The Shasta courier., 1854-05-06
District CourI.--Trinisy County.
Morrow Davis ct al. } Hon. J. Nj Corkle
William Ware
William Ware.


This action is brought for damages. The
complainant states tn It plaintiffs have construct
ed canal for the purpose of conducting
the waters of West Weayea creek to certain mi
ming lands which they We're in possession of
and working, known as Davis & Co.'S race and
that defendant had, by constructing dam, di-
verted the waters of West Weaver creek to 9TH
er diggings contrary to the usages and customs
of tie miners OH West " eayer, aud claims dam
ages, &c.
The answer sets ont that the dam, by which
The waters of West Weaver were diverted, was
constructed in the year 1851, for the purpose of
conducting the waters of said creek to the mines
in the vicinity of w Weaverville-ihat the race of
defendants was commenced In the year 1850.
and completed in the spring fl851, and was in
fact completed and III operation for the purpose
of mining, year before the plaintiffs began
to construct the race known as Davis s. Cos far
below that Of defendants-that the weters of
West Weaver SO diverted, was for mining pur-
poses, &c., according to the usage and regula-
tons of miners in the county Of Trinity, &c.,
that plaintiffs, according to the regulations of
the miners, were only entitled to four !" tom
heads of water, for the purpose OF working The
bed of West Weaver creek, as ascertained and
settled by meeting of miners held at Weaver
vile on the 9TH day of June, 1858, regularly call
ed and attended by the miners of West w eaver
CTeeh, dud a. "tAAS1 'AA~ - ''A"eAoAS
were made: s+s
Reso1red. That the aforesaid race companies,
(meaning those in the vicinity of Weaverville),
be entitled according to their priority of light to
80 much of the water of West Weaver creek as
their respective races will convey. Provided al
ways that sufficient water be allowed 10 run in
the natural channel of said creek for the benefit
of miners at present working or who may here
after work the bed of said creek; and that four
tom heads shall be sufficient for that purpose
That at the same meeting further regulation
was made to the effect, That any indivd or
company who may construct race Tor the con-
veyance of the water for any gulch or creek in
the district, shall be protected In the right to
said water, provided it is used fer mining pur-
poses ;,
ance with the above regulations, permitted four
iom heads OF water to run in the natural chan
mel of West Weaver creek. for the purpose OF
supplying the MINES thereof with water &c.
To This answer a demurrer is fifed, admitting
all the facts set out as true and claiming that
they do not constitute legal and sufficient de-
ferse. &c.
The questions and rights involved in this case
are of great importance to the mining popula-
ton of this as well as the other mining coun-
ties of this State, and upon their equitable and
fair adjustment depends not only the quiet and
peace of the community, but to great extent
The prosperity and success of the miner and the
full development of the vast mineral resources
of the country.
This Court cannot but perceive the inapplica-
bilitv of the doctrines of the common law to the
state of things presented. West Weaver creek
flows through and drains lands that strictly
and exclusively mineral, and the only business
and occupation of the mass OF people In lis vici-
ni,v is mining for gold. Water is an indispensa-
BILE and necessary element for mining opera
tons. and the application OF the doctrines OF the
common law in regard 10 water courses, as esta-
blisLed and applied to oasriculiural and manuiac-
turing countries to mineral regions, would
not only not tend to foster and protect the mi
ming interest but absolutely retard and in course
of lime destroy it. The beds of most of the
creeks and streams in the mineral regions, have
been worked out, while extensive gold fields
lie unoccupied and untouched syet tor want OF
water, but which by the construction OF canals
for the conducting Of water on and through
them will Weld good wages to the miners for
wears to come. and furnish thousands with con-
,tant e,nplovment who Otherwise wonld be
compelled TO lay idle, except during the rainy
The statutes of this State have, however. to
some extent, relieved this Court from the re-
suousiblity of making a decision IN this case
which. while il would protect the interest OF The
great mass of the miners of this vicinity, would
- IN. same time be in direct coutict with the
common law.
The : usases and regulations of the miners
and localized by the law making power, are
adopted and made much part oi .he law
af ,hs State. when not in conflict with the Con-
s,;,ution aud Statutes, as the Common Law IL
s.Ir and sbonld be enforced by the Courts as
snrh With this view of the state OF the case
and the law, the question involved can easily be
determined.
The regulations of The miners in this district
,nd v;cinitv as set oat in defendants answer,
yivc 10 tht. defendant the right TO use all The
water of West Weaver Greek, except tour tom
heads for mining purposes condnc'e,i 'h'oish
IL 80 fn,r .sfcm heads being deemed
snfT;c;ent Quantity for working the bed oil The
ora.L brlnw The dam of the defendant
In all respects. il is admitted. the deienaant'
has com piled with the regulations as maze
- - rnnularly callt-u meeting fDr