The Empire County argus. [volume] (Coloma, El Dorado County, Cal.) 1853-1857, 1853-12-24
Colomn. saturday, December "a, 1853.
MINING WATER COMPANIES.

A numbered communications have for some little
time back appeared in the Sacramento papers pur-
porting 10 be the proceedings of miners in several
sections of the mining region, which were calcula-
ted to create false impression concerning Ditch
Companies in the mines. We have found in answer
to every inquiry that we have made that these
communications did not proceed from the "honest
MINER but generally from some contestant for the
water used by the Ditch Company of the vicinity
where the communication came from
1t is quite too late now to dilate on the benefits
to Calforna-to the whole gifts population above
all to the practical miner: of the Canal enterprises
of California. Thousands of acres of the mineral
lands could not be worked without the aid of these
canals Many, or most of them are built at great
expense, necessarily demanding the aid of capital
The major part of that capital at least in our own
county, has been supplied by the citizens.
These works demand and deserve an equitable
protection at the hands of the law, wellas at the
hands of the miners themselves. There are still
large sections of the country requiring the intro
duction of water to enable the aurferous soil to be
worked at all A just degree ofprotectionis neces-
sary to water companies, or water will not be In
troduced upon these sections We would also no.
tce that there are numbers of small bitches in the
mining region, dug at the expense of few practi-
cal miners themselves that require the due and
proper protection of the law just as much as the
larger companies. We make these few desultory
remarks on noting that the miners themselves have
taken hold of the matter and arc determined to be
set right on the subject before the people. We re-
fer to the proceedings published below. The mi
ners know that the g old fogy,' common law of
England" notion of the usufructuary right to wa
ter was not settled for the accommodation of a
community of miners. We hope TO refer to- this
matter again.
Miners Meeting Mt OIl,ir.
At meeting of the Miners, held in Ophir, Placer
county. on the 18th day of December, 1858, to de-
eide on the rights and privileges of Water Compa-
MES Mr. Gaylord Curtis was called to the chair
and MIR. Chas. Hopping appointed Secretary.
On motion of Mr.. Peugh that committee Of
three be appointed to draft resolutions to lay before
the meeting Mr.. J. King, of Secret Dggings; Mr.
VIM. Archibald, of Doty's Flat and VIM. Bell Of
Ophir were appointed
The Committee brought the following resolutions
before the meeting andthey were adopted, with but
two dissenting voices among three hundred miners
assembled.
Whereas, we the miners of this vicinity are in q
y
water from Bear River to this mining region, and
knowing that said bitches subject to large ex-
pcnsc in keeping up their works; and arhereas they
subject to great wrong, owing to q decision
made by Judges Wells and Heydenfelt, in the ease
Of the Shady Creek Company rs. Grizzly Company
and believing that should not apply to all cases
where water is turned into the natural bed of q
stream, and being always willing to be governed
BY justice and right we feel it to be duty to
the same extended to ALL be they incorporated
companies, private companies or individuals there
fore be it
Rcsolred, That Ditch Companies have a right to
take up their water from the bed of any stream in
this vicinity, and sell convey it to any diggngs
in this district, where water is taken up. Provided
always that all natural water in said ravine shall
be permitted to escape down said rayine without
hindrance from any company.
Resolved, That we, the miners ofOphr and the sur
rounding districts here assembled pledge ourselves
to see the above resolutions carried into effect not
in appeal to law, but in rights as miners pos
sessing rights to make laws to govern mines and
mining interests
Re8otred, That the proceedings of this meeting
be published in the Placer Herald.
On motion the meeting adjourned sine die.
GAYLORD CURTIS, Chairman.
CHARLES HopFlNG, Secretary.