by John Marshall Harlan

“ Cullins must try and bring this enterprise into paying condition if the thing is possible-at any rate, no further aid can be rendered from here, and what you need must come from the resources you now have. Neither must you run into debt; cut down expenses to amount you can realize from the mines. I cannot yet say what can be done in the future; no meeting of the stockholders has been held, and nothing done to pay off the debts here, now pressing on the company. For the present, all I can say is that the whole matter is with you; take care of the interests and property of the company ”

“ Art. III. § 2. This article, as has the United States shall extend to all cases in law and equity arising under that instrument, the laws of the United States, or treaties made or which shall be made under their authority. Art. III. § 2. This article, as has been adjudged, does not extend the judicial power to every violation of the Constitution that may possibly take place, but only 'to 'a case in law or equity,' in which a right, under such law, is asserted in a court of justice. ”

“ From the above and other evidence in the record it is certain that before the La Abra Company ceased to work the mining property it had become utterly bankrupt, and that its abandonment of all operations at the mines was due to its inability from want of funds to carry them on, and to the belief, founded upon the experience of two years and more, that the mines, if not entirely worthless, were not of sufficient value to justify its owners in proceeding further in their development. ”

“ Upon a careful scrutiny of all the evidence we are of opinion that so far from the Mexican government being legally responsible for the losses falling upon the company, its investment was without profitable results because the company did not have or did not furnish to its superintendents at the mines the funds required for their successful development, and did not find the property to be as valuable as they had supposed. ”

“ The successor of Bartholow as superintendent in charge of the mining property was Colonel Julian A. De Lagnel, formerly an officer in the army of the United States. He had had no experience in mining, but was recognized by all-and properly, according to the evidence in this record-as a gentleman of integrity and force of character. He left New York for the mines in March, 1866, and arrived there in April of that year. He discharged the duties of superintendent for about one year and until the spring of 1867, and was succeeded by a person named Exall. ”

“ If the President does not approve a bill, he is required within a named time to send it back for consideration. But if by its action, after the presentation of a bill to the President during the time given him by the Constitution for an examination of its provisions and for approving it by his signature, Congress puts it out of his power to return it, not approved, within that time to the House in which it originated, then the bill falls, and does not become a law. ”

“ Understanding the great need that you are in and considering, as you yourself state, the many evils that we would suffer if you should bring your forces here, I do all I can to overcome the difficulties, and I have sent to the political chief of the district two pieces of mohair and two of bleached cotton, those being the only things among the necessary things mentioned which I have. It is impossible for me to contribute with money in order to provide you with what you need to-day. ”

“ As between the United States and Mexico, indeed as between the United States and American claimants, the money received from Mexico under the award of the commission was in strict law the property of the United States, and no claimant could assert or enforce any interest in it so long as the government legally withheld it from distribution. ”

“ Such a determination would rest upon the broad ground that the United States in its efforts to protect the alleged rights of an American corporation had been the victim of fraud upon the part of that corporation, its agents or assigns, and was in law relieved from any responsibility to that corporation touching the claim in question or the moneys received on account of it. ”

“ I am working the mines with as few hands as possible. What little good metal is taken out amounts to almost nothing. The $5,000 draft of De Lagnel's was sent to a house in this place to be collected, with instructions to seize the property in case it was not paid. It troubled me a great deal, and I had much difficulty in warding it off. The concern to whom the draft was sent showed me his instructions and also the original draft. Fortunately for the company, there was a flaw in the draft; De Lagnel failed to sign his position, as superintendent of the La Abra Silver Mining Company ”

“ So far from the act of Congress having any result of that character, the effect of such legislation is to strengthen the principle that an award by a tribunal acting under the joint authority of two countries is conclusive between the governments concerned, and must be executed in good faith unless there be ground to impeach the integrity of the tribunal itself. The act of 1892 is a recognition of the principle that 'international arbitration must always proceed on the highest principles of national honor and integrity.' Frelinghuysen v. ”

“ Such is not the judicial power confided to this court in the exercise of its appellate jurisdiction; yet it is the whole power that the court is allowed to exercise under this act of Congress.' In a more recent case this court dismissed an appeal from a final order made in the court of claims in virtue of a particular statute, observing: 'Such a finding is not made obligatory on the department to which it is reported-certainly not so in terms, and not so, as we think, by any necessary implication. We regard the function of the court of claims, in such a case, as ancillary and advisory only. ”

“ The reports made by the company's superintendents as to the management of the property and of what occurred at the mines are utterly inconsistent with the statement that the company's abandonment of mining operations and of its property was in consequence of the misconduct and violence of the Mexican authorities. ”

“ This was the only thing that kept them from seizing the property. I told them they could do nothing with the property here, as the company were not obligated on the draft. I have exhausted all the ore that I had on hand that was worth working. That which I worked was very poor and the yield small. The La Luz, on the patio, won't pay to throw it into the river. I have had numerous assays made from all parts of each pile; the returns won't pay. Amparas are not now granted, and mines are to be held only by working. I am compelled to keep men in mines which yield nothing, merely to hold them. ”

“ THAT THE COMPANY WAS OBLIGED to abandon 1,000 tons of silver ore already extracted, worth $500,000, which it was impossible for them to bring away, and which upon the abandonment of the mines, were carried off by the Mexicans and lost to the company; that when such abandonment occurred the company was extracting large quantities of ore, and the profits would have been great if it had been permitted to work them; that the company estimated its clear annual profits which it could have obtained from the mines at $1,000,000 per annum ”

“ Be pleased to consider that our reducing works are not complete, and therefore unproductive, without teckoning the many expenses that we yet have to make, the proximity of the rainy season, the scarcity of money, and the abnormal political situation, which cannot but cause us serious damages. ”

“ Nothing can be done without a further expenditure of money. I am now doing little or nothing in the mines, and will, when I return, discharge the few men who are now at work in them. This I am compelled to do, as I have no money, and my stock is almost entirely exhausted, and I fear if money isn't very soon sent some of the mines will become open to denouncement. In my last letter I mentioned the amount required for immediate demands, $3,000, which must be sent out. By next steamer Mr. Elder, Slone, and Cullins, if paid off, will sail for San Francisco ”

“ It was stated in the memorial that after becoming the proprietor of those mines the company with all possible despatch proceeded to the working of them, and to that end sent intelligent agents to Mexico, employed miners, machinists, and laborers, purchased mules, equipments, provisions, the best and most improved machinery, which were transported on the backs of mules to the mines at heavy cost, and incurred other expenses necessary to the most extensive and successful working of the property ”

“ On the 10th of October, 1867, Garth wrote to Exall: 'I am very sorry to say that it is not possible to aid you from here, and that you must rely entirely upon the resources of the mines and mill to keep you going and to relieve you of debts heretofore contracted. It is not possible for us to direct any particular course for you, but only to urge you to try and work along as well as you can, cutting down expenses and avoid embarrassing yourself with debts. ”

“ Placing this letter book beside the evidence adduced before the commission and the umpire by the La Abra Company, it is clear that the material transactions and incidents which the company's witnesses before the commission detailed as establishing the charge against the Mexican authorities were misstated or grossly exaggerated. ”

“ What you intend doing must be done promptly. Please send me Mr. Cullins' contract with you. The political state of the country just now is rather discouraging. I hope by the time this reaches you will have rec'd statement sent. Everything at mines as it was when I last wrote, only more gloomy in appearance on ac't of not being able to employ the people and put things in operation. Please do something immediately, and inform me as speedily as possible.'
Still relief did not come to Exall and he again wrote to Garth from Mazatlan, under date of December 18, 1867, a most urgent letter. ”

“ The villain was actually in our employ, doubtless for the purpose of ascertaining when an opportunity should offer to waylay and murder another of our men if the prospect for plunder was sufficient to warrant the risk. ”

“ Mr. Cullins (who is not the man he was represented to be) left by last steamer. I have only one man now; am compelled to keep someone. Please telegraph me in San Francisco, care of Weil & Co., immediately on receipt of this. You can judge by what has been done in New York and send me whether or not I may have left. Please let me know your intentions.'
The situation had become financially so discouraging to Exall that he determined to leave the mines and return to New York. ”

“ He had come into the vicinity with a command of cavalry-Liberal cavalry-destitute. The mules were broken down by coming over the mountains. They wanted food and clothing and money, and they wrote to me, saying that they had apportioned it on the two mining companies, the one at San Dimas and the one with which I was connected, levying one quarter upon us, and the other half was to be borne by the citizens. ”

“ It send you two pieces of blue mohair and two pieces of bleached cotton, valued at $65.75, of which amount be pleased to send me the corresponding receipt, in order that it may serve me as a voucher to the company I have the honor to represent.' At the same time De Lagnel wrote to Colonel Valdespino: 'Your favor of yesterday informs me of the sad situation in which you find yourself for the lack of resources and of your intention to procure them preparatory to leaving the district. ”

“ As it was found impossible to raise the means to pay this draft, it was protested and returned unpaid, and you must make some provisions for its payment when it gets back. I do trust that before that date you will have plenty of means to do so. I would now again repeat that I have made every effort possible to raise the money here and have failed, and I have advanced all I can possibly do, and the other directors have done the same ”

“ The first letter written by Exall shows that the financial situation at the mines was such as to require the utmost economy on the part of the company's superintendent.
Under date of May 6th, 1867, after De Lagnel departed for New York, Exall wrote: 'I have, as far as I think safe, reduced the number of hands at the mines, keeping only a sufficient number to show that they are still being worked. I have a light force in the Christo; no improvement in the metal; a light force in the La Luz ”

“ The rule, we think, is accurately stated by Greenleaf, who, after saying that the act of declaration of each member of a partnership in furtherance of the common object of the association is the act of all, because by the very act of association each one is constituted the agent of all in respect of the common business, says: 'A kindred principle governs in regard to the declarations of agents. The principal constitutes the agent his representative, in the transaction of certain business ”

“ Grove was murdered by soldiers of the Republican army. The train that was the special charge of Mr Grove was taken possession of by the military authorities, with its entire outfit and supplies, all of which were totally lost to the Abra Company. The mule trains owned and worked by the company, at that time, were three in number, aggregating about 150 mules ”