The Nevada journal., 1857-05-22
Important to Miners.

bclOIc y uuge CcdrlS, OH ucsddy last.
1t is important to the miners, because
the rulings of Judge Searls, so far as
his Court is concerned, fixes the point
long in dispute relative to the power Of
miners to make laws or establish Gus
toms which conflict with the Constitu-
ton of the United States, or of this
State, and also, the power of one ten
ant in common to sell the mining claims
OF interest of his co-tenants in common
for an alleged non-payment of assess
ments. There were other important
points decided by Judge Searls during
the trial of the case but, as they are
not so important as those named, we
will not at this time present them to our
readers.
The case tried was one wherein O.
P. Stidger, of North San Juan was
Plaintiff, and f. H Waterman and 9TH
ers were Defendants. Plaintiff brought
suit in an action of ejectment against
Defendants to to recover the possession
Of certain mining claims, tunnel, &C.,
which he alleged had been taken wrong
fully by Defendants. Plaintiff averred
in his complaint that prior to the 9TH
day of January, 1857, he was in actual
possession of one-third interest in GER
tain mining grounds, held in common by
himself and other parties-that on said
day Waterman and his Co-defendants
ousted Plaintiff from his possessions,
&c; Defendants admitted Plaintiffs
prior possession and custer, bnt claimed
that the custer was legal, made in con-
formity with the laws and customs
among miners in that neighborhood
where the claims are situated-that the
claims had been sold for non-payment
of assessments and purchased in by De-
fendant Veazy, and subsequently sold
by Veazy to Defendants Waterman &
Patterson.
The pricipal points decided were
1st. That the miners customs could
not under any circumstances set aside
or override the Constitution of the Uni
ted States, and the State of California.
That the Constitution of this State, and
of the United States, proclaimed that
no person should be deprived of life, lib
erty, or property, without due process
Of law; that if the miners had the pow
er to set aside the Constitution in this
respect, then our system of government
is failure, &c.
The other point relative to the power
of selling a mining claim for non-pay-
ment Of assessments, Judge Searls said
that before that could be done, there
must be positive agreement between
all the owners that the claims of each
party may be sold. This agreement
may be either verbal or in writing. 1t
may be made either at the organization
OF the company or subsequently, but it
must be clear, distinct and positive
agreement among all the members in
which all must agree thereto, That no
agreement by implication will answer,
that each owner must be present either
in person or by duly authorized agent.
These decisions are of the utmost i'm.
portance to our readers especially the
mining portion of them, for it has be-
come almost a universal custom among
miners to sell mining claims for non-pay-
ment Of assessments, without authorize
ton from those who are SO unfortunate as
not to be able to pay their assessments
promptly.
The verdict of the Jury was in favor
of the Plaintiff
We understand that the case will
probably go up to the Supreme Court.
If so, we will probably be able to get
decision from that august tribunal upon
these important points and number of
others involved of which we have made
no mention.
ACCIDENT. = We understand that
John Duane, a brother of Charley,