The daily Butte record., 1858-04-06
Com nl unicated.

i
of the State in the case Of Boggs, vs.. The
Merced Mining Co, has created a sensation
all over the State, where the rights Of the
great body OF the industrial population are
threatened, and the Supreme Court with
| commendable hrmness afford that protection
winch they have night to expect public
demonstrations will be made mauItesting
that confidence which it is at all times desi-
rabe the citizen ehould have in the govern
ment Everywhere the miners were heard
to express the belief that we have court
which can neither be bought or drhggooned
from the direct line Of their duty. Every
interest IL ithe, State feels the same confidence
except that Of those floating grants that drift
about the State so as to inciu lie every little
village and home in the foo; hills Let us
look at some of these anomalies and sec what
their histories are; Huber has n grant
bounded by the Honcut, the Feather river
and the foot hills, the grant could never
come within two leagues OF Oroyile, without
embracing large tracts in the foot hills Of
the most productive mines, and his claim by
some magic power floats up 50 as to include
that town and the homes of more than two
thousand persons in that vicinity. The Fer
nando giant is bounded On the South by
Suttor's north line, on the East by the Feath-
cr river and On the North ty the foot hills,
embracing four leagues, extending back
from the river one league west The map,
the description, and boundaries are very def!
mite; ; the county on Suffers north line ex-
! tending four leagues up the river j. purely
J agricultural, not an ounce Of gold ever has
been or ever will be taken out of it, The
present holders procured the survey to be
made so as to include Thomps,ns Flat n town
twenty two miles north Of Suffers north
line. 1t was found by the holders that said
survey did rot include the valuable ranches
Of Chester, GrOut & Co., Crainc s. Go Star
man, Ruff, kcppel and Rollins. FIR |hich
the grantees bad most v0ra :i0as appetite
, They ordered the Deputy Surveyor t) chop
down about mile aud q half so os to include
these places, but were careful not 10 70 50
far that their North line would include by
some ten chains, II. Il. Lp;hrops Ferry
which cost him some $1,000, which they
Immediately applied for a liccnco t keep -
Fius survey was made to order. AMI nj their
own cost; upon this the grantees obtain
from the Government what they call pat.
cnt.
This rateut embraces between 5000 and
l0tOp ncrcs Of the best mining ground in
Butte county, every league Of 1t j. ia the
foot hills and does not embrace tot Of
ground described in the grant.
let the grantees are suciug ogt irilnc.
tons 10 restrain the miners from working
their claims. have levied black mail or them
at the rate Of $500 per quarter Of an
acre, and when this decision cana. an OK
preston Of joy lighted mp every colrtca-
Gnce, and relieved them OF the htrl "a tcvua-
, tive Of either being robbed. or of making
themselves outlaws by re- istinr the m 50
tyranical anl iutolorable injnsttce Many
thought that life itself was hardly worth
preserving Yhcn all that male ,ilc G mCyrta-
bic was taken away.
hsvo spoken Of The locltion Of this cl1ilr
but the making 0f the grant is li.! !'v last
curious. Ga the llth day Of June. 1916.
Castro the military len Ter OF Pho p.cp uhc
prctcnltl Goyeruor) hal an iupp't,ut c,a
voy cut of from his camp which forever in
elect destroyed all hopes Of minimizing his
authority in C0'ilJtuil GA the H. IA Nhe
next dGE) this grant pnrports TO haze been
signed Bat the answer to all th,s il that
because this is suspcous giant l1c1tel Get
the wrong place, it dOu't ia the least of a
tho night granted W. will suppose then IN
Spanish grant located in n mining district
probably marked out judi .i0l possession civ.
en- aud recorded in the proper books, what
then are the rights OF the parties. The land
and mines originally belonged - Mexico
she granted the lands rescryur the miner
ais md rigH To anne, McXicp's ri.ht il noJr
in this state, and has been granted to mi.
\ nGrs Can proposition be more clear anl
conclusive Bat Cal. page 36 Sto,os "
Branch & Co is relied upon; the decision
in that case was in regard to the right to
mine upon auls where the party hell his
right to cultivate thea under the Act Of the
/ State.
Judge iIoydcufe)dt delivered thc opinion
Murray concurriur. it is distinctly lail down
That the miuos of gol and silver belong to
the state on both public nul private lands,
that the miner had priority of right over the
agriculturist md these are the ouly ques.
tions decided in that case
what right had Judge IIcydoufc!lt to step
out Of the case before him and slv what he
would have decided if another cas-, were up
for adjudication Wha! right had he to
| pledge his opinion in some future case that
might arise. If il would have been imrrorer
/ for the Judge to have told me privately how
/ he would decide if such a case should arise.
was it not equally % for him to praillE9 n
case before it was calIelup IL the judge
| had been bad man. instead Of a highly
honorable one, might he not have thrown
out this opinion for the very purpesc of tell
ing Fremont y Co. what they might expect,
and may not this most inexcusable conduct
/ IN the Judge have been the cause Of Blgrs
bringing this suit. will not say that the
| opinion was thrown out for the purpose of
having its weight with the supreme Court in
| this very case nor that the judge hal Mt
this time been apprsel that if he should
/ leave the bench by resignation or otherwise
/ he would be employed in it or in a class of
cases involving this principle The Judge is
too good lawyer not to know that even in.
/ terior courts are only bound by the point
decided in the case al bar.
Tie article headed "Mariposa Mining
case in the Union of the 30th ult. uses the
following language; at was explicitly de.
cidel by the Supreme Court that the right
| to mine for the precious metals can only be
/ ex er sel unon tho nnhlic lani, - ,,,,L;r