The Nevada journal., 1855-03-16
Act in relation TO the Mines,

ACT Ill relatlOn 10 the MINES.
Mr. Knox of Nevada has introduced to
the Assembly an act in relation to the
mines and mineral lands of this State"
which has been printed, and we have
copy before u.s. As the bill is short we
lay it before our readers before remark
ing upon it.
"SEcTIoS l. Every white male citi
zen of the United States and every other
white male person who in accordance
with the laws of Congress has declared his
intentions to become a citizen of the unl-
ted States, shall be fully entitled to work
any of the mines of gold or silver IN this
State, without any tax, let, or hindrance
whatever.
SEC. 2. Such miners shall be allowed
to enter any land in this State for the
purpose of prospecting for gold or silver,
and may work the same and shall only be
liable to the owner or owners, occupant
or occupants, of any such lands for the
real damages done to growing crops there
on.
Sec. 3. Any of the persons named in
the first section shall be entitled to enter
any of the public lands of this State,
whether occupied or unoccupied, for the
purpose of digging bitches, erecting fumes,
bridg dges, or other works necessary for min
ing purposes.
SEC. 4. No action shall be brought or
sustained in any of the courts of this
State to prevent or to recover damages
from any person for culling timber, lum-
Der, or fuel, or any of the public lands in
the mineral portions, or sections of this
State"
This Act shall take effect from and af-
ter its passage.
Mr. Knox is faithful, Independent and
Jealous legislator, and We therefore in
making certain objections to this, bill =,
do so in all Difference to the mofye that
prompted its introduction.~
Section first we thoroughly approve
Section second should be amended so
as to render those who enter upon land
with bona Jfde improvements liable to the
owner or occupant for all real damages to
those improvements, whether growing
crops, buildings, fences, or other such ac-
tual improvements. And We would here
suggest that Congress has already provid-
ed for the protection of building and other
lots located in or near mineral lands, until
such time as Congress may dispose of the
same We quote from the T. S. Laws
the following section Of a law approved
March 3rd, 1858:
"SEc. 8. And be tt further enacted,
That the public lands, not being mineral
lands, occupied as towns OF villages, shall
not be subdividcd, or subject for sale, or
to be appropriated by settlers, under the
provisions of this act; but the whole of
such lands, whether settled upon before or
after the survey Of the same, shall be sub
jcct to the provisions of the act entitled
An act for the relief of the citizens of
towns upon the lands of the United States,
under certain circumstances" approved
May twenty third, eighteen hundred and
forty-four, except such towns as are To-
Gated on or near mineral lands, the inhab-
itants of which shall have the right of oc-
cupation and cultivation only until such
time as Congress shall dispose of the same,
nor shall any lands specially reserved for
public uses be appropriated nndcr the
provisions of this act"
We do not see how under the provisions
of this law the Legislature can authorize
persons to enter "any land" in this
State for the purposes named The in
habitants are protected in the right of
cultivation and occupation. This of
course does not include large ranches and
farms outside of Clowns and villages"
AS to the damages done there would
be no responsibility in most cases unless
persons desiring to invade the improve
ments of others were required to give
good bonds before a justice or otherwise,
to the probable extent of damage.
Section third is all right
Section fourth is foreign to the subject,
and excessively unjust. \ saw mill owner
takes up a claim of land under the laws
of the State, and should be protected in
his rights to the timber These rights
have never caused oppression or been COM
planned of, so far as we have observed.
The principal sufferers by the failure of
Adams Il Co.. are the miners; their losses
around Grass Valley fall little short of hun.