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This item SOLD at 2025 Feb 01 @ 11:07UTC-8 : PST/AKDT
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A Sam Clemens Document Discovery
By Fred N. Holabird, Robert E. Stewart, copyright 2024
Sam Clemens is unarguably one of the most popular of all American literary figures through history. We’ve all enjoyed his stories. I (Fred Holabird) particularly loved Roughing it, published in 1872, a humorous written account of his life in Nevada. I was lucky enough to work on some of the mines and prospects he had worked on in 1862 in Aurora, and I was fortunate to also discover the original Unionville (Humboldt) Mining District’s (County) District Recorder’s book, c1861-1863, full of entries of his and his partner Billy Clagett’s mining claims, all entries of which are the only factual third-party records of their adventures.
There is very little left of original documents from the early part of Sam Clemens’ life in Nevada. His various biographers generally ignored his early, pre-literature life—some even getting it completely wrong, including one author in 1911 who argued Clemens never held a position with the Nevada Territorial government. Both Clemens’ multi-thousand page Autobiography , his four volumes of Letters and the writings and editorial notes of Letters From Nevada Territory, 1861-1862 put that argument to rest.
Sam Clemens father had owned a farm in Tennessee that he hoped held a fortune for the family in future years. The land was thought to have held a fortune in iron and timber resources, and who knows what else. He had bought thousands of acres for a mere $400 about 1830, four years before the financial crash. Then the hard times hit. Moving first to Florida, Missouri, his son Samuel Langhorne was born in 1835, and 1839 the family settled in Hannibal, on the Missouri side of the Mississippi River. When Sam was twelve years old, in 1847, his father died. he family—Jane Lampton Clemens and her children Orion, Samuel and Pamela—to work through the challenges and problems of life with little income.
Sam was industrious, as was his brother Orion. Sam received his river pilot’s license on April 9, 1859. By this time, Orion had been studying to become an attorney, and was always bouncing from one thing to another, never quite settling down. In early February, 1861, Orion had been contacted by Edward Bates, the newly appointed Attorney General for President Lincoln about the possibility of taking the position of Secretary of the new Nevada Territory. While Lincoln was not inaugurated until March, 1861, Lincoln had all of his appointees ready to go. His Orion’s answer was an immediate yes. Both Clemens brothers were excited, with Sam perhaps more so.
In the Clemens Autobiography, Sam stated:
When Orion was in Alexandria I was beginning to earn a wage of $250 a month as a pilot, so I supported him thenceforth until 1861, when his ancient friend Edward Bates, then a member of Mr. Lincoln’s first cabinet, got him the place of Secretary of the new Territory of Nevada, and Orion and I cleared for that country in the overland stage-coach, I paying the fares, which were pretty heavy, and carrying with me what money I had been able to save- this was $800, I should say – and it was all in silver coin and a good deal of a nuisance because of its weight.
Sam had joined the Marion (county) Rangers soon after the Civil War broke out, only to resign after about two weeks. Then he joined Orion to head to Nevada. The brothers left St. Louis for Nevada Territory on July 18, 1861.
Sam noted of this time in Roughing It:
I was young and ignorant, and I envied my brother. I coveted his distinction and his financial splendor, but particularly and especially the long, strange journey he was going to make, and the curious new world he was going to explore. … (I expected) he would write home and tell us all about it, and be a hero. And he would see the gold mines and the silver mines, and maybe go about of an afternoon when his work was done, and pick up two or three pailfuls of shining slugs, and nuggets of gold and silver on the hillsides …. What I suffered in contemplating his happiness, pen cannot describe. And so, when he offered me, in cold blood, the sublime position of secretary under him, it appeared to me the heavens and earth and the firmament was rolled together as a scroll … My contentment was complete.
The Clemens Brothers Make it to Nevada Territory
The Clemens brothers arrived in Carson City on Aug. 14, 1861. Sam, with much time on his hands, and gold and silver stars in his eyes, set about investigating the Comstock over the ensuing several months, before being bitten by the prospecting bug. In September Sam spent a week at Lake Tahoe, then known as “Lake Bigler,” where he staked a one mile wide, two mile long timber claim north and south of today’s Sand Harbor, a timber claim which he considered better than “bank stock.” At this point Sam was completely smitten with all things Nevada—timber and the lumber business, and mining with all of its rich silver and gold deposits and a life in the West, where all things imaginable were possible. His imagination and creative juices must have run wild.
Sam returned to Carson City from Lake Tahoe and clerked for his brother during the first Territorial Legislature. Then he explored the territory’s Humboldt region with his friend, attorney Billy Clagett, who was a member of the Second Territorial Legislature from Humboldt in 1862. In January, 1862 Sam returned to Carson City, where he remained until April, when his lust for his el dorado got the better of him, and he was off to Aurora. His stories of that spring and summer are beautifully brought to life in Roughing it, augmented by his existing personal letters published separately. There he remained until his off-handed letter and job request to the Territorial Enterprise was answered with a request for him to become editor. This was a welcome surprise, as Sam had probably decided the secretarial position in his brother’s office was possibly for naught, as the new Territory had serious internal funding problems; the secretarial position Sam had been promised upon the appointment of his brother never materialized.
Orion Clemens as Secretary of Nevada Territory
Orion was paid $1,000 per year, according to the Territorial Legislature notes of the Second Session. His brother Sam claimed he made $1,800 per year. Regardless, the sum was a windfall as far as the two brothers were concerned. That first legislature unwittingly gave Orion a windfall. For fifteen cents per hundred words, paid by the Territory, the new counties could ask the Secretary of the Territory to copy the Carson County Records they needed to be able to access. The income from that copy work allowed Orion to construct a home in Carson City which still stands today.
Neither brother knew much of this new western Territory that filled eastern and mid-western newspapers with news of great silver and gold discoveries. Nevada was, as far as the rest of the nation understood, simply bare land in the middle of nowhere, isolated east of the Sierra Nevada and west of the Rocky Mountains in a land of Indian tribes, some so fierce and war-like that outsiders were never welcome.
Sam Clemens was hired by his brother to assist him during the first Territorial Legislature. He was to be paid $8 per day (he wanted $10) for the length of the Legislative session. During the second session in 1862, Sam was the legislative reporter for the Territorial Enterprise, one of three newspapers published regionally, along with the Carson City Silver Age and Virginia Union. Also reporting, though not mentioned in the formal notes, was the Sacramento Daily Union, whose reporter Andrew J. Marsh, who signed his articles “Tule” provided the only detailed reports of the Legislative sessions that survive today in archives of the Union. There were no copy machines in those years, and no news media besides newspapers. Recognizing the importance of newspaper reports, the legislature paid the reporters of the Territorial Enterprise and the Virginia Daily Union for their reporting, and for helping with needed copywork during the session.
In the opening and introductory speech of the Second Territorial Legislature in November, 1862, Speaker John H. Mills of Storey County, seat to the fabulously rich Virginia City, who presided over the Legislature, stated:
Nevada Territory is a Territory of unparalleled richness, a Territory of resources equal if not superior, in proportion to its population, to those of any other government, either State or Territorial, within the jurisdiction of the United States.
New York attorney James W, Nye was appointed Secretary of the Territory by President Lincoln in May, 1861, After a year in the territory, he stated the nature of the territory succinctly in his 1862 address to the Second Territorial Legislature noting his approval of a Congressionally proposed transcontinental railroad, potentially garnering access for all to the Nevada Territory’s land of silver and gold:
No State or Territory will derive such inestimable advantages from the (rail) road as the Territory of Nevada. … Situated such as we are … is an almost inaccessible isolation of wealth. With mountains covered with perpetual snow frowning down, difficult to cross at the East of us, with a wilderness fit only for the original inhabitants of the waste, stretching away a thousand miles … with no means of securing the common necessities of life except through expensive freightage … our population subsist mainly upon products now brought with much difficulty and at high prices from abroad and which are paid for with silver taken from our own mines.
The region known as Nevada Territory fell into the footsteps of the great California Gold Rush. While California had produced over $50 million per year from all of her rich gold deposits that spanned the distance of over one thousand miles from near the south end of the Sierra Nevada all the way north to the Trinity-Shasta region just short of the Oregon border, Nevada produced a million dollars a month from a single ore deposit, something not seen previously in the history of the world.
Out West, customs changed. New social practices went into place because of the wide diversity of humanity seeking a new life and the possibility of riches. Some old traditions were abandoned, others strenuously manipulated through time. It was a time of change, though not all were in agreement.
Territorial Governor Nye was one of those seeking change. In his address to the Second Legislative meeting, Nye stated:
In comparing the two sections (of the Territorial laws regarding discrimination against colored persons and Indians) it will appear that there is a discrimination made in behalf of colored persons (and Indians) testifying in civil proceedings. This I regard as wrong. . … it is urged by many that in permitting persons of color to testify we elevate them in the scale of humanity, and make them the nearer the equals of the white man. … I do not believe that if the entire energies of the superior race were directed to the elevation of the colored races, it would place them higher in the scale of being than the Creator designed them to occupy.
In this statement, Nye flatly made it clear there would be no separation of races of humanity in the new Nevada Territory. Indeed, even the directories covering Nevada mining camps and civil communities of the period never reflected race, as did the municipal directories of many mid-west and Eastern cities, particularly the American South. Tension with Asian workers would develop in the 1870s.
Sam Clemens’ coverage of these speeches and events are lost to history. Only a few anecdotal remnants remain of articles he wrote. One such article apparently was a historical discussion of a proposed legislative action, where legislative member Williams motioned for approval for the use of the (legislative) hall for a Saturday evening meeting to organize a Pioneer Association. The motion was venomously objected to by Mr. Howard, who stated that it would “lead to the unlimited consumption of whiskey.” To which he was insatiably opposed. A version of this incident was published in the Territorial Enterprise, with a legislative member noting that remarks made by a reporter of the Territorial Enterprise must have been misunderstood. Unfortunately, we will never know what Sam Clemens, a few weeks before introducing the pen name Mark Twain, wrote that caused such a ruckus.
As the Legislature neared closure, there was a great sense of accomplishment. Marsh’s reports in the Sacramento Daily Union reflect a tremendous amount of joviality, celebration and boastful pride, all exacerbated by short breaks during the sessions for “a whiskey.” Everyone seemed at one time to lead the charge out the door, even Abe Curry. At one point, the mass exodus out of chambers was so great, Marsh noted:
During the evening a jollification meeting was going on outside to celebrate the passage of the Corporation Bill, and the noise and confusion coming in at the windows greatly disturbed the proceedings. At one time, the House was almost without a quorum, but a waggish member made some inquiries about taking up the bill to move the Capital, which had the (immediate) effect of filling, not only the seats of the members, but the lobby in less than five minutes.
During the last days of the session, members had made unpopular suggestions of moving the capital to Silver City, Susanville, or Virginia City, which were all met with stern opposition or ignored completely. Hence, in the midst of wild inebriated celebration, the members decidedly said “gentlemen, let’s get back to business” and returned to their seats. In this instance, one can only imagine what Sam Clemens might have written, now lost to history.
At the end of the 1862 Territorial legislative session, Mr. Lewis introduced a resolution of thanks to Clemens and Rice, the reporters of the Territorial newspapers, “for their full and accurate reports of the proceedings. Adopted unanimously, A separate thanks was made for Marsh—“Tule.” The last two days of the Session were so intense, split with two separate sessions at once, that the Territorial Legislature had to hire a second clerk to report on one session while Sam Clemens was reporting on the other.
The 1862 Territorial Legislative Session closed at midnight on Dec. 21st.
After adjournment, a procession was formed, headed by a band, and the presiding officers (of the legislature), which proceeded to Governor Nye’s house, and called out the Governor. (At which he came out and said) Gentlemen, I think you had better come in and have a drink (as the crowd cheered enthusiastically.)
Sam and Orion Clemens undoubtedly took part. Sam’s story of the events would have been marvelous. Unfortunately, there is no record of these events in any of his later writings.
The Documents
The original Territorial warrants including the actual warrant (check) issued to Sam Clemens had long disappeared by the time a small cache of documents was found in a cubbyhole of the Carson City in 1967. This original document, the authorization to the Controller to issue a pay document is the only document known regarding Sam Clemens’ service as a news reporter and copy assistant during the 1862 Legislative session.
Samuel Clemens:
Sam Clemens wrote to his brother in July 1862 about writing for newspapers.
I’ll write a short letter twice a week , for the present, for the “Age” [newspaper] for $5 per week … if I cant move the bowels of those hills [Esmeralda] by this fall, I’ll come up and clerk for you until I get money enough to go over the mountains for the winter
That summer he wrote letters to the Enterprise, signing them “Josh.” In the fall he became a reporter for that paper. Little did he know at the time what was in store for him. Just 44 days after signing this pay voucher he would take the pen name “Mark Twain” as he ventured into the literary world.
The contents of the Sam Clemens document presented here is as follows, signed by him on the reverse:
Territory of Nevada
House of Representatives
Carson, Dec. 20th, 1862
To the Territorial Auditor
We hereby certify that Saml L. Clemens is entitled to the sum of Two Hundred and Forty Dollars for forty days services as Reporter etc. for the House—pursuant to the provisions of an Act to provide increased compensation to the attaches of the Legislature Assembly.
[signed] John H. Mills, Speaker
Wm Gillespie, Clerk
[reverse] Received of P.G. Childs Territorial Auditor Warrant No. 250 as payment of the within claim.
[signed] Sam. L. Clemens
Orion Clemens
While Sam Clemens was a masterful writer and collector of his life’s events in literary forms, there is little of original composition from his brother Orion, who was the Nevada Territorial Secretary. But a few of his letters to various people, including Sam, survive. In a letter addressed to Territorial Controller Elisha Whittlesey he stated:
I did not employ a messenger or porter during a session of the Legislature, but employed my brother as a clerk in my office at $8 per day
The content of the Orion Clemens document presented here is:
“Secretary’s Office, Carson City, N.T.
May 12, 1862
I certify that at an election held at the Recorder’s Office of the Humboldt City Mining District, 4th Precinct, 8th District, Territory of Nevada, on the 31st day of August, Wm. J. Whitney, John M. Winn and Charles N ixon acted as judges, and Thos. L. McKinzie and C.A. potter as clerks of said election, and that Wm. J. Whitney brought the official returns to this office.
(signed) Orion Clemens
Secretary of Nevada Territory
To Hon. P. J. Childs, Territorial auditor”
(Reverse is statement of PG Childs that a warrant No. 92 on the Territorial treasury was issued for $32 as payment as Judge of election, received by Wm. J. Whitney.)
[]
Date: 1862
Country (if not USA):
State: Nevada
City: Carson City
Provenance:
Auction Location:
3555 Airway Drive Suite 308, Reno, Nevada, 89511, United States
Previewing Details:
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Nevada State Sales Tax
Taxes:
| Tax | Rate | Desc. |
| NSST |
8.375% |
Nevada Sales Tax |
| CSST |
8% |
California Sales Tax |
Buyer's Premiums:
| From (Incl.) | To (Excl.) | Premium |
| 0.00 |
Infinite |
25% |
Additional Fees:
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TERMS AND CONDITIONS
Live Auction conducted by Holabird Western Americana Collections, LLC (HWAC)
1. By participating in the auction, bidders acknowledge and accept the terms and conditions of sale.
2. BUYER’S PREMIUM & INSURANCE: There will be a 25% Buyer’s Premium added to the sale price (hammer) of each lot. We accept cash, checks, money orders, wire transfers, credit cards and PayPal.
3. COINS, CURRENCY AND PRECIOUS METALS, Insurance. The buyer’s commission for this section is 20%. Coins and currency shall be defined as any regular Federal issue circulating coins and currency. Tokens are not considered coins. Precious metals shall be defined as ingots, silver or gold rounds, bullion items and gold nuggets. Mineral specimens are not considered under the precious metals category. Commemorative items such as metals and ribbons are not considered coins of precious metals. However, lots that consist entirely of gold or silver of high purity, including commemorative metals, are considered precious metals. Please contact our office if you need clarification on a specific lot.
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6. LIVE (FLOOR) BIDDING: We will open lots with more than one bid at the current high absentee bid or 50% of the low estimate at the auctioneer’s discretion. Our auction progress is at a rate of between 60 and 100 lots per hour. An item is not sold until the next lot is announced. (We are not responsible for Internet bids that arrive late.) The auctioneer will identify the successful bidder by number and announce the winning bid amount. If you are not sure whether you won the lot or not, it is your responsibility to ask for clarification immediately, prior to the start of the next auction lot. Auctioneer reserves the right to reopen the lot in the case of an immediate dispute at the actual time of the sale.
7. TELEPHONE BIDDING: Telephone bidding MUST be scheduled prior to this auction. If you do not schedule in advance, and choose instead to call on the day of the auction to request a line for bidding, you may find that we are unable to accommodate your request. Please limit your telephone bids to items of value greater than $500, or to a string of items with a similar total.
8. LIVE AUCTION ABSENTEE BIDDING: Absentee bids for the live auction MUST be received by 5pm Pacific Time the day before the auction. Bids accepted after the cutoff time will be represented live only if an agent is available and will not be considered absentee or given first priority as such. It is your responsibility to submit all lot numbers and bid amounts accurately. Absentee bids MUST be equal to at least 50% of the low estimate. Bids on “No Lots” or “Withdrawn” Lots will not be executed. Bids made in amounts that do not conform to the bid increment table under Item #14 will be automatically rounded up or down to the nearest proper bid increment at the discretion of the auctioneer. Absentee bids are entered into a computer that will bid live on your behalf at the auction and will compete live against other absentee bids, live internet bidders, floor bidders and phone bidders.
9. INTERNET BIDDING: Both Absentee and Live Internet bidding are available through our live auction networks. If you wish to bid LIVE via the Internet, you MUST pre-register. A live feed is generally accessible during the auction. Online bidding remains open through the live auction, and online absentee bids may be placed anytime. Live bidding will open when the auction starts. Internet bidding is offered as a convenience for those who cannot attend the live sale. There may be delays or interruptions in Internet connectivity that are beyond our control. Attending the live auction or arranging for an agent is the most reliable way to secure your bids.
10. TIE BIDS During the live auction, multiple internet platforms, floor bidders, and phone bidders compete simultaneously. When identical bids are received from these sources, they are referred to as tie bids. In the event of tie bids, the Auctioneer has sole authority to determine the winning bid, typically awarding the lot to the first recognized bid. Competing bidders may raise their bids if they wish to continue. Given the complexities of managing bids across multiple platforms, including potential delays or errors inherent in internet bidding systems, bidders are strongly encouraged to participate live or by phone to ensure their bids are recognized and accepted.
11. FINAL AUCTION RECORD The Auctioneer’s podium notes serve as the final, legally binding record of the auction results, superseding any electronic bidding records.
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.