The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-11-29
injunction, which has had OF oouIse The effect q suspend
ing the works for che preeont

"B snf WORKS foT the present.
Judge AcAf'ster, IN concluding hw opinion, rsmarks
"Ihat the ground which the Court has felt 70 DO is
duty to D.erpose by injunction this . 70 preserve
Inc promises rom waste and destruction while thc .ise
TO s undecided Il has also considered 'ts duty 70
cDon against the removal Of the which nave peen
already extr acted and remain the premises. Svery
object contemplated by the tkh and Which the Coart de-
effect would obtained by entoang the
further working the mirus reduction and carry
ing on the ores the, premises Unless hose ores
liable 70 deterioration or destruction froa natural
causes, or by being plup4e there IN necessity ap
point receiver. II, ho cyer, II De made io 6oear tnat
condition OF those rss Is from any cause insecure
other circumstances hich may call for fun ter nterpo
son the Court will ske into consideration an apphca-
ton for the appointn . ut OF receiver"
Judge Holman GBsicrs that there rs substantial
ground OF conoy between the parties, but that the
alterations Of fran ~ the BILL which are met with nc
positive denial in - answer, sustained by proois Oh
he naudu ~ ae Ais Of the paItes and the manner VI
which the docun produced which leave the qae3
case where the substance OF tie estate and that whch
constitutes IT'S bsf value, beng wasted and carried OIL
~ enormous az sues, and where the land injury 10 an
extent lar gi Hter than be compensated by damages
seems 70 ns clearly the duty OF the Court 70 preserve
ihs property roadng The allegation, by which the right 70
suhsequei 10 the preceding decision another arplica
non was m' ~ for the appointment Of rsceyer on the
iopowlDgg { r0undss--
L. That d. said mine is in . dangerous aud exposed
condition ard requires TO be under the and super
vision Of Dis Court for it's safety protection has
within snor. period, and since the ccmmcnc1ntn NJ OF
tns sun been suffered by the defendants 10 De greatly N
II ~ .he ores extracted from said mine subject
TO was S,spo abstraction and ioss, and shoad ne re-
dueed % save their value and the conp'a'nt Iurthor
move Court appoint special commissioner to ox
amin and report upon the state and condition OF sad
m and the necessity or otherwise, Tor receiver N
ord 10 its protection and reservation.
tn Harry Thornton was appointed a commissioner,
an is,as proceeded TO the mines and expected 70
r. prrt day Mr. Eben Faxson, engineer Of
b o. standing, formerly employed by tho Gua iaiupe
s,cssiver Mining Company, accompanied Mr.. ThnfnIon
S5ved whatever they recommend viii be adopted 10y the
sJurt.
Che proceedings this have excited great interest
nCahforni principally because il is regarded viola,
zion Of the policy OF Congress relation 10 the acquisition
and enjoy ment Of minerals by the people WAS urged
on the argument that mineral lands are reserved from
survey, sale and pre- -c,npton not 10 enforce
ment monopoly but to promote the discovery OF mines
and 20 let them remain subject To the regulations OF each
1 mining locality made by the miners themselves. 1t was
cobiended that Congress has deliberately reaned from
adopting any plan for the disposition Of mineral lands in
this State, aud has not through negligence inatsnon
to Tins vast interest merely failed to do so and that ti
course of abtnenc. from legislation stedlasy pursud
by Congress for Iany years amounts in law and IN tact
a sanction by the government OF the customs, usagcs
and regulations established and in force at the bars
dggngs and adoption OF these customs, usaSts and
regulations TIE mining system Of the United States IN
California. The laws Of California cited on the argu
men provide that ''m actions respecting mining eains
proofs ehll be- Admitted OF the customs
laons established and in force at the bar disgings
embracing such claims and such, when not m coniic
with the constitution and laws this state, shall govern
the decision of tho action IL thus appears tnat the
rights and obligations Of the miners To be tested by
N. customs usagcs AMI regulations OF each mining 10
caty, and that All questions affecting the rights or
session IN IN. mineral regions oi TINS state are tired 10y
the state courts whe such property protected by h,
state laws.
In view Of hls system so long established and we
known there is certainly great for insisting that
" violation OF the laws oi the United States, and Tor
holding that .he United states have dedicsd the minerals
IN The public lands Corns To- the of the p@pie
10 be acquired and enjoyed by them according 20
customs, uSagas regulations OF each bar or mining
| hc.liy.
Ihis vie, of the question the or California be
lcye to H the one, and they know that any Other
sould la } 10 great INJUSTICE Upon is correctness 10
/ bel Ali
Il all the mining oIorat'ons which have been carried
on in California since the discovery Of gold -
!. | many tr,spasees committed ON pabuc Lands
and 40. Legitimate ahors authorized and encouraged b,
the government then every man property depends npo
~ prDg acton the name oi the government agans
toe miner there " 10 possible defence.
According 10 the decision ~ .a isc any miner Ia Cal
fornla may be elected ton nw .igim whenever the
cuery Of tno courts may be pat IN motion TINS ooncu
which Is dsut Ia oxcecd, whatever may bo the law
tho matter. II ~ii not DC cout.ndsd that the law place
all the mining property IN this STATE at the mercy of ib
executive, TO b. held during IL pleasure and no longer.
Your correspondent has dwell the points Ia his case
account ~ - great importance 10 Ia" pcopc ol thu
State II presented question common " this case
"a any Other which I'll, may lnstlot. aain
The holders % rich mines. There quartz mines
" not quite valuable the ~ NV Amaden, nHc
the law, would APPEAR, dapphe1 generally, would
quartz veins than "a the ares 10 s suit uai dccaoi
the property they claim. The dccson las greatly dis
tubed public confidence IN mining titles II h,s not, Il 4
tru. caused nVch excitement Il would have don.
il not generally believed that h.s suit sxc.p
uoua case instituted to suh-erye the purposes of III,
claimants under the Izro- grant, two Of whose
retained by thc government The c1sc couduoteC
by them who canot hope the government VII derive
| benefit from II.
AZ the valGe of tho Anladcn mine, 10 hsv'
been much exargcIa.ad. Tho general report sayf II
worth from thirty lory million dollars. but this
mtslc The authorities II santa Clara county have az
scssed n, mon dollars ana collect taxes that
amount Tho annual cxpcns. q; working sstD ,spyros
receipts sToo,v0p, which shows net annual pront
$4,000. Prom ue time o. aac2ysIy " 70 1871 The sn
lsses n.l ehr h.a
/ amount staird. In mining OPERATIONS n returI
! i of twelve per cent per annum is recognized Al
l the Just bass Tor money nvett.d and taking
this standard to estimate the value Of tho min. wouis
b. worth t~o million dosfs Thee. 6suros rcssrdcs
high by persons acquainted with the busincss. Tho AZ
srssor 81 Santa Clara county computes the value At tbs
rate of two ITr cent per month or the lfols, shch
being tsco v0 brings the principal value at mil
| lion. There is always danger a. tho mine giving cut
and the consumption II quicksilver being limited, the in
yestneni II mvney in California invariably hrsns,ns
from two 70 four rtr oeDi per mohth u 10 believed Lila.
l The Almadcn property would not Icaec than
million IN thus saic though IN Europe two r'ilous gh
II l...x ia a.