| Show THE EUREKA BECK SUIT u i judge powers 11 decision I 1 shall end endeavor cavor to give a afew w ex pr which have hava beau indulge ind alsed d in ID by some of the tha most intelligent of this place placa in regard to Io in ilia great willing suit bint which bile bocc lipi I 1 the attention and time of 0 the first dia triet court of 0 thill leitl Torri tory tery lor for ovir thirteen weeks anil and which las has callej called into inta requisition the largest aal most scientific of this or tiny other e uti n and which of las has I 1 n 0 1 v a great amount ot of money to bot both it of the litigants hitik tilts without without rea ing through all this document which to ty hay the least is misleading to the tha general tharal reader by ot of theories nuit high hig 11 ter derius used used I 1 will confine ni self to salient points that have a knect bearing upon tle the lu question estion it at issue kasuo 1 lowera 4 tho iho barsla baroka judge says ba 8 company contends that the ore found in in the claims I 1 uno broad lodo lode which la is wider than tile side aide lines of 0 tho the L eureka towards its iti northern ond end and efti ads into the bullion on cl claim 3 that theta theio are two veins veins or id lodes 1 s that tho ilia two longitudinal 1 fia aurea uros called tho the east cast ind and west fis fig bures tire IB the vast east anti anil west veins veins and that they are divided by a clearly declined boundary ot of country rock they hey claim that the westy eill gassei entirely without tho the side lines of 0 the eureka euraka and be cind tile bullion lodo lode these are the conflicting claims of 0 tho the parties rod the ibe ishaia upon judge powers has this thia aw suit snit in III favor ot of the lureka eureka mining cota com puny pliny it will b lm bi I easily ike that tho the E eureka n rek it com clawy through their I scientists in tend that there is one br ad aiu ell tir or lnier ali I 1 cupo s 0 n leg all the veins in or ludon lu in tile hie neighbor hood and the billion C on doniny Iny their equally loureed cen i it is that there them tile two di distinct ii n vil lm wall or between t irin waking milking their conditions as arut as although were m hiloa il ca 1 if I doctors differ who is going to dec I 1 dechdel idel now what should be done in the promises premises and how bow can we ar arrive ive at a just conclusion I 1 I 1 t take taa fie I 1 facts ns as they exi exist 81 lot let us have baye the ibo evidences of honest disinterested practical micens throw aside the theories a and nd of Bo so called s even though they have a w world orld wide fame because el theories are uni only yop inions for a thousand theories tha ories are not dotso so good as basone one well established fact aai cannot be ba akon ks aa evidence in auy court of theories are axe not so BO good HB as banded ovi d alocco once they are in place and all ail right T lit tp be introduced into of le learning arnink for the advance advancement mont 0 of f hut but they aro are out of place in a court of equity and justice as filets facts to no the rights of prop the theory set up by the pl plan antill tiffin ia the cross complaint will vill toe be demonstrator beyond tho the possibility of a doubt when they roach that depth where geologists say bay that the interior of our globe globa is a molten pup pui until theu then scientists and courts will better conform themselves to facts facia that oin oan be established by tho the usual oila de mandod in courts ot of jus tico what aro the tha facts aucta in this case and facts that can ha be established by a cloud of who are well acquainted with tho the condition null and they are ara just as stated by the iha defendant lu the he cross complaint viz viz that the eab abt and west veins veins are two distinct ve ns and are divided ly by p a clearly clearl de defined tined boundary ot of u dmd realized country rock and that west vein passes entirely without the sidelines side lines of 0 the Eu eureken relin and therefore li the ia lawful property propel ayot of the bullion mine ine and I 1 will udd add here who ought to be protected protected in their patented rights adge powers ignores every right that tha belongs to the defendant defenda nL all can aco oa in IB his rulings that ho he keeps the do iu lu the background bu 91 gevea a aw ido son sea and an aa extensive it etude tyes to the tha plaintiff the fol loving statement made by b ill alio J ju igo shows tile oscillating condition on diLion of 0 0 hl hia annd 1 1 much may bo be advanced in in favor of either theory in fact this is la a calso in in aich meemay men may honestly hirer differ thell lio lie goes goca on oil to sy say that tile the court couri ea tan only determine it by the tha atice of tild ov idonie ai and immediately follows ot infer in his pre Q d ranee ice of 1 that thellma alie liec tt 0 oc 3 rat at eureka are more or less lesa dolo mitic containing carbon ate of lime ind and into of ma magnesen gnesin etc the fhe thought lins has just strack me mr me editor editor that you yon lo do vot not want anny moro more 0 of tins th pall p hig down evidence 1 0 of audgo idge pocas tile it of utah judge aioo over era 3 lias liaa been cari laniad i ed away too much minli by tile testimony of those scientists statements asero clothed lit tile tha most beautiful language lin and an 1 they turned t tie lie leaves leni as oa 0 tile woun Wins and in 1 t p g arito ell how nature built hor treasure treasure vaults and phed therein the precious Ille al tins this jis a good donough as aa it ft ire and is is very and pleas picas mit alit to olio cin can le be v as ag id lUin tit 0 not rift quality duality in in tile otilit 8 ac ut 3 ilen e it in this district limi lime ex presse to ma that it ai rather imao arinto for mr fr uck eek that lie he belonged to a fortain dais in thin territory ilni if L had not the would have beau in his favor lie ho thai M i t ina may tina certain that have been been doM loped of odmor a vory prejudicial Vre judicial elL lActer m bich aroi aro bald ald to live iffla euca the decision dei aaion in in the case cae it ia 11 t gua that tile ot of khill justice 1 14 in in salt halt lake joke city lust Bui niner ILI ain I 1 hief dimmg niall ith juilio boiver ai a nell as is luing belp j lt in in tile the eureka 1 hill property has tended about cunil the and and that the presence nt if george corge r E whitney fields brother hi ill law baying tile tho N M buto liole precess of 0 uio tile wal aas w in in the lio same bame dirce mi ioviero Io viera Is making a record by ins bigl i li rulings in tho courts 0 of f itah that hi it will leave aae him nothing but in an choly memory there are a few more inure cointa that ali it I 1 wished to lit in tile tho late 1 ito ru i ti lings lingg miedy tiby letteris too long not noi A MINMI lureka city gintic tintic jan SO 26 1880 |
