Oroville daily Butte record., 1857-11-11
What shail be done with the Mines /.

oOteicu, Wy Inc Coiniiou consent OF the Nll-
ners themselves, and the State and Nation.
al Legislatures. But it seems we were mis-
taken, and that the question is to be again
agitated. and for the purpose of changing,
what has been the settled policy of the gov
ernment, that is, to have the mines free to
all, and with no disabilities save those incl
dent to prior locations.
BY the proceedings Of convention of the
Ditch owners held at Sacramento Oil the fifth
of this month, it appears that class Of miners
are not content with the present state of
things, but are moving to procure the pas
sage of Bill by Congress, granting the
right of way for any and every line of ditch,
canal or fume in California. The draft of q
bill to be submitted to the State Legislature
for its approval, and to Congress for adop-
ton, is as follows:
A BILL to grant the right of way over the
! public lands in the State of California for
mi ming purposes.
| SEC /. BE 1t enacted by the Senate and
House of Representatives. of the United
States Of America in Congress assembled ::
That the right of way for any every line of
ditch, canal or Aume 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 shall construct the same such grant
to include reservoir privileges and the use of
timber and other materials necessary to the
construction and carrying on of such works,
/ md ha frou ba 1ot Of rho ln-
cation Of the line or route of such ditch Ca
nal or fume, by actual survey, and the
same to become void upon the abandonment
of the work, or the non-use of such ditch,
canal or fume for the period of one year.
Provided, ai,cays, 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 diligence.
SEC 2. The United States guarantees not
to claim or enforce any riparian rights
which she may have by virtue of her owner
ship Of the lands against any owners Of
bitches canals for mining purposes in the
said State of California.
We are perfectly satisfied that however
ardently this bill may be approved by tho
State Legislature, it can never become law
by act of Congress, in its present form. 1t
is too loosely drawn it gives too great a
privilege it makes grant uncertain and
unlimited in extent; it grants to one the
rights which another does or may legally
and rightfully possess.
But the mere form of the bill, as it is now
presented, is of no moment. Should Con-
gress see proper to take any action in the
matter, that is easily remedied.
The real question is, shall there be any
grants to individuals, of the mineral lands
in this State The action of the COnven-
ton of Ditch owners, opens the question as
to the whole of the mineral lands. For if
the investment Of five thousand or five hun
dred thousand in water bitches or canals,
will give to their owners claim to be pro
tected by Congress, by q grant of tho lands
through which the canal or ditch may pass
with the further right to use any and all
timber and material necessary for the con-
structon Of the work, we can see no reason
why the Quartz miner who wishes to invest
his capital upon q Quartz vein, should not
have the same claim to grant of the vein,
of timber and necessary materials for erect
| ing his buildings and working his ore.
And the claim to grants in and Of mineral
lands cannot stop even here. The miner who
has tunnelled some thousand feet into the
mountain, although by the labor Of ibis
hands, has capital invested which he may
just as honestly claim should be protected by
a grant from Congress.
As it now stands all are equally protected
by the laws of this State, and we can see no
just reason why capital invested in mining
ditch or canal, should be any more protect
ed by the State Legislature or by Congress,
than capital invested in quartz or placer
mining.
If then, grants in and of mineral lands
are to be made, shall the grants be general
or partial' to one class of miners or to all
classes: Shall the mines be sold to all who
will buy, or shall they, or portions,of them,
be donated to all who will accept? What
say the miners
| STATE OF THE TREAsURY.--The cash in