The Placer herald., 1856-02-02
Legislating upon Mining Interests.

some attention, and eliciting the opinions of
the Press throughout the State, we propose
to give our convictions upon the subject
opinions, which are the result of three years
in the mines.
No one who has not resided in the min
eral region of this State, can arrive at any
reliable conclusions about the matter; and
even with the great mass Of those acquainted
with the question, opinions are so various as
to warn the law-maker against acting, for
the present.
When the Legislature has established such
rules in relation to the possession and work
inc of the mines, as the harmony and sta
bity of society requires for police purposes,
it has then effected all that general consent
has as vet sanctioned. The property which
the miner has in his claim is said to be "an
uncertain, intangible property, available only
to the person who is i'll actual occupancy,
and which cannot, with any safety be, made
the foundation of credit" Our judicial trl-
bunals are fast reducing our ideas of that
uncertain, intangible property" to some
thing like definite understanding of the
rights, quantity Of interest, and liability
thereof thus, by slow and calm reasoning,
arriving at result, into which, it is barely
possible the Legislature might blunder. In
this manner the Supreme, and every court III
the Mines is made forum for the discussion
of this question: and when the courts fail
then it will be time to make more law upon
the subject.
The Act of May 1lth, 1853, is to the et-
feet that, "a mortgage for good and val
liable consideration upon possessory claims
to public lands, all buildings and improve
ments upon such lands, all quartz claims, and
all other such personal property as shall be
f.red in its structure to the soil, acknowledged
in manner and form as mortgages upon real
estate are required by law to be acknowl-
edged and recorded in the office of the re-
corder Of the county in which the property
is situated, shall have the same effect against
third persons as mortgages upon real prop
ertv'
We have also an act providing for the for
nation of corporations for manufacturing
and mining purposes, DC" thus enabling
persons to borrow moneys for the purchasing
of engines and other machinery, build mills
and work mining claims, by virtue of thel1
position of stockholders, as well as if they
were actually upon the ground. Cnlncor
porated companies or firms of Joint stocl
nature are also in full operation, holding the
ground without the personal presence OF al
the members of such companies, and so fal
as we yet know, it is perfectly legal.
The miner is entitled to and we believe
does receive credit upon the same basis that
other business men obtain it, viz: upon theil
character as honest, intelligent managers
and their ability to pay. If their claim i:
good they need no credit, and for prospect
inc purposes they must run their chances a
in any other speculation.
Perhaps the property one acquires in
mining claim is not of an Unbeatable nature
and if so, we say amen to that. We wan
the active, energetic young men of the da,,
in these hills and gulch,s to develop them
We want to see the poor man find IN Call
forna his earthly heaven: here in thes
mountains freed from the presence of task
masters, to reap the golden harvest, vindicat
the dignity of labor and with his bronze
check and calIoused hand to stand fort
among men, and by his independence declar
to the world, Il am a man. who is more."
1t is not proper or good that our mining
grounds should be under the supervision an
control of the Probate Court.
These are some of the reasons that Undue
us to set our face against any further leglsla
ton upon the mines of the State. There
fore, We say, gentlemen, hands off. We
work out our own salvation.