Early Records of Gilpin County, Colorado, 1859-1861, Part 21

Author: Thomas Maitland Marshall, ed.; James F. Willard, series ed.
Publication date: 1920
Publisher: University of Colorado, Boulder
Number of Pages: 342


USA > Colorado > Gilpin County > Early Records of Gilpin County, Colorado, 1859-1861 > Part 21


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Sec. IIII. All Tunnel claims shall be staked at the start- ing point in the center, upon which stake shall be written the direction and terminus of said tunnel, together with the name of the owner or owners.


Sec. V. Any person or Company running a tunnel under this law, shall have the right to cross any lode on the line of


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GILPIN COUNTY RECORDS


said tunnel. Provided, the amount of Quartz taken out of such lode, shall not be more than is necessary to cross said Lode, the width not exceeding the size of said tunnel at smallest place.


Sec. VI. Any person or Company, owning claims, through which a tunnel, under this law may pass, shall have the right, either in person or by their agent to inspect such lode claim, in said tunnel, at any time they may desire.


Sec. VII. When a person or Company claims to have dis- covered a New Lode in their tunnel, and said lode is claimed by prior discovery, it shall devolve upon the Tunnel owner to show that his discovery is a new one.


Sec. VIII. All persons owning lode claims shall have the privilege of working them by tunneling or otherwise, and to de- posit quartz either by slide or tramway, at the point most con- venient for them on any ground claimed under this law for sur- face deposits. Provided they do not deposit Quartz, or place any obstruction nearer than twenty feet from the center of the mouth of said Tunnel.


Chapter X. Toll Roads.


Resolved


By the Citizens and Miners of South Boulder District at a legally called Meeting-, That we grant the Right of way to all Toll Road Companies through this District and a Charter for the same.


Provided 1st That said Road shall not exceed Sixty feet in width.


Provided, 2nd Said Road shall not interfere with the per- sonal rights of individuals acquired previous to the passage of this act.


Provided 3rd Said Road shall not interfere with the right granted to other Road Companys previous, to the granting of any Charter hereafter.


Provided 4th The Citizens of this District shall have the 'right of way' for Local use that portion of Road located within the boundaries of this District-by repairing all ware or Dam-


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SOUTH BOULDER DISTRICT


age done to the Said Road or Bridges, by the said Citizens or Miners.


This act shall take effect and be in force from and after its passage.


Passed March 30th 1861.


AMENDMENTS


Sec III. of Chapter VII. Should read Every person shall be entitled to one Lode, one Gulch, one Patch, one Bank and one Water Claim by right of preemption on each, and every Lode, Gulch, Patch, Bank or Water power in the district.


S. Boulder Dist. September 27th 1861.


Be it enacted by the Citizens and Miners of South Boulder Dist that Section IX, of Chapter VIII, of the Revised Laws of S. Boulder district be, and is hereby Repealed.


Be it enacted by the Citizens and Miners of S. Boulder Dist. That the President, Justice, Sheriff and Recorder be sworn to truely and impartially execute the Laws of the district and that the Justice and Sheriff give Satisfactory Bonds to the President before entering upon the duties of their offices to faithfully discharge the Same.


SILVER LAKE DISTRICT


NEW ORGANIZATION.1


At a large and respectable meeting of the citizens of the mountains, held on Silver Mountain, on Monday, the 15th inst. [October, 1860]. On motion W. H. Gray was called to the chair, and A. E. Guild elected Secretary. On being called upon, the chair explained the object of the meeting to be the organiza- tion of a new district, the election of officers for said district, and the passage of such general laws for the protection of prop- erty in such Territory as would be equitable and just to all per- sons interested whereupon, a new district, called Silver Lake district, was laid out, bounded as follows, to wit: Beginning at the Northwest corner of Fairfield district, thence running in a Northerly direction, up Silver creek, to the divide between the waters of South Boulder and Clear Creek, thence down the divide to the west line of Missouri district, thence with the Missouri district to the north line of Fairfield district, and thence with the north line of said district to the place of begin- ning. After which, on motion the meeting proceeded to the election of officers, whereupon A. E. Guild was duly elected President; H. Cooper, Miners' Judge; S. H. Osborn, Sheriff and E. A. Lynn, Recorder, for the term of one year. "After the adoption of many useful and necessary regulations for said dis- trict, on motion it was Resolved, that the Rocky Mountain News and Herald be requested to publish the proceedings of this meet- ing in their daily and weekly papers; whereupon the meeting adjourned, amidst much enthusiasm, with three cheers for the ‘ Silver Lake district, and the officers elect and the general pros- perity of mining in these mountains.


A. E. Guild, Sec'y.


W. H. Gray, Pres't.


1 Rocky Mountain News, October 24, 1860, p. 2.


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SILVER LAKE DISTRICT


LAWS AND MINUTES!


Section 1st, January 1st 1861


Meeting called to order by Electing Wm Wightman to the chair Wm H. Cadwell Secretary


The President stated the object of the meeting for the per- pus of Electing a Recorder also to attend to variousis other buisness


On motion the meeting proceede to nominate candidate for Recorder Carried


On motion the meeting proceed to elect by acclimation Carried


On motion Wm H Cadwell be a candidate for recorder Carried


On Motion D F Copeland be a candidate for recorder Lost


On Motion Wm H Cadwell is declared duly Elected Re- corder Carred


Art 1st On motion a commitee of (1) one be apointed to procure the Books and records belonging to Silver Lake District of the former Recorder Carried


Art 2nd On motion the Recorder have power to call Min- ers Meetings when requested by the miners or whenever he sees propper Carried


Art 3rd On motion be it annacted that no woman shal hold Claims in this District Carried


Art 4th On motion Resolved that all Lodes the Discovery Claim shall be plainley and distinctly marked and that all Claims on either side shall be taken by numbers irrespective of Stakes Carried


Art 5th On motion Resolved that all persons shall be per- sonley presant or their order in wrighting at the time when claims shall be Recorded Carried


Silver Lake District Jan 1st 1861


Wm Wightman Chairman Wm H Cadwell Recorder


1 Silver Lake District, Lode [Book].


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GILPIN COUNTY RECORDS


Sec 2nd Silver Lake District March 2nd 1861


On motion the Meeting called to order Wm W Griffith appointed Chairman Wm H Cadwell Secretary


Art 1st On motion a Commitee of three (3) be appointed to draft resolutions for Said District Carried


Wm Wightman P D Blaizdell


1 Commitee


J A Kerr


Laws adopted in Silver Lake District, March, 2nd 1861


Art 1st be it enacted that the officers of Silver Lake Dis- trict shall consist of a Recorder all other officers shall be ap- ointed by miners when in session


Art 2nd It shall be the duty of the Recorder on applica- tion of two or more of the miners of this District to call a Min- ers Meeting for eny purpose whatever and notice shall be put up in two or three public places three days prior to the Meeting


Art 3rd All disputes and difficulties in regard to mining Claims or other property shall be settled by the majoriety of the miners presant at the Meeting unless both parties are agreed to carry it out of the District a Judge shall be appointed by the Meeting


Art 4th Every person discovering a Lode or Gulch or dry diggings shall be entitled to two hundred feet for discovering in Silver Lake District


Art 5th Every miner shall be entitled to one Lode Claim on every Lode in this district by premption and one Gulch Claim and one dry diggings Claim and one Water Claim


Art 6th A Lode Claim shall be one hundred feet long by fifty feet wide Gulch Claims shall be one hundred feet long and from Bank to Bank Dry diggings shall be one hundred feet Square Water Claims shall be two hundred and fifty feet square


Art 7th It shall be the duty of every miner or eny person holding premtion Claims of eny Kind whatever to represent the


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SILVER LAKE DISTRICT


same once in a year in either of the three Months July, August or September and write their Names in a Book provided for that purpose at the Recorders office if this article is not complied with Said Claims shall be forfeited


Art 8th No person shall be entitled to hold a Discovery on A Lode until he finds the Crevice


Art 9th Every person shall be entitled to the timber Standing on his own Claims


Art 10th All Discoveries and purchase Claims Shall be held as real estate


Art 11th These Laws shall be amended when deemed Necessary by a majority of the miners presant


Wm Wightman P D Blaisdell Commitee to draft resolutions


J A Kerr L


On Motion the resolution be adopted and the commite Dis- charged Carried


On Motion the meeting adjourn Carried


Silver Lake District March 2nd 1861


Wm W Griffith, President Wm H Cadwell, Sect


Section 3rd Silver Lake District May 28 1861


On motion the meeting Called to order


P J Fairchilds, chairman WVm H Cadwell, Secretary


Art 1st Resolved that the Terratory or District which has heretofore been Kansas District be annexed to Silver Lake Dis- trict Claiming all the dividing Waters of Silver Creek on the North and North West side and that said Terratory be Governed by the Laws of Silver Lake District with the exceptions of the Timber Laws of Kansas District they shall Hold good Carried


Art 2nd On motion the Tunnel Laws of Hawkeye Dis-


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trict be adopted and it be the duty of the Recorder to coppy them from the Hawkeye Books Carried


On motion the Meeting adjourn Carried


Silver Lake District May 28th 1861


P J Fairchilds, Pres Wm H Cadwell Sec


Silver Lake District Sep 28th 1861


On motion the meeting was called to order Henry C Shef- fer, Chairman, Wm H Cadwell, Secratary


Section 4th On motion thare be an amendment to Act 5th in Section 1st Carried


Resolved that eny person holding Claims in this district shall have the privlage of giving any other person the power of attorny to represent his Claims in his absence and it shall be as valid as though he ware heer in person also that real partners in buisness may take and represent Claims for each other Carried


On motion the meeting adjourn Carried


Henry C Sheffer, Chairman Wm H Cadwell, Sec


SPRING GULCH DISTRICT


FROM SPRING GULCH1


Spring Gulch, Nov. 21, 1860.


Editors News :- It may possibly interest you and your readers to know something of the little excitement arising from a dispute between Spring Gulch and Nevada .- Late last sum- mer, Spring Gulch District was organized according to law, as a mining district, notwithstanding the opposition of the officials of Nevada, and of a few discontented inen in Eureka. Our officers were duly elected, and the district went quietly into operation; an acknowledged district by all the neighboring gulches except the disaffected of Nevada. A short time since, a suit arose concerning the possession of a certain house, stand- ing in Spring Gulch. The man in possession at the time, had voted for the organization of our district, and for the present Judge, and had acknowledged our district by transacting busi- ness in our court. Finally judgment was obtained against him, and a decree of sale issued by Judge Bond. Immediately he flew to Nevada for help, and with the assistance of his attor- ney, obtained from the Judge of Nevada, an injunction on the Sheriff of Spring Gulch, forbidding the sale on the ground that the property lay in Nevada District ; a most palpable falsehood. The officers of our district disregarded the injunction of course, and sold the property. The defendant said no man should take it. He was told that the purchaser would be put in full pos- session. The man's attorney, and the Judge and officials of Nevada told him to fight, and they would back him up. He ac- cordingly armed himself, and threatened to kill any man who should attempt to put him out. When the time came to put the plaintiff in possession, the proper officer went and put the defendant out of possession, and the plaintiff in, defendant hav- ing concluded to submit. The officers of Spring Gulch were


1 Rocky Mountain News, November 28, 1860, p. 2.


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GILPIN COUNTY RECORDS


summoned to appear before the Judge of Nevada, which sum- mons was treated with contempt. A warrant of arrest was then issued for all three of our officers, Judge, Sheriff and Deputy, and put in the hands of the officer of Nevada, who never showed himself except in the lower end of our district, where he laid in wait, and did succeed in arresting our Judge, by catching him alone and unarmed, but the other officers they failed to take, for whenever they went out they were armed and openly said, quietly but friendly, that they would not be taken alive. They took our Judge and gave him a sort of mock trial and tried to make him give bonds never more to act as Judge of Spring Gulch District, or to take thirty-nine lashes, and to be fined fifty dollars anyhow. Our Judge faced them manfully, denied their jurisdiction, declared them not a court but a law- less mob, which indeed they must have resembled, and refused to give any sort of bonds, or to so far notice the court as to make any defence. They finally backed out, remitted the bond, lashes, fine and costs, and set him free. When he returned, a mass meeting of the citizens of our district was called, and with an account of that I will close this lengthy letter. The lawless and outrageous course of the Judge of Nevada in this matter, aroused great indignation against him and his officials, who seek to enlarge their Territory in order to take in more money for recording and in law suits. A mass meeting was imme- diately called, by some of our best men, among whom were Messrs. Starr, Johnson, Hawke, Nuckolls, Please, Byers & Co., H. G. Otis and many others. The meeting organized by calling Mark Allyn to the chair. Judge Bond stated the facts in the case, and the circumstances of his arrest and trial. On motion, Messrs. Lloyd, Adamson, J. P. Henry and J. H. Myers were appointed committee on resolutions. During the absence of the committee, Mr. Swift of Eureka made a speech, assuring us of the sympathy and support of Eureka District, and giving a his- tory of the district, &c. He was followed by Dr. Lomas from Missouri Flats, in the Illinois Central District, who assured us in warm terms of the sympathy of Missouri Flats, and of his entire district, and of their entire recognition of us as a dis-


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SPRING GULCH DISTRICT


trict, and of a determination on the part of his district to sup- port us. He made a few remarks of a legal nature, proving plainly and forcibly the entire legality of our organization. The committee on resolutions reported the following which were unanimously adopted.


Whereas, A mob of the people of Nevada District have recently under pretence of legal authority, by force and con- trary to law attempted to interfere with officers of Spring Gulch District in the discharge of their duty as officers, and have at- tempted to assume jurisdiction over a large portion of our terri- tory ; therefore,


Resolved, 1. That we, the people of Spring Gulch Dis- trict, will in future at all hazards, sustain our district laws and officers as against any mob of Nevada District, and that we will resist to any extreme, any, and all encroachments of Nevada District, on our Territory, or any part thereof as established by us, at an election held for the purpose of re-organizing our district, September 29th 1860.


Resolved, 2. That we regard the arrest of one of our officers and the attempted arrest of others by the officials of Nevada District for discharging their duty as officers of said Spring Gulch District a most heinous outrage upon our rights as a legally organized district, and that we will not in future submit to any repetition of the same.


Resolved, 3. That the course of Judge Gones and the President of Nevada District in arresting and trying the Judge of Spring Gulch District is one of the greatest outrages ever perpetrated by a sworn officer of the land, by issuing a warrant of arrest against one of his peers, thereby violating the law of nations, and in issuing a warrant of arrest without the affidavit required of him by his oath of office, thus making himself a perjured officer in the eyes of the law.


Resolved, 4. That the Judge of Spring Gulch District be recommended to issue a writ of restitution and place it in the hands of the proper officer, and that we assure that officer of our united and hearty support in the discharge of his duty.


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GILPIN COUNTY RECORDS


Resolved, 5. That the proceedings of this meeting be made a matter of record.


Resolved, 6. That the proceedings of this meeting be pub- lished.


Jno. J. Monell, Jr., Sec'y. Mark Allyn, Ch'n.


The above account I copy from the minutes of the meeting obtained from the Secretary of the meeting.


We are determined Mr. News, to be a district, and to sup- port our organization, and we will do it, and all our sister dis- tricts assure us of their support and sympathy.


Yours truly, Hans Jacobs.


LAKE DISTRICT


MINUTES1


Record of proceedings of Citizens Meeting


At a Meeting of the Citizens of Quincy and Lake Gulch Districts held on the 1st day of March A. D. 1861 in persuant to a Call by the President of Quincy Dist2 for the purpos of uniteing the two Districts and the Elections of Officers for the same W. HI. Morgan was Elected Secratary -. Moved and Sec- onded that a Committee of five be apointed on joint resilution Himer Smith Dr Mc Lain W.S. Murry Townsand were elected to serve on said Committee on Motion two more were elected from Pleasent Valley Dist to serve on said Committee Mc Cas- kell Pendelton motion the report of Joint Committee on resilu- tions made by the Secatary


Mr. Colly tenderd his resignation as President of Quincy Dist resignation recieved Mr Brown tendered his resignation as Justice of the peace resignation recieved Mr Lindsey tend- erd his resignation as constable of Quincy Dist recieved Mr. Henry tenderd his resignation as Justice of the peace of Quincy Dist recieved. On Motion vote taken by the Citizens of Lake Gulch District voted on Union of the two Districts Majority for Union on vote on Motion a vote taken by the Citizens of Lake Gulch Dist whether they would Countinance the Officers of their own District now in power decided they would not on motion the report of the comittee discharged On Motion of Dr McLain S.G. Colly was Elected President of Lake District on motion decided that the Balance of the Officers be Elected balat on Motion Nelson J Smith Elected to the Ofice of Sur- veyor by Aclimation On Motion Robert C. Lindsey Elected to the Office of Constable by Aclimation on balat O. F. Barns J.


1 Lake Gulch District, Record of Conveyances, Powers of Attorneys, etc., Book C. Lake District was commonly called Lake Gulch District. 2 No records of Quincy District were found.


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GILPIN COUNTY RECORDS


M. Bundy Elected Justice of the peace for Lake District R. B. Hayward was Elected Recorder of Lake District On Motion decided that another Justice be elected Makeing three Justices Brown Elected by Aclimation to fill that Office On Motion A Committee of five more apointed to compile Laws for Lake Dist J.M. Bundy J. A. Woodmancy S.G. Colly Brown Wheler Com- ittee


Lake Gulch March 1st 1861


Resolved that it is deemed expedient that the District known as Lake Gulch and Quincy Dists Should unite the same [to be called] Lake District With the two said Districts [united ]


Resolved 2nd that the Officers not already vacated by Res- ignation be declaimed vacant by the Actions of this Meeting


Resolved 3d That A Comittee be apointed to draft a code of Laws for Lake District and untill such code be made and adopted by said District the present Code of Quincy District be adopted by said New District-


Resolved 4th that this Meeting proceed to Elect by Balat the folowing Officers viz one President two Jusices one Re- corder one Surveyor one Sheriff S. G. Colly President O. F. Barns J. M. Bundy Brown for Justice of the peace Robert C Lindsey Sheriff Nelson Smith elected to the Office of Surveyor R.B. Hayward was elected as Recorder of Lake Dist Resilu- tions adopted that a comittee of three be appointed to demand the Books of the Officers of Lake Gulch and Quincy District if said Officers refuse to deliver up the same the Judge shall at once isue a writ to the Sheriff for the recovery of the same L. Drake Wm E. Wheeler E. Smith apointed said comittee ad- journed to meet again in four weeks from March 2nd A. D. 1861


List of Voters Names of Lake Gulch District for the Anex- ation of said District to Quincy District


.


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LAKE DISTRICT


Names


Names


R.W. Haymer


Woodmancy N.E. Bibbins E. Wash


B. Grumes


C.A. Gates


S.G. Snider


D.C. Tappan


T. H. Cuningham


J.W. Walker


J.E. Haine


D. S. Lancton


C. Hagus


T. R. Ward


John M. Rank


J.E. Ramsen


Robt. D. Morrison


M Hubard


WM Palmer


J. Walters


G.S. Guest


S F Guest


J.C. McColmer


J. Proctor


W.H. Bennet


Nelson Smith


J.W. Muer


N. Floyd


W.P. Pusey


R.B. McCaley


J. F. Hall


John Lawler


Thomas Pusey


J. Mally


J. Connor


E. Smith


S.F. Dodge


John Dick


O.F. Barns


J. Heimer


I. Crippin


O. Barns


N. H. Smith


R.B. Hayward


At a Meeting held at M E Hodge's Office March 9th 1861 in Lake Gulch Motion made to sustane the proceedings of a former meeting held at S.G. Collys March 1st 1861 caried in the afermative in favor of sustaining the miner meeting pre- ceedings of the union meeting Moved the above be put upon Record each vote by Aclimation


R. B. Hayward Recorder


Lake District March 4th 1861


At a Meeting held by the Creditors of M. J. Foly & Co. for the purpos of setling upon some Masure to setle affairs of said company & the creditors S G Colly was Elected President of Said Meeting R B Hayward Secatary of said Meeting


R.B.Hayward Recorder


.


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GILPIN COUNTY RECORDS


Resolved that M.H. Root and John Langlands act as Joint Assignes for the Party licrein Mentioned in setling the Acts and to run the Mill as Recorded in Book A. Page 2nd Also resolved that Mr. J. Bundy Act as Attorney to transact business for the partys aforesaid viz of Meeting


R.B. Hayward Secatary & Recorder


Lake Dist 6th 1861


At a meeting of the citizens of Lake District called by one Mr. L. C. Snider for the purpos of takeing into consideration the subject of claim jumping Mr Snider stated his case to the Meeting stating that he has worked his claim all the time or had it worked-after a spirited discusion upon question Mr Drake moved that Mr Snider be reenstated in full possesion of his claims Motion was unanimously passed on Motion the meeting adjourned W. M. Templeton Sec B. W. Brown Pres-


R. B.Hayward Recorder


Lake District April 13th A. D. 1861


At a Meeting held at S. G. Collys on Motion made by Charles Allen that W. D. Townsand act as Administrator upone one John Mailys estate Motion sustained & caried he was Elected-Moved & seconded that Meeting adjourn untill Apr 16 P.M. at S. G. Colly early in the eavening


R. B. Hayward Recorder


Lake Dist Aprill 16th 1861


At a Meeting held at S. G. Collys-Moved and seconded to apoint a comittee of 3 to draft Laws to prevent the sale of Licquer in this Dist Motion caried the folowing Comittee were Apointed O. Barns J. Bundy Mr. Granden Moved & seconded to adjourn. Sini Di Motion carried-


H. B. Hayward Recorder


Colorado Territory Lake District


Arapahoe County April 8th 1861


Know all men by these presents that we R. B. Hayward


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LAKE DISTRICT


and M. H. Root Ebin Smith are held and firmly bound unto the citizens of Lake District in the penal sum of five hundred dollars conditionaly that if the above be under obligation R.B. Hayward Shall faithfuly discharge the duties of the office and keep all Books and papers that may belong to said District and to acount to the proper Officers for all moneys that may come into his hands belonging to said District then this bond to be nul or void and of no effect other wise to remain in full power and affect given under my hands and seals this 8th day of April A. D. 1861


Approved by A. G. Colly President


M. H. Root (seal)


Ebin Smith (seal)


R. B. Hayward (seal)


R. B. Hayward Recorder


Colorado Territory Arapaho County Lake District April 8th 1861


Know all men by these presents that we O. F. Barns and O. Barns are held and firmly bound unto the Citizens of Lake District in the penal sum of five hundred dollars conditionaly that if the above boundon obligation O. F. Barns Shall faith- fully discharge the duties of his office and safely keep & pay over all moneys that may come into his hands belonging to other persons then this bond to be void and to no afect otherwise to remain in full force and afect given under our hands & seals this 8th day of April A. D. 1861 Approved by S. G. Colly President


O. F. Barns (seal) Orsamas Barns (seal) R. B. Hayward Recorder


Lake Dist July 3d 1861


At a Regular called Meeting of the Miners of Lake Dist to settle the titles of claims Nos 19-20 on Lake Gulch on vote taken Claim No 20 was given to Mr. G. W. Wilson




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