The Nevada journal., 1857-11-13

Ditch Conrention-This is an age of
wonders. 1t is wonderful for the great
things that are done by small meals. A
little clique of politicians meets at Sac
ramento. and 10! fifty thousand votes
are cast for man that before had no
title, by prominence or capacity, for
public Office. A few men meet at the
same place, pretending to represent a
great interest, and the Legislature is
controlled, Congress bamboozled, and
grants overlapping each other, and, by
implication, carrying immensely greater
privileges, than appear on the surface,
are obtained-or to be obtained. We
don't believe in that "ditch convention"
with its costiveness of members, and di-
arrhea of words. Who spoke in it for
the immense ditch interests in this cOun-
ty? We have heard, repeatedly, the
prominent ditch men of this county, re-
pudiate it, as chimercal in purpose, as
misrepresenting their wishes, and as
tending to create a prejudice against a
valuable interest, that works to the gen
eral benefit of society, and yet is pecu-
liarly dependent on the good will Of mi
ners, and the courts.
Let us see how fartle proposed act of
Congress is liable to object ions Of this
character. The act reads as follows
A BILL to grant the light Of way over
the public lands in the State of Caifor
mia for mining purposes.
Sec. l. Be it enacted by the Senate
and House of Representatives of the
United States of America, in Congress
assembled That the right Of way for
any and every line of ditch, canal or
fume constructed for mining purposes
over the public lands in the State Of
California, is hereby granted to the
party or parties who have constructed
and now own or hereafter shall construct
the same such grant to include reser-
voir privileges and the use of timber
and other materials necessary to the
construction and carrying on of such
works, and to be operative from the date
Of the location of the line or route of
such ditch, canal or tume, by actual
survey. and the same to become void
upon the abandonment of the work, or
the non-use Of such dilch, canal, or
flume for the period of one year. Pro-
vided, always, that it shall appear that
such right of way was located in good
faith, and that the construction Of such
works shall be prosecuted with due dill
gence.
Sec 9 The United States guarantees
not to claim or enforce any riparian
rights which she may have by virtue of
her ownership of the lands, against any
owners of bitches, canals, or fumes for
mining purposes in the said State of
California.
The act proposes to give an absolute
right of way to bitches heretofore or
hereafter located. No exception is
made, and they may be located over the
most valuable mining claims, improved
building lots, right through mining
towns, over saw mills, &c, destroying
valuable improvements of every kind
for the benefit of one branch of business
The resolutions of the ''Convention, -
to be sure, use the phrase subject to rec
ognized and established private rights, :"
but the bill that they advertise, and wish
passed, and which of course embraces
their perfected idea, speaks of no excep-
tor whatever. But suppose it did
What, in the mining counties. is a "rec-
ognized and established private right r.
AS against the L. S. government there
is none such. We have the lowest
species of possession-by mere suffer
cree, in mining claims. and in all other
improvements. We are liable at any
time to be ousted by an act of the gov
eminent. The passage of an act like
the above, even with the qualification,
would give ditch owners a right to all
the soil they run over wherever it was
not held in fee simple, wherever the ul-
innate right of property is in the gov
eminent.
Again, the United States is to guar
antee not to enforce riparian rights
against ditches-that is, every drop of
water in the mountain streams of Cali
fornia may be diverted by the bitches
now or hereafter located, no matter how
appropriated at present for other mining
purposes. Our Supreme Court has said
repeatedly that persons locating mining
claims in the bed of stream, are emit
tied to the use of the water as against
all subsequent locators This act would
reverse all that. Miners would be com
PEELED to buy Of bitches, no matter if by
time honored custom, and by judicial de-
cision, they had before appropriated,
owned and used. the water as their own,
for years. If the United States yields
mp its riparian rights, it yields up those