OCR Interpretation

Arizona miner. [volume] (Fort Whipple, Ariz.) 1864-1868, October 26, 1864, Image 1

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Persistent link: https://chroniclingamerica.loc.gov/lccn/sn82016242/1864-10-26/ed-1/seq-1/

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Tisdale A. Hand, The Gold of that Land is good." Publisher.
T. A. HAM), Ptil)iHhcr. -
Payable Jn advance, -iUioat exemption.-
For one year. "... $g,oo
Far nix montjbft - . 3,00
For three mauikj ......... l,Q
BIngto eopio 1C
ADv22n.Tis1.yc: i
A Hanaro equals ten lines of' this letter. One"
square or loss, one insertion, $2,00. Each subsequent
insertion, 1,00, One square standing for three
months, $G,00. For six months, 10.00. For one
year $15,00 and at the same rates for larger quantities
Montezuma Citv, Sept 14,1804.
At a mooting of tho miners of the Bradshaw
Mining District, on Turkey Creek, in the Terri-
Storyof Arizona, Mi Moore was called to the
chair, aud Dr. G. M. Willing appointed becreta
ry. Tho following proceedings wore then had :
square, commencing at n monument in tho town
ot Montezuma, on i urKey ureeK, wnicn suan do
tho centro of tho district ; and thi3 in opeu meet-
in" was declared tho limits of the boundaries of
the said mining district of Bradshaw.
On motion Mr. M. Solomon was nominated
and by acclamation elected President of said
raining district for the time specified in its law3.
Dr. George M. Willing wa3 nominated and duly
elected Kecorder.
Section I. The name, style and title of this
S -district shall be the Bradehaw Mining District
I of A risooa Territory.
g 1 The fiteer tf r di assies sii be irw
g ident and a iicoitlr.
3. It statU h Um Of tii President to
I pmUc ttk nil MwVmgz vi Dm atiiwws, aod eauee
I the laws, rules tod regnlaUeos of the district to
trbc fiithfuily executed, aad aonl Um govern rwnt
f of tho United States shall, try get of Cogrs
I or otherwise, wtsblwb laws regulating the Mine.
I Tho President shall bo ox-officio judge of the
miner's court, before whom all causes relating to
i tho mines aha!! btt triad. Ho shall hold hisouiee
for thd toriri of ons yosr, or until Ins socctraavf is
duly elected and qualified. In the absence or
inability of the President the Recordor shall per
form the duties portaiuiug to tho office of Presi
dent. 4. It shall ho the duty of tho Recorder to
H keep a true and correct record of all miuing lots,
j claims, discovory lots, and building sites, or lots.
or parcels of ground not enumerated herein, in a
book set apart for that purpose, fie shall also
in person or by deputy bound aud number all
raining claims or lots or parcol3 of ground, as sot
forth iu these laws, aud give to the claimant a
certified copy of the same on payment of foes.
Ho shall also bo ex-ofiicio clerk of tho miner
5. Tho said Recorder, for compensation for
such services, ahull bu entitled to Iuo following
foe3 : For recording a placer, ledge or othor
claim, SI ; for recording mill sito or lot, 5 ;
recording deed or transcript, 2.50 ; affixing seal
of office, 25 cts.; administering an oath, 25 cts.;
each summons and subpoena, 2 cts.
G. On the 14th da? of September, 13G5, aud
on the 14th day of September of each succeed
ing year, there shall bt held an ftfocuwt for the
officers of this district, which ejection shait be by
" Anr ftwA ,w.mt who r ;
fied voters under tha laws, may appoint & ledge
of said election, vrhleli lodge shall appoint two
clerks, and may prooeed to receive tho votes of
lh miners for tho officers to bo oltJOt;d. Ko
person shall bo a voter at any suoh electiou affer
tho 14th day of September, 1804, unless Btich
person shall have resided in this district thirty
days prior to tho day of said election, aud no
person shall bo entitled to a voto unless such
person is connected or associated with some
mine in this district, and no person shall bo enti
tled to a voto by proxy.
7. It shall bo tho duty of said clerks of each
election held within tho district to record tho
names of each voter and mark unon tho ticket
tho number of such ballots in plain figures, each
clerk koonincr n separate list of names and votes,
and at tho fcloae of tho ballot box to record tho
votes counted by tho iudges of said election in
tho presonco of throe witnesses, one copy of
which fecord, of both nnmcs and votea, shall bo
filed with tho Recorder, and pno copy with'tho
President of said district.
8. Each riertion within .this district, shall bo
entitled to hold tho fonowiDg'clai'mE.r. The.work-
ing of one of said claims shall bo evidenco of tho
working of all, and shall hold tho samo as if all
wer worked, provided, howertr, that each and
verj discovery lot or churn, and one pre-emption
lots or claim, hy location, near said discovery,
shall bo held inviolate to the discoverer, whether
werkod or not, or whether it .hall bo one or the
other of the cltiuw mentioned, in this section :
Onu discovery lot on all lodges, and one by lo
cation, one placer claim, oa? hill claim, each con
sisting of three hundred fvet square, and one lot
for building purposes, 50 by 150 feet, and one
water claim, and one mill site one hundred yards
9. No person Bhall takoup a claim within this
district for agricultural or ranching purposes
to the exclusion of mining operations, nor shall
such claimant to such land hold tho same only
under the laws of this mining district, and the
same may bo taken up as mining claims by tho
miners thereof. Provided, however, that all im
provements ol value on such land shall not be
interrupted or damaged, but when a valuable
mine is known to exist, and any such improve
ments be thereon, the damages shall bo assessed
by throe disinterested persons, and tho claimant
of said mine shall pay to the owner of such im
provements the assossed valuo of such damages.
10. Two or more persons may form themselves
into a company for the more, profitable and per
foot working of their claims, and said company or
companies shall be protected and delended as is
provided for oach and ovory individual miner.
11. feaid company or association may take
up and hold a claim of one of all the above men
tioned classes ol claims tor each and ever' mem
bor of said company, and for oach operative in
their employ, and that may be duly employed by
said company In tbo working of said chums
Each e&spasj shall hare tho right of xli iiio
diseovrrtes u? laem a ilsfie gunwrs. miu
right of way for m4, sieves, mlUs, uueU, or
other opera lion n eessarr for mining pqrpotec.
Any miner or company of mioert may, in addition
to the grants speo&Vd in Ihm bvrs. acquit and
retain by treawr, deriee, or porchaee, nay claim
or triaims by any miner of this d if Vict or pertone
holding a claim therein, and said transler shall
bu by deed conveyed and acknowledged before
tho recorder of said district, and recorded by
him. And when l ha party resides without tho
district, then such tmusfor shall be acknowl
edged before any judge of any court of record in
the Uuitetl States or the Territories, and tho
same phall bo recognized by this district as valid,
and admitted to record.
12. Those laws may be altered or repealed on
ly in the following manner : Any eight persons,
members of this district, may petition to the
President thereof to call a special meeting of the
miners, or at their regular sittings, stating for
what purposo in full, and upon tho receipt of
3uch petition the President shall cause six noti
ces to bo put up in six of the most public places
of the district, uinety days before the day of call
ing together the miners for such meetiug, to
tako into consideration only tho subject matter
United States District Court, Third Judicial
District, Territory of Arizona.
Wm. R. Murray, and Wm. Roberts, vs. Henry
vVfckenburg, J. A. Young, J. K. Simmons,
James A. Moore, and Valentino rieg)riok
In Chancery.
Tho conflaint in this caso aven that m
Theodore jreen Rask, under whom, by dsed of
conTeyerK , the piaiotiuY claim, m partnership
with Henry Wickenburg, and E. A. Van Bibber,
discovered and located tho gold-bearing quartz
ledgo known as tho Vulture Ledge, under the
mining laws of Spain and Mexico, existing and
in forco in this Territory, and the usages and
customs there prevailing, in the month of Octo
ber, A. D. 18GH. That tho said mining lws
wore complied with as far as could be. owinir to
tho absence of legal organizations and proper
inouunis m the Territory. J bat the said
Theodore Green Rusk occupied and worked the
claim in said quartz ledge jointly with the other
partners, for a period of two mouths, when he
went away on business, with the intention of
soon returning ; at tho same time leaving his
interest in the said quartz ledge in tho charge
and possession of his said partner, Henry Wick
onburg, as well as tho joint interests of the
company, which tho said Henry Wickenburg
promised to keep and protect for the said
Theodore Green Rusk, untii such time as he
should return. That the said Theodore Green
Rusk was prevented by sickness and unavoidable
causes, from returning immediately and working
his said claim, until the 20th day of June, a. d.
1804, thereafter, when he sold and convoyed all
his right, title, claim and interest, to the quartz
ieugo aloresaid, to tho.complainants. That they
Went tip uixb poaucKua of iwnr inttifvots iu smi
quarts ledge and work it in g jod faith, ?hon they
lioand tits ftutaa is ihs wrongful and fraud ilent
possession of the defend ttts. whb neglected and
refed to defcrar Hum the possession thufuou
That the deJenekntt am new employed in ex
tracting aod oooveyiag away tho ore from said
quarts ledge, and grinding ft ia armetrts, ia
freed of yonr complainants' rights, and to their
great detriment and damage. And they there
fore pray for a writ of injunction restraining and
injoioing the said defendants nnd all othersT con
cerned, from extracting, carrying away and
crushing the ores of tho gold-bearing quartz
of the Vulture ledge, and from selling, trans
ferring, or otherwise disposing of the same.
The affidavit of Henry Wickenberg, one of tho
i i
.J .1
I UlUa
shall bo applied to all such meetings as is ap
plicable to voters in this district, each member
thereof to bo a qualified voter ; and then it shall'
bo determined whether the matter contained in
such petition shall bo acted on. And no other
matter or subject relating'to tho miners shall be
acted upon in fcaid meeting, unless two-third of
the miners of sid district shall consent to the
same, aod are prtasnt at said jneetiag. At finch
meeting DQ 'u oe paeeed ailecUng the title
to a mine semied o&der pre-ijctetUg laws.
13. Krery miner seal. C03I3rsG a rewt-
SttttUUive of this district, ana snau tut euuuou no
a seat in said meetiug. ,.
14. It shall bo tho duty of tho clerk to keep a
correct list of names of such miners alphabetical
ly arranged, and call tho uainca as if it wore a
regularly constituted legislative body, and when
Tho Recorder shall have power to appoint a
clerk when it is his duty to preside.
15. Parliamentary usages shall bo observed in
all miners' meetings, and such rules as tho min
ers shall adopt.
10. It is further provided that on accouut of
tho danger apprehonded by depredations from
Indians, and tho safety of tho mining community,
no person or persons shall bo compelled to work
any mine for tho space of ono year, commencing
on thoT4th day of September, 1804, aud ending
September 1'4, 1805.
' 17. Theso laws, rules and regulations shall bo
ih iWce'from'arid after their passage.
G. y;WiaQ6;;:; ; Proeideut. i .
M I 4 ..ll.
wn--ivr rrijy tu SlJlUHUl.VIJ
should not issue, says : that defendent discovered
a gold-bearing quartz ledge, being tho ono refer
ed to. sometime about tho 1st of November, a. d.
ISG3. That thereafter deponent and the other
persons therein named, put up a notice, of which
the following is a copy, on said mine, to-wit :
Notice. Tho undersigned claim this lode
or ledge, tho Vulture, with all spurs, dips, and
angles of minerals contained therein. And ac
cording to tho laws of this Territory, Arizona.
This November 24, 1803.
A. Van Bibber, H. Wickenburg,
T. 15-Green, N. K. Estill,
W.Smith, A.Fiahcr.
And deponent farther says, that no other
notice was over put up. on said ledgo, and no
other proceedings cf anv kind, name or descrip
tion, in regard to said VafUiru ledge was ever
had by a$d T B etu Tbioro (3rse
Itosk, or any otiior person, antii the Ha of My
a. b. Xo9 4. That said T. B. Green, or Theodora
Green Rusk, if be he the ideotical person, by
difcret-. nttm. took some speoioiene from the
ssid V ulturo lead en the day of porting tho said
notice, aod left ssid Voltaro lead the same day
and never returned thereto. That tho said
Vulture lead was left from tho day of said notice
until tho 9th day of May, a. d. 1864-, entirely
unoccupied and in the possession of no ono,
when tho samo was taken possession of by de
fendants in this suit. That said T. B. Green, or
Theodore Green Rusk, never was in possession
of said mine, and uo ono for him, and never
worked tho samo either jointly, or otherwise,
with deponent or any ono elso. That said T. B.
Greon, or Theodore Green Rusk, never left his
interest in said mino in deponents possession,
nor was doponent ever tho partner in said mino
with said T. B. Greon, or Theodore Green Rusk.
That deponent never agreed to protect for tho
said T. B. Green, or Thcodoro Greon Rusk, said
mino until his return, as charged in plaintiffs'
J. A. Young, another dofendant, deposes, that
oh tho 9th of May, A . 1804, whon dofendants
took possession of the Vulture ledge, no person,
was in. possession .of sajdA ledge, and that there
was no appearance that any person had over
camped there, or remained there, for ono day
ovon ; no shaft was sunk, no vnrk had haei
done on said lead or ledge, and nothing "wbateVer
had bean done on said iddca or in;ud" ef $ir
Tho defondents severally depose aod swear,
tint lb oy are. now at work with nine fimtrtraa
and would bs damagod at least ften hwadred
ooiiars per aay.ir xney were eirjetM TrolR Work-
iug on the said ledge.
A writ of injunction to restrain the working of
a mine is one that Courts of Equity only grant
in cases where there exists no other remedy and
where tho refusal to grant such relief would
cause great and irreparable injury.
" Tho nature of mining requires that tho
works should be kept in a constant state of re
pair and activity, and an injunction for causing
such operations to be at once suspended, "might
produce an injury which might be of tho most
fatal consequences, both with respect to the
costs of recommencing the suspended operations,
and with respect to rival ownership, by which
tho most favorable opportunity for disposing of
tho produce might be lost. As a general rule,
therefore, the Court will not interfere, by in
junction, on motion, and before the cause is fully
heard, in case3 where there is either great ex
penditure or great delay."
Rockwell on Mining, pages 583-4.
It must always require a strong case on tho
part of the plaintiff to demand the interference
of tho Court, by injunction, in coses of trespass
by the working of mines. The remedy cannot
bo administered on every occasion of injury.
There must exist an urgent necessity for so strong
a proceeding, otherwise the parties will be lelt
to their remedy at law."
A motion ws mode before Lord Ilm&iHfike
to retrain ft leasee from working a coalpit ins
ularly, aod to the detriment of fcb& Icteeon Tne
chancellor refc&sd thu wfowtioii, aod efcaanM,
the Court grants Jojunction to stay the working
of a ooHiery with great rainetnuce. from
reAt incottvoBfeflse it occasions aod it never Wil
o it. hat where there is a breach of an exjt&ss
covenant or an uncontroverted mischief."
Rockwell on Mining, page 585. V
"To authorize an injunction there should bo
not only a clear violation of tho plaintifFa rights,
but tho rights themselves should be certain aud
capable of being clearly ascertained."
Olmsted vs. Loomis 0 Barb. 152.
"When tho legal right or the plaintiff i3 denied
by affidavit as broadly as it is asserted," tho ap
plication stands upon the same "round, and
should bo governed by the samo rules aB when
the whole equity of a complaint is lienied'by tfio
answer." ' '"4
Perkins vs. Warren 0 Pr. R. 341. ' ' '
" It was a general rule, however, that if' tho
facts on which the complainants equity rested
wero positively denied, the injunction -must be
Gibson vs. Tilton 1st Bland, 355.
In this case the plaintiffs' rights rest, first on
an alleged partnership, existing between Van
Bibber ,Green. and Wickenburg, in tho discovery
and location of the Vulture lead. Wickenburg
positively denies tho existence of aoy co-partnership
whatever, aod Van Bibber does not appear
in tho case at all. No facts are allegod in, .tho
complaint from which a co-part nrshm is tjo jo
inferred. Ilia council for the p.rfintiflsv'fct argu
ment. ctahriH hat a pHrLqnngltlp f f ? S Uad fP J7 ill e
discovery and locat.oti of t!ti iad at the sirene
timo, by these three parties, uni. r the Spanih
Mexican law. aod thn ugegAR nd ojistomg q
miners in this Terriiory. Tbert ia no 'uilegaiion
In the coittpadlft thai the eotfom of mkma in
this Territory do fans presume a 'purirlersliin
from tho mere faot ot discovery and location 'of ra
lead, and tho placing of a notice upon, it.-sigucd
by several names.
Tho Supremo Court of California, in tho qnso
of Gore vs. McBrayer, 18th Cal., 582, held " thoV,
after the notico appropriating tho lead was put
up, G. became a tenant in common of tho mine, '
nnd not a partner, and could bring his action
against McB.or uny ono who excluded him from
his right." v.,,f
Tho complaint alleges that tho "anIi
Moxican mining law exists and is in forca iiTthis
Territory, and andor its provisions tbo 'plaintiffs'
rights accrue, ' " 1
" Qaeationa eoneefniDg mines arid ihriijijg
rights, in Mexico, depend in a great niiloru
upon tho provisions of tho ordinanco of the 227jd
of May, 178U, which although ordained Ibm-; pp
foro her independence, by tho Sovereign qT
parent country, is, still in forco anytlitU a
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