The Placer herald., 1856-12-20
Legislation for the Mines.

jects before it, for making laws regarding the
mines of gold in this State. Very few acts
of the kind, or bearing upon the mining in
terest has been passed. Pending the session
of 1855, we took occasion to express through
the columns Of the Herald our appreciation of
the course adopted in this respect by our
law makers. Experience however, indicates
u necessity, which will be admitted by the
mountain press generally, for some legista-
ton as between the ranch owner and the
water ditch owners. All will admit, that
without the aid of the water bitches, which
conduct the waters from the beds of streams
to the mining ground, the operations in the
mountains and about the foot hills would
never have become of one-twentieth part of
their present Importance. Cotemporary with
the strides in mining operations has been
the agricultural and ranching interest. Every
piece Of tllable and grazing land in the
valleys, and in every nook and corner of
the mountains is being taken up. These i'm
provements often are in advance of the miner,
are of late days never behind him. 1t often
occurs that it is essential to dig canals thro'
these ranches, and herein the ranch man
and ditch protector come directly in contact.
Our statutes for police arrangement, directs
the manner in which persons for the pur-
poses of cultivatng or grazing may be
maintained in their possessions of the public
domain, but in doing so made this proviso-
"that if the lands SO occupied and possessed,
contain mines of the precious metals, the
possession or claim of the person or persons
occupying the same for the purposes afore-
said, shall not preclude the working of such
mines by any person or persons desiring to
do SO as fully and unreservedy as they might
or could do had no possession or claim been
made for agricultural or grazing purposes
This provision has received a judicial con
structon. The Supreme Court says that
this statute cannot be extended by construc-
tion," and further that sin permitting miners
however, to go upon lands occupied by Others
it (the Leoislature) has legalized what would
otherwise have been trespass, and the act
cannot be extended by complication to class
of cases not expressly provided for" 1t is
apparent that this view of the law, interdcts
every other use of the land by the citizen ex-
cept the bare privilege of digging for gold
The foregoing remarks of the Supreme Court
were made in confirming a judgment where
the miners or ditch owners, had cut ditch
which conducted water tn, ough portion Of
ranch to the diggings beyond the ranch,
and the District Court had granted judg-
ment for damages to the ranch owner, order
ed the ditch to be filled up, and perpetually
enjoined the parties from reopening this
ditch or cutting any other over the ranch
in question. Thus it will be seen that the
agricuIturalst in the mines has, to a great
extent, the destinies of the mineral region
in their own keeping, instead of being sub
servient and incidental to it as the people in
tended. The ditch men must comply with
the ranch owners terms or the work cannot
90 on.
This is leaving too much to the cupidity
of interested parties. What we propose as
a remedy is, that means be provided by
which the farm owner shall be properly re-
compensed by the ditch constructor for all
damages rightfully chargeabIe to the con
strurtion and maintenance of fine canal as i'm
cases of canals, railroads, wagon roads, and
turnpike roads, and such like improvements
in which the public are interested and which
are general necessities. Protect both parties
but do not leave the matter as at present.