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Carson City Mint Melter and Refiner Appointment Documents, 1871
Fred N. Holabird, copyright 2024
Introduction
A pair of documents appointing the Melter and Refiner to the Carson City Mint from 1871 has surfaced from a prominent Nevada banking family. Every US Mint appointment document is unique. The original Abe Curry appointment document, as first superintendent of the new US Mint at Carson City, exists in a numismatic collection, but it is unknown if any other Carson City Mint appointment documents are extant.
The document pair reflects the original appointment as Melter and Refiner of Moses D. Wheeler prior to June 3, 1871. The second document formally appoints Robert P. Andrews to the position on December 12, 1871.
Everything about the Carson City Mint that most of us know seems all flowery and rosy. A beautiful Mint building and facility were built under the direction of Carson City politician and former mine owner Abe Curry. It opened to great fanfare minting coins immediately in the early days of 1870 and kept going until an internal bullion theft scandal amidst a national “recession” closed the Mint for coin production forever in 1893.
But it wasn’t all rosy from the start. In fact, it was anything but. The Mint struggled almost every year, wrought with trouble caused by opposing political forces fighting over revenue, funding and control of the massive amounts of precious metal bullion coming out of the Comstock. The fighting and political maneuvering rarely, if ever, slowed down right up to the formal closure in 1893. It is a plain fact that the Carson City Mint was constantly “under attack” from the onset.
The argument for the existence of a Mint in the Comstock Region was based upon sound financial principals. The production reported from Government sources for Nevada from 1859, the year of the Comstock discovery, to 1867, when the heat got turned up to get the Carson City Mint built and completed, was $89,450,000. The production of precious metals from all western states from 1847 to that point was a whopping $995,944,990. This amount of money dwarfed all other business revenue in the Untied States by far. With the precious metals production of Nevada at almost ten percent of all Western states, the need for a mint was unequivocally clear: it was a necessity to the American public.
Common sense has never been big in politics. Questions such as “Isn’t this the exact right place for a Mint, in the center of one of the biggest bullion producing regions in the world?” were completely irrelevant. Politicians were greedy. Did they consider national fiscal and fiduciary responsibility to the Country? Not a chance - only to themselves or their immediate constituency. They wanted all the money for their pet projects. At first it was simply efforts to take away the money to operate the Mint, thus force closure. Then efforts were made to make new laws to prevent production. Then it became an effort to take the bullion, as the pleas “But we need jobs !” took hold. Denver, at the other center of major precious metal production, suffered a similar, yet worse fate, with the Mint there opening in 1863, but never coining a single piece until 1906. The politicians had won. They took the bullion by forcing it to go elsewhere for coinage. The massive amounts of precious metal bullion produced in the American West, enough to change world economics, went to Philadelphia, New York, San Francisco, and New Orleans.
The fiduciary responsibility concept is an important issue. It had come up before in 1835 after gold discoveries in the Appalachian foothills from Georgia to North Carolina caused the Government to construct and operate branch mints in Dahlonega and Charlotte, both of which opened in 1838. If the House and Senate were responsible then, why not with Denver and Carson City, each of which had precious metal production in the immediate vicinity more than ten times that of their Southern counterparts?
The history of the inner workings and business of the Carson City Mint has never been written. Author Rusty Goe wrote a masterpiece on the coinage of the Mint, published in 2003, and another in 2020; both are “must reads” for Carson City Coin Collectors. Information about the production of coins is easy to find. It is in Federal reports of the Mint, also found in professional journals and newspapers. And some of the accounts even agree! But the history of the business side of the Mint is scant; actual records are few and far between, as Goe noted. As I delved into this paper, I can honestly tell you, the information is, in fact, scant. I had to dig, dig and dig to get where I got, knowing full well there are parts of the puzzle to be found in differing sections of our National Archives (NARA) yet to be discovered that are well beyond the scope of this paper, which is, simply put, an introduction to two unique Carson City Mint Federal office appointments in 1871.
Looking into the inner workings requires more than most researchers are willing to undertake. Within the NARA system, one has to think about all sides or ends of communications – who are the letters, notes and reports going to, when, why, and look for both ends - the sending and receiving ends, and what departments are involved, such as Treasury, Executive branch and other possibilities. There are more moving parts than one can imagine. Trust me, I’ve been there when working on the US Assay Office in San Francisco in which I found records at four different NARA facilities, each indexed separately, and often in a manner difficult to find because the major focus of the document suite may have been something different than what you’re looking for. These tidbits of information are needles in haystacks, but they exist if you know how to find them.
Carson City Mint, 1870. The First Coins
The Carson City Mint officially opened its doors on January 4, 1870. It did not begin production right away, but rather about February first. In a little known fact, the very first coin produced was a Seated Liberty Dollar that was immediately given to Carson City Mint Superintendent Abe Curry as it came off the press, as noted by his friend Alf Doten, editor of the Gold Hill News. This specific coin may be lost to history, or maybe not. But it is identifiable, as it was noted as being too heavy – “slightly above standard weight.” Adjustments were made before further production was made, and then those first coins of correct size and weight made on the Carson City coin press went to President Grant, and others, as noted in many sources. Curry used to show off his personal coin regularly. The specific source of the silver bullion was never noted in the press. But the first gold coins out of the Carson City Mint were made of bullion from Pine Grove, a small gold mining district south of the Comstock. The press noted:
Next week a lot of $5, $10, $20 gold pieces will be coined from gold bullion from Pine Grove. The mint mark on the coins will be “C. C.” for Carson City.
Those first Carson City Mint dollars were an immediate collectors item, selling for $1.25 in February-March, 1870 in Virginia and at Gold Hill, Nevada. It was reported in the Carson press:
Silver dollars will be coined to order – not as a general thing -an amendment to the Mint laws being necessary for that.
Local Nevadans loved the coins:
The prettiest, neatest, and most appropriate among “pocket pieces” for a “Washoeite” to carry, is one of the beautiful and acceptable silver dollars, first coined at the United States Branch Mint at Carson. They are an emblematic, condensed history in themselves, being composed of the staple product, the very foundation of the country itself, dug from the depths of the Comstock ledge – “Washoe Silver”, favored throughout the world. Yes, and coined by old Abe Curry, one of the original owners of the ledge, being a locator of the famous Gould & Curry mine, and he is now Superintendent of the Mint. He is the first to coin in this state the precious metal of which he was one of the first discoverers. Even should the Mint be abolished or turned into a pest house or distillery tomorrow, Col. Curry has a right to brag over what he has achieved, although his indominable perseverance and forced success has not made him rich. Honor to whom honor is due.
The Mint Officers
The officers of the Carson City Mint are difficult to track through the historical record. It is an easy task for the San Francisco Mint, as the city had annual city directories listing Federal offices. In Nevada, directories were few and far between in the early years. Government publications were just as rare, even the annual Reports of the Director of the Mint do not contain specific Mint employee records, nor are the reports of the various Mint superintendents to the US Director of the Mint at Philadelphia reported in public print.
Tracing officers is difficult. Changing superintendents appointed by a new incoming US President often brought in their “own people.” Often the appointments were political in nature, such that the appointee may have had little experience in the field in which he was placed. Other times, efforts were made to bring in very experienced professionals, only to have the budget pulled out from under them, leaving the person in an untenable position. But for the most part, some of the officers of the Carson City Mint were professionals who were ultimately offered jobs in and at producing Comstock mines at wages far in excess of what the Feds offered to work at the Mint, so off they went into “private practice.” Comstock mines and assay offices, as well as major California assay offices were full of ex-US Mint employees.
Instead of trying to trace the first officers of the Carson City Mint from prior to its opening in 1870 through its closure, lets focus on the Melter and Refiner position, a Presidential appointed federal office, as represented on the two documents presented here. It is entirely possible that no Presidential appointment had been made for the opening of the Carson Mint in early January, 1870, or in the years prior while under final construction. The Carson Appeal reported that G.W. Bryant was the “melter” that first year, but no mention was made of the “Officer” management position.
In mid-January, 1870, it appears the first Melter and Refiner was yet to be formally appointed. F. D. Hetrich was the Assayer and acting Melter & Refiner. The appointment of the heads of each division were appointed by Congress, though usually recommended by the Branch Mint Superintendent, or as a political appointment. By January 13th, it was reported that Jacob P. Bigwall was recommended for the position of Melter & Refiner. It is thus clear that in the first fifteen days of the Mint’s existence, three different men were considered for the Melter and Refiner position, though it is a bit unclear, and quite doubtful, if any of these three men were actually considered by the President. It is unclear if Bigwall ever made it to Carson City, or if he ever actually held the post.
The next men mentioned in association with this position are the subject of the documents presented here, Moses D, Wheeler and Robert P. Andrews.
By July, 1870, it was reported that Moses D. Wheeler was appointed Melter & Refiner at Carson. He did not arrive until October, 1870 to fully take on the active position. At the end of December, 1870, Wheeler was still reported as the “Acting” Melter and Refiner. His assistant was Joseph R. Williams, with George Wilhelm as the foreman of refining, and G.W. Bryant the foreman of melting. The various dates of Wheeler’s “acting” versus “appointment” to the Melter and Refiner position are clearly a tangled web in new reports of the period. It is doubtful that various reporters fully understood the terminology and appointment requirements and processes. Based upon best-guess criteria, it appears Wheeler may have been formally appointed on July 14, 1870.
Moses D. Wheeler Jr. had been a student from Ohio of the Columbia School of Mines in New York. While a student, he was an assistant Government agent at the Paris Exhibition of 1867, a major world’s fair featuring mines and minerals from all over the world. Wheeler was chosen to help with the American delegation. It is uncertain if he graduated, since the records were not made public. But Wheeler must have had a political connection in Washington as the result of his work with the Paris Exhibition team who got him nominated for the Carson City Melter and Refiner position.
The Carson City Mint Under Fire
That first year was nothing short of chaos on the business end of Mint operations. From the start, serious political intervention prevented the Mint from doing its job. Firstly, eastern politicians, possibly secretly aided by San Francisco politicians, kept trying to cut the funding for the Carson Mint. They attacked the wages and salaries, trying to eliminate them entirely. Another move was made to move the bullion elsewhere, thereby killing the need for a mint. The discussions in Congress must have been emotional and heated. In February, 1870 it was reported:
It is a probability that the Carson Mint, which has just been completed, will be discontinued. The Committee on Appropriations of the House of Representatives has agreed to omit all appropriations for the mint, except a sufficient sum to pay two watchmen to take care of the property. The Pacific Railroad has done the work of killing.
Yet more negative comments appeared elsewhere in California:
House Appropriations have agreed this year all appropriation for the Carson City Mint, except a sufficient sum to pay for two watchmen to take care of the property (will be eliminated.) They will also recommend the repeal of the law which authorizes its maintenance, believing that the necessity for a mint at that point (if any ever existed) has disappeared with the completion of the Pacific Railroad.
And:
If the Carson Mint is to be closed an effort will be made to convert it into a metallurgical assay office.
Carson Mint officials must have been incensed over the political maneuvering and inflammatory notices in the press.
When all of the political maneuvering didn’t work, they were successful in lowering the wages to a point where they fell far below the standard wages of the same positions in the other mints. The first year’s reports of the Superintendent even recommended that Congress raise the wages, as they were wholly insufficient. Then a group found a loophole in the Mint regulations that disallowed the production of dollar coins, and possibly others, which may have been simply that Congress failed to clearly order the Mint to produce and monetize US coinage.
The strain of the counter-political maneuvering may be well illustrated by this quote of the 1870 Carson Mint operations published in the Report of the Director of the Mint, 1871:
The electrical force of this branch is inadequate … the salaries of all the officers and clerks are too small for that locality … the policy of the Government towards this and similar institutions in their relation to the development of the mineral wealth of our country should be liberal and generous…
Curry must have been furious with the political entanglements. Indeed, he quit his job to go into politics. It had appeared that his popularity would guide a successful career in Nevada politics, but he was wrong. Carson Mint Superintendent Curry quit in the third quarter.
Meanwhile, positions at the Mint were still unsettled. Hetrich had his hands full heading up the Assay Department, which may have been the busiest position at the Mint. In 1870, there were more than 20 independent assay firms throughout the Nevada mining camps, many operated by former US Mint employees. With millions of dollars in precious metal bullion produced each month of 1870, the assay business in Nevada was booming. Indeed, the bullion production from Nevada during fiscal 1871 (July 1, 1870-june 30, 1871) was $22,477,045.77 or 43% of the entire precious metals production in the United States. If there was an argument anywhere that the Mint was unnecessary, it was not based upon sound financial knowledge. The State of Nevada simply produced too much bullion, and the cheapest place to process it was at home in Nevada.
But the arguments against the Mint continued into December 1870 and beyond. At one point, it appears that Superintendent H.F. Rice, the Wells, Fargo Agent that succeeded Curry, wanted to close the Mint and relegate it to an assay office. This comment was perhaps taken out of context as sarcasm, though we will never know. The Virginia City Territorial Enterprise took issue with the statements, as did the Daily Alta, the main San Francisco newspaper voice. It is entirely probable that Rice had been subjected to incredible political abuse with competing political entities continually trying to tear down the funding and purpose of the Mint so that they could use redirected funding or production protocols to their own benefit.
I do not see how the Government could do a more beneficent thing than to erect at some proper point, in California or Nevada, reduction works which would save the necessity of sending ores thousands of miles and to foreign countries to be worked, thus keeping a large amount of money in the country, and furnishing employment to a great number of hands.
So far as the Carson City Mint is concerned, the Enterprise simply alleges that Superintendent Rice intends to turn it into an assay office; it seems to me that it would be time enough to attack the Superintendent when this alleged “intention” shall be carried out, instead of holing him responsible beforehand for sins not yet committed. …
A key point made by the Alta writer in response to Carson Mint Superintendent Rice is that the Denver Mint is only an assaying facility, and not authorized to make coins. It seems great confusion existed between arguing parties on whether to convert the Mint to an Assay Office or allow the Carson Mint to make coins and bullion as the building and its specialized equipment were specifically designed for.
About the same time, there was a bit of turmoil at the San Francisco Mint, as Gen. La Grange had been appointed by President Grant as the new Superintendent, and La Grange decided to clean house and bring in his own people. La Grange dismissed eleven employees, while others yet may have left willingly. Of these eleven, five were immediately appointed or hired to positions at the Carson Mint. None were division heads.
1870 was a tough year for the Carson Mint. It was exceptionally difficult to get operations underway with the political wrangling and funding problems. The Mint only produced coins for about six of the twelve months. Curry became frustrated and left the Superintendent position, taken over by HF Rice, who himself only lasted about eight months. The first nine months of the Mint were a virtual revolving door of departmental management. Negative rumors flew in the press that the Mint was under investigation:
It is rumored that the Government agent is in at present investigating affairs at the Carson City Mint and will report in favor of its discontinuance.
In the late summer of 1871, that same US Mint inspector would have been scared out of his wits when 29 men escaped from the Nevada State Prison in Carson on September 18th, killing five guards and one civilian while breaking out.
1871 – A Year of Continued Change
President Grant was elected at the end of 1869, and took office immediately upon his inauguration, March 4, 1869. Grant had probably appointed Wheeler as Melter and Refiner, but apparently changed his mind about April or May, 1871. Right after Grant had gone into office, he enacted “an Act to Amend an Act Regulating the Tenure of Certain Civil Offices” on April 5, 1869. This amendment allowed Grant to remove any federal official at the pleasure of the President. The specific Act allowed Grant to suspend office holders at his discretion and designate a replacement while the Senate was not in session, thus would be formally approved at a later date.
Grant, in this June 3, 1871 document signed by President Grant suspended Wheeler and nominated Robert P. Andrews for Wheeler’s position as Melter and Refiner. The term “suspension” here has absolutely nothing to do with Wheeler’s performance.
In the summer of 1871 there were rumors and reports circulating that there were problems at the Carson Mint. Those issues were simply summarized in the annual Report of the Director of the Mint:
R. J. Stevens (under the direction of Mint Director James Pollock) inspected Carson City in the Summer of 1871 … (and found everything) satisfactory.
The ”suspension” may simply have been that Wheeler left for better pay, though it is more probable it was a political replacement. The 1872 Report of the Director of the Mint clearly states the obvious, that Wheeler had done a terrific job:
… The great increase in deposits during the past over fiscal year ending June 30, 1871 is deserving of special notice … Gold ($4.37m), coined ($533,000), Silver ($4.192m), coined ($95,000); unparted and bullion bars ($7.87m).
The position Wheeler occupied appeared to remain physically vacant for some time. In October, 1871, it was announced in Colorado that Robert D. Andrews had been nominated for the position of Coiner at Carson. By December, however, it was clear Andrews would become Melter and Refiner, a position granted him by President Ulysses S. Grant, who signed his appointment document.
Robert P. Andrews had been working at the Denver Mint and was appointed in October after Wheeler was “suspended”. At one point, it was reported that Andrews was nominated for Coiner at Carson City. By December, he had been formally nominated for the office of Melter and Refiner. Andrews was a popular figure with Carson Mint employees and worked with local Republican Party factions. When he “retired” in June, 1873 after about one and a half years as head of the Melting and Refining department, his crew gave him an engraved gold watch. He was succeeded by G. W. Bryant, one of the few men in the melting department who had been at the Carson Mint since its inception, a well deserved promotion. He died in Philadelphia in 1890 at the age of 62 years, with no obituary published. What he did during the rest of his life is unknown.
What Wheeler did in the latter part of 1871 to early 1872 is unknown. In late 1872, Wheeler accepted the position of Cashier at the Pioche Wells Fargo Bank, a booming and large silver camp in far eastern, central Nevada. He worked under the Wells Fargo Agent, M. Siebert. A year later, still in Pioche, he was nominated for Nevada State Mineralogist, competing with nominee and incumbent with H.R. Whitehill, who had been the State Mineralogist for the past few years. Whitehill had done a more than admirable job, and kept the position.
Wheeler and Andrews remained cordial after Wheeler’s removal. The pair served on various social and civic committees, including the Union Veterans Committee in Virginia City. Andrews followed his friend Wheeler to Pioche, where he remained through at least 1875.
Wheeler then left Pioche in early 1874 for the Comstock, where he was hired to manage the assay department of a mine, and where he stayed for several years, active in Comstock civic organizations including the Miners Union. In mid-1877, Wheeler temporarily took over the Gold Hill assay office of Gilbert Ross. Within a short period, he was hired to manage the Lyon Mill and Mining Co. at Dayton, Nevada as Assayer. He resigned in August 1879, with hopes of opening an assay office in Bodie, but that never materialized. By February of 1880, Wheeler had been hired to manage a 40 stamp mill at Silver Cliff, Colorado. Wheeler reportedly moved to Staten Island, New York about 1881, though details are sketchy because of the commonality of his name.
Post Script
Little ancillary historical information about the Carson City Mint can be found in the many published historical sources of the period, inclusive of the many reports and books on Comstock mining. A bit may be garnered from J.D. Bethel’s General and Business Directory of Storey, Lyon, Ormsby, and Washoe Counties, Nevada published in 1875. While the officers of the Mint are not listed under the Government pages, the employees are listed by name in the Ormsby County (Carson City) section, where their number in total of about 50 employees is second only to the great Virginia and Truckee Railroad who appeared to have more than 100 employees in Carson City. Bethel reported the following in the Melting and Refining department, without naming the head of the division: W.I. Cummings, melting & refining; J.A. Burlingame, melter; Frank Kennedy, foreman, melting room; William Sheers, melter; J.L. Willets, melter. The Assayer was Wirt Hopkins and the Assistant Assayer was W.P. Prescott. Fred Phelps was chemist.
The Documents
The two Carson City Mint Appointment documents are somewhat crudely framed, each about 18 x 20” overall..
The June 3, 1871 Suspension of Wheeler and Recommended Appointment of Robert Andrews as Carson City Minty melter and Refiner, 15.5” x 18”:
Ulysses S. Grant, President of the United States of America
Know ye, that by virtue of the authority conferred upon the President by the second section of the Act of Congress approved April 5, 1869 entitled “an act to amend an act regulating the tenure of certain civil offices” I do hereby suspend Moses D. Wheeler from the office of melter and refiner of the unites states branch mint at Cart5son Cirt, Nevada until the end of the next session of the Senate; and I hereby designate Robert P. Andrews to perform the duties of such suspended officer in the meantime, he being a suitable person therefor (sic); subject to all provisions of law applicable thereto.
…
Given under my hand at the city of Washington, the third day of June, in the year of our lord one thousand eight hundred and seventy one, and of the independence of the United States of America the ninety-fifth.
US Grant (sig)
J G Bancroft Davis, acting Secretary of State.
The December 12, 1871 Appointment of Robert Andrews as Carson City Mint Melter & Refiner, 14” x 17.5”
Ulysses S. Grant
…
Know ye that reposing special trust and confidence in in the integrity and ability of Robert P. Andrews, I have nominated, and, by and with the advice of consent of the Senate, do appoint him to be Melter and Refiner of the United States Branch Mint at Carson City, Nevada; and do authorize and empower him to execute and fulfill the duties of that office according to law and to have and to hold the said office, with all the power, privileges and emoluments thereunto of right appertaining unto him, the said Robert P. Andrews subject to the conditions forescribed by law.
… city of Washington, twelfth day of December one thousand eight hundred and seventy one, and of the independence of the Unites States of America, the ninety sixth.
By the President (blank)
Hamilton Fish
Secretary of State (sig)
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12. NEW BIDDERS: Bidders unknown to us, who anticipate an expenditure in excess of $20,000, must provide commercial references or a deposit of 25% of the amount to be bid in order for the auction staff to execute bids. Deposits will be credited towards lots won and any balance will be refunded within 10 business days after the auction has concluded. New bidders will be given a spending limit at their initial request to participate. In order to increase this limit, you may be required to provide a letter of authorization from your bank in addition to providing references. Please contact our office at any time if you have questions regarding spending limits or references required to bid.
13. AGENT BIDDING: There are numerous professional agents available to assist you should you require this service. Please contact the office for a list or to arrange for representation on the floor during the live auction. HWAC is not responsible for any acts or omissions by agents acting on behalf of bidders at our auctions.
BE ADVISED: Auction participation through the live Internet bidding site is not 100% foolproof. The technology for this process is always changing, and the operation of it and the corresponding Internet connectivity issues are far beyond our control. Some folks have attempted to use the live Internet bidding process as their primary method of bidding, and have been quite successful. Others have failed completely. Depending upon your computer, server, host, and other factors, Internet signals may be delayed, such that bids may not be received in time. We cannot be held responsible for these delays, or for the lack of placed bids in a timely manner, or any other factors leading to unaccepted bids that are far beyond our control. Bidders should always have a backup plan for lots they highly desire. Live participation is best, followed by phone participation. We will not reopen lots for missed bids.
14. BIDDING INCREMENTS: All bids must be submitted in U.S. dollars and in whole dollar amounts only in the appropriate increments as outlined below. If you choose to submit bids in an increment not listed below, your bid will be rounded to the nearest increment and you will be expected to pay the amount to which the bid was rounded should your bid be the winning bid. If you have any questions about an appropriate bid amount, please call us.
From: to: Increment:
$1 $95 $5
$100 $190 $10
$200 $475 $25
$500 $1,450 $50
$1,500 $3,400 $100
$3,500 $9,750 $250
$10,000 $30,000 $500
$30,000 up $1000
15. RESERVES: Most of the lots in this auction are unreserved. Precious metals may be reserved at or near or slightly below spot, at the auctioneer's discretion.
16. BID REDUCTION: All winning absentee bids will be reduced, if necessary, to the next bidding increment up from the last competing bid, as long as the minimum bid requirement has been met. For example, if you submit an absentee bid of $1000 and the next highest competing bid is $250, then you will win the lot for $275.
17. BID INFORMATION: Collectors often ask in advance the price level of a particular lot. We will give out the current competitive high absentee bid until we close the day before the live auction. You may also view absentee bids online at www.holabirdamericana.com. While we try to update the absentee bids as often as necessary, bids received close to the bidding deadline might not be reflected online, and we disclaim any responsibility for any bids made in reliance upon inaccuracies on our website, which may be beyond our control. We do not own any of the live Internet bidding platforms, and thus many aspects of the Internet technology are out of our control.
18. BID CANCELLATION: If you wish to cancel or change a bid after you have submitted your bids to us due to an error, you MUST PHONE us to advise us of this. Bid cancellations through mail, email, or faxes are not advisable. Errors are easy to make. Please call us if you have any questions on this.
19. All stock certificates, checks, warrants, and other financial documents sold herein are sold as antiquities, and have no financial, securities, or public trading value whatsoever.
20. We reserve the right to reject any bid we feel is not made in good faith.
21. INVOICING: Invoices are mailed or emailed within two business days after the close of all portions of the sale. Within 15 calendar days of receipt of invoice, payment is due in full to Holabird Western Americana Collections, 3555 Airway Dr., #308, Reno, NV 89511. Late fees may be added if payment arrangements are not made within those 15 days. Sales tax will be added to all sales picked-up after the auction or shipped to Nevada addresses, according to Nevada State law, unless a resale certificate is provided.
22. PAYMENT: We accept Cash, Visa, Master Card, American Express, Discover, Money Order/Cashier’s Check, Wire Transfer, Personal Check or PayPal. All returned checks are subject to a $25 fee. Cash received in amounts greater than $10,000 is subject to the filing of IRS form 8300, as required by law.
23. Automatic Credit Card Billing: Internet bidders are subject to the payment terms and conditions outlined on the internet bidding platform they utilize, which may include the automatic payment of auction invoices with the credit card information on file at the time of registration.
24. NON-PAYMENT: HWAC reserves the right to cancel any invoice not paid in full within 15 days. A cancelled invoice does not relieve the bidder from their obligation to pay seller fees and buyer’s premiums compensating HWAC for its services in conducting the auction. Interest shall run on all outstanding balances at the highest rate permitted by law. HWAC shall have a lien against the merchandise purchased by the bidder, and any other of bidder’s property then held by HWAC or its affiliates, to secure payment of the invoice, and with respect thereto HWAC shall have all the rights of a secured creditor under the Nevada Commercial Code, including but not limited to the right of sale. HWAC may sell the lot(s) securing the invoice to any under bidders in the auction that the lot(s) appeared, or at subsequent private or public sale, or relist the lot(s) in a future auction conducted by HWAC. A defaulting bidder agrees to pay for the reasonable costs of resale (including a 10% seller’s commission, if consigned to an auction conducted by HWAC). The defaulting bidder is liable to pay any difference between his or her total original invoice for the lot(s), plus any applicable interest, and the net proceeds for the lot(s) if sold at private sale or the subsequent hammer price of the lot(s) less the 10% seller’s commissions, if sold at an HWAC auction. If HWAC refers any invoice to an attorney for collection, the bidder agrees to pay attorney’s fees, court costs, and other collection costs incurred by HWAC. Any bidder who fails to follow the terms of payment will be reported to iCollector, Live Auctioneers, Invaluable, or applicable bidding platform, and may be barred from participating in future Holabird Western Americana auctions.
25. RESTOCKING FEE: In the event that purchased item(s) remain unclaimed by the buyer for a period of more than 30 days after the auction concludes, or is returned without valid reason, the buyer shall be subject to a restocking fee equal to 10% of the total purchase price. This fee is intended to cover administrative costs, storage fees, and other expenses incurred as a result of the unclaimed or returned item.
26. UNCLAIMED MERCHANDISE: In the event that a successful bidder has paid in full for their merchandise but fails to settle outstanding shipping invoices or make arrangements for merchandise pickup within 60 days, HWAC reserves the right to declare the merchandise forfeited. This forfeiture will result in the merchandise becoming the property of HWAC and the successful bidder shall have no claim to or rights over the forfeited merchandise.
27. CONDITION: We strongly recommend that you attend the live preview to see lots in their entirety. Conditions are not always noted, and large lots may not be itemized due to catalog restraints. For questions, detailed information, or additional images of any lot please contact our office at 775-851-1859. Bidders are responsible for understanding the condition of items. Conditions noted are subjective, and may differ person to person. High resolution images of all items are available online for inspection. HWAC is not responsible for condition discrepancies; it is the bidders responsibility to determine condition prior to bidding.
28. RETURN POLICY: All items are guaranteed to be authentic unless otherwise noted. If authenticity is challenged, please call our office for assistance. ALL SALES ARE FINAL. You may only return any piece that was significantly inaccurately described by calling our office within 10 days of receipt of item(s) and notifying us of the error and reason for return. We do not refund postage or insurance. Please call us if you require a more specific condition report. Any items that are returned must be returned in the exact, unaltered condition. When we receive your bids we will assume you have read the description in the catalog, viewed the image of the item, have contacted us regarding any questions you may have on any lot and/or have previewed the lot in person.
29. This sale is being held under the laws of the State of Nevada.
30. HWAC shall not be held responsible for any problem due to the bidder’s failure to follow the rules, terms and conditions of this sale, or any failure to bid due to the loss of the online auction process provided by any of the online auction networks; or missed bids, changed bids or cancelled due the bidder’s failure to follow the proper bidding procedure outlined herein.
31. By placing a bid or otherwise participating in the auction, Bidder accepts these Terms and Conditions, and specifically agrees to the dispute resolution provided herein.
32. HWAC shall not be responsible for consequential damages, incidental damages, compensatory damages, or any other damages arising or claimed to be arising from the auction on any lot. Bidder’s sole remedy for any proven act or omission shall be rescission of sale and refund of the amount paid by Bidder.
33. Any claim, dispute, or controversy in connection with, relating to and/or arising out of the Auction, participation in the Auction, award of lots, damages of claims to lots, descriptions, condition reports, provenance, estimates, return and warranty rights, any interpretation of these Terms and Conditions, any alleged verbal modification of these Terms and Conditions and/or any purported settlement shall be exclusively heard by, and the parties consent to exclusive in personal jurisdiction of, the Superior Court of Washoe County, Nevada. The parties expressly waive any right to trial by jury. Any claim must be brought within one (1) year of the auction from which the claim arose or the claim is waived. In every case, the prevailing party shall be entitled to an award of its attorney’s fees and costs.