The Georgetown news., 1856-02-14
Mining Legislation.

OF Legislative IltcilcTcHCC i'll tue DlaJlef we
have very little to add. further than to en-
ter our protest, in behalf of our mining
friends, against any interference with the
subject, unless absolutely necessary. and by
other than those intimately acquainted with
their wishes and requirements The mining
laws enacted by practical miners in their
respective mining districts, are perfectly
satisfactory, are we'll adapted to wants and
conditions which none understand so we'll
as themselves, and are free from the ambi-
guities, the quirks and quibbles, in which
it is manifestly the interest of the legal fra
ternity to clothe them in order to induce
litigation.
IN the Senate on the 9th inst, an attempt
was made to pass an amendment to bill un-
der consideration, exempting mining claims
from execution. The fifth section of the
bill reads thus:
FLth, The house and furniture, including
table. camp stools, bed and bedding of IL
miner, whinls, derrick, and animals necessa-
~ 10 work the same; also, his rocker, long
tom, siuiccs. and mining implements, shoy-
els, spades, wheelbarroWs, pumps, and other
instruments used in mining. with provisions
necessary for his support for three months
The amendment offered was to insert af-
ter the word fifth the words mining claims.
The amendment was lost by vote of II
to 10, and the bill laid on the table, but as
the subject may again come up, we are in
duced to offer a reason or two why a bill
embracing such provisions as the amend
ment referred to should not be passed.
In this section Of the mines, as in MANY
others, large proportion of mining capital
is invested in tunneling operations, which
necessarily require large investments of time
and money before any returns are realized,
if ever. Many of these companies are COM
posed Of from ten to forty members, and in
some instances of one hundred In very
few cases are the whole company engaged
in working the claims, and assessments are
levied to defray the expenses of driving the
tunnels, those working therein receiving
wages for their labor. Under the opera
ton of law exempting these claims from
execution and sale, a member Of compa-
ny who had paid assessments for a time on
his interest, could refuse or neglect to pay
his assessments until the tunnel was COM
pleted, and then if any thing remunerative
was found, could step forward and pay up
his arrearages and be entitled to his diyi-
dends; but if, as often happens. the claims
should prove valueless, he could still refuse
to pay up his arrearages, thus leaving the
company in the lurch to that amount.
Under the existing state of things a spe-
CITED length of time is allowed member
to settle his delinqucnces, when, he failing
so to do, his interest is advertised and sold
at public sale to satisfy the amount due
1t has been decided by the Judge of this
judicial district that this mode of procedure
is illegal, but in spite of the decision such
transactions are of every day occurrence,
and such action is so manifestly just and
in consonance with the popular view of ex-
pediency and right, that we are not aware
Of there ever having been any advantage
taken Of The decision to attempt an abroga-
ton Of such action by a company.
The amendment was offered under the
plea Of justice to the miner, but we can as
sure the assembled wisdom that the miners
are satisfied that it would work them great
injustice, and unitedIy deprecate any such
action
During the debate on the amendment.
Mr.. McCallum made the under-added re-
marks, which, together with his action in
matter, we believe to be in consonance with
the views and wishes Of his mining constit-
uents:
Mr. McCalum said, as q representative
from mining region, he was opposed to
the amendment. lie thought it would
NOI N lDuch lAJuSIlCC " lLC HlLCF, WAS
wholly unnecessary. and would be inopera-
tive. In the first place, the mining claim
was his property, and his credit depended
upon his property that was subject to exc
cution. The Senate, yesterday. refused to
authorize the miner to mortgage his claim
except it was a quartz claim. Therefore,
if the amendment was adopted, the miner
could get no credit upon his claim, because
it was not subject to execution. The tun-
mel claims were frequently Of great value;
but a heavy expense had often to be in
Cured before the pay dirt was reached; and
the miners had frequently to depend upon
credit during the prosecution of the work.
In his county it had been decided that mi
ming claims were not subject to sale under
execution. How it would be decided by
the Supreme Court he did not know; but
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