Weekly Trinity journal., 1857-03-07
wEAvERtILLE, SATURDAY, MARCH I, is
Mortgages on Mining Claims.

Wnlcn proVlQes tnat miners may mortgage Ineir
mining claims by deed and record, with the same
effect against third persons in cases of mort
cages on real property. This indeed is very
important bill, and which will perhaps ben
eft our mining community more than any which
could be passed.
Companies who undertake great and expensive
operations will find this bill, if passed, greatly to
their benefit 1t requires money now to open al
most every species of mining claim, and when We
consider that the mining claim upon which much
time and capital has been expended, without
opening it so as to realise the amount expended,
pr the amount of the liability, is subject to at
tachment and execution, 1t becomes doubly i'm
portant that there should be some means provid-
ed by law by which miner can rase a sufficient
amount of money or provisions to aid him in
opening his claim. and prevent him from sacrfc-
ing it for few dollars cents or leave him to
the mercy and caprice of any man who may think
proper to take advantage of him. This would
also greatly benefit The trade of the country. be-
cause it would enable the miner to proceed with
the work of opening and working his claim. II
party of men without means and credit had the
best mining claim in the State, they could M voi
course work st, but if the merchant is m; r.
cure by mortgage, the miner can derive the ehcans
TO work his claim and the merchant is sure Of
the first payment, thus bringing business to sort
of cash basis. A measure of this kind must ul-
timately pass the Legislature because it is utter
ly impossible to carry mining without almost
invariably in the commencement incurrng heavy
liabilities This of course does not occur where
miners are capitalists or have the necessary
means to prosecute their labor.
The necessity of some such Bill will be still
more evidently seen when we take into consI
tion the fact that a company may have mining
claims worth seventy-fye thousand dollars, and
yet it would almost be impossible to raise five hun
dred and retain the possession themselves. This
bill then will, beyond doubt, operate more to
the real interest of the miner and business man
than any law which can be made. Men Of capital
can readily be found to advance money upon
mining claims, but at present there is no possible
manner Of doing so without giving absolute pos
session. The Legislature has very wisely re-
Trained from making any laws. Or legislating in
regard to the size and location &C.. but even I'M
der our present statute the miner is not free from
the attachment and execution of his mining
claim, no matter how rich that claim might be,
or how little the amount of his liability And on
the other hand the merchant is compelled to re-
sort to the process of attachment in order to Sc
cure the amount of his credit. 1t often happens
that where company of men, or even one indi-
vidual owns a rich claim he or they are unable
"a
bill the individual or company would have no
difficulty in procuring aid through a mortgage to
some person who would willingly take an interest
in the claim and advance the necessary means TO
carry on the work. Thus all parties would be
secure and enabled to proceed with the enter
rise There w0UId lc but very little ria u .~-.-
about the transaction,
We recollect distinctly that in the discussion
in the Senate last winter on bill of this char
acter, it was objected that under the law Of the
bill proposed miner might mortgage his claim
and then by an artful dodge forfeit it by not
working it within the time, and have it elocated
by friend, thus defeating the whole rights un-
der the mortgage Now this objection carries
but very little force or rather it would have but
very little application if the bill becomes a law
for the plain reason that the mining laws in every
locality would be altered SO that the mortgage
would be safely protected against any such los.
by forfeiture. 1t would be to the interest o.
miners to so change the law. If such was mo-
done but few would venture to loan money OF
mortgage where guarantee might be so easily
eyadcd or destroyed.
POLL TAx-We took occasion to review the
law in reference to the collection of Poll tax
some time ago. We did so for the benefit of ouI
own readers as well as for the citizens of the