compromise com-promise or attempt to compromise for tho benefit of a few with the McChrystals und again have the probate judge and his witnesses swear that a portion of the land covered by the North Extension Zulu Valley j Val-ley and Ridge and the Last Chance are all mineral in character and attempt to exclude ex-clude them for that reason The attention of the commissioner of the general land office being called to this compromise I com-promise he denied the authority of the reg isti ar and receiver to order a bearing and of the probate judge to mane a townsite entry basing his denial as to the probate judge on the EdmundaTucker law Be teen Instructed In-structed the registrar and receiver to order H hearing issue new notices and have the district judge make the application for the townsite This was attempted to be carried car-ried out through John W Blackburn judge of the First judicial district of Utah wno made the application or attempted to make it without any personal knowledge or information in-formation concerning the lands or their character or the town of Eureka or witn out any personal knowledge concerning tho matters sworn to in the affidavits of Footo and othors c Vo claim that the application is a fraud for the reason that it is an attempt to enter a townsito without embracing the town Itself We claim that there was no authority for mailing of the contracts between Noah McChrY tai John McChrystal and John H McChrystal for the exclusion of the mining claims owned by thorn on which the principal business portion of the town located Said contracts are not made out in the proper form and in regard to the law they are not worth the paper they are not worth tho papal they are written on and the same cannot be enforced being no forfeiture clause attached and if its terms are complied with the large majority of the inhabitants of the town of Eureka would be defrauded out of their proporty Wo claim that the application is made for the purpose ot obtaining title to valuable valu-able mineral land and for the purpose of speculating in town lots We claim that all of the mineral locations within the townsite application are valid mineral claims We claim that all of the lands covered by the mineral locations are mineral in character char-acter and not subject to a townsite entry We claim that the ground excluded from the townsite application on account of the mineral character and the other mineral claims in the application aro of the same mineral character We claim that the requirements letter Nfeof tho honorable commiaiionor were not complied with and that there is no authority for the relInquishment of any part of the townsito application The only claim mud by the towneito applicants ap-plicants U that we aro not taking out and shipping ore and unless we have done this the land is nonmineral in character This is their case and we claim that their position po-sition U a false and exaggerated one We have proven beyond a doubt that as a present fact all of the locations aro mineral in character la each claim a vein of precious metal bat been developed Wo have shown thai it is necessary to go to great depths before pay ore Is struck We have shown that the mineral claimants have expended large amounts in the development de-velopment of their claims We have shown that the surface of the paying mines and the formation on the same are of the same general character as our locations We have shown that there are paying mines to the north south eastand t west of our locations but that the general direction of the ore voins is northwesterly which of necessity would take them through the land in question We hare shown tho land to DO in a great mineral belt or zone rnd we now ask your honor to decide that the land is mineral In character char-acter |