The Trinity times., 1855-03-17
S VI ME COURT
JANuARY IERM. 1853.

JANUARY ERIN, ltJJ.
Opinions readtrc9 in Cqascs bcfore tie Su.
preme CouH on Iue8doy Much 6, 1888.
Joseph T. LfcCimt0ck, respondent, vs..
Ddvia b ydeH ct al pDeliaHtS-Appeal from
the Tenth Judicial District, Nevada county
This cause comes up upon an appeal from an
order granting an Injunction, and twill not be
necessary to notice many Of the points made
by counsel in their briefs and arguments upon
the bearing Of the cause.
McClintock, the plaintiff below, claims that
lie has settled upon, and now occupies in
good faith, a tract Of land in the county Of
Nevada, for grazing and agricultural purpo-
ses. That lac had made large and valuable
Improvements upon tie same, and that he
had quietly and peaceably enjoyed his pos
session for some years prior to the entry Of
defendants. in tie business Of farming and
grazing. The defendants below set forth in
their answer, that the land so claimed by
McClntock is mining land, and that whilst
engaged in the business OF extracting gold
from the earth, they advanced their works to
the enclosure Of McCGntock, the plaintiff,
and that The earth contained within the en-
closure Of the plaintiff, wa, valuable for gold
mining purposes.
The record discloscs, that upon afilavits
setting mp these facts amongst others, the
County Judge Of Nevada county dissolved the
injunction granted by the District Judge,
and that the dissolution of the same was fol-
lowed by 4 renew, d order Of injunction from
the District Judge. Ii is further shown that
the District Jadge refused to set aside the
writ Of Injunction, upon application made 10
him for that purpose. The appeal having
been taken from the order granting the IN
Junction. we deem it only necessary to no
tee the main issue, by the bill, answer and
aifdavts in the record.
The important question is Row presented
TO us, as to what right a person may acquire,
If any, in the gold bearing districts Of this
State, by virtue Of his prior possession by
means of enclosures and improvements for
farming and grazing purposes. it has been
the admitted policy Uf the di1ercnt govern
ments of the world for many ages, when
those governments bad jurisdiction over soil
containing valuable minerals, to reserve those
lands for the use Of the government, aud ex>
clude them as far as possible from any claim
Of private ownership. Many reasons have
been given for this policy, prevailing from the
earliest times; one, that the government
having alone the right of coinage, il was in
cldent TO that right that it should control the
metals to be coined others have thought
that the doctrine became general in the days
of the feudal ages, when nations were almost
constantly in state of war. and the revenues
ol kings were mnch straiehted by the ire
qucht and heavy charges Of expensive arma-
ments, aud that the necessities Of revenue
aud currency excluded the idea that any sub
Ject OF the crown should, by virtue Of hi.
ownership Of lands have it in his power II
prevent 'he extraction from the soil Of th,
wealth SO mich needed. But whatever mn,
have been the origin of this doctrine il is nn
uncertain that it has been acted upon down
10 our own times.
The Government Of the United States
being a government Of the people has as faI
rs its action has been determncd mod.fe,
this claim TO the precious metals, ard deuy
ing its revenue from other sources, has, b,
its uniform policy, permitted its citizens. an'
subjects Of other states, to use the publ
lands for the purpose Of extracting the mos
valuable metals from their soil.
Treating the gold lands Of tie State, then
as well as the minerals in the soil, As belong
Ing primarily to the General Government
she has, b acts Of COn.res', reserved from