The Nevada Democrat., 1858-12-29
rhn ani.kslIxer SUIT.

. AIma0eu luICkblNCA MtuC outst w oNe~sNN e@~-'
that the u S. District Court had decided ad.
versely to the claimants Of the mine. This was
a mistake into which we were led by reading
an article in San Francisco paper. The only
decision thus far rendered in the case was made
by the Land Commissioners, who decided that
the present claimants were the lawful owners
of the mine, but rejected their claim for two
leagues of land upon which the mine is situa-
ted. The case was Immediately appealed to
q. s. District Court where it is still pending.
When the decision is made by that Court the
case will doubtless be taken TO the U. S. Su-
preme Court, and 1t is barely possible that the
matter may be finally determined some time
during the nineteenth century. But whatever
may be the final decision, as between the q. S.
Government and the New Almaden Co., 1t is
quite certain that the mine will not in any
event become the property Of the government.
The Fossatt claim, which has been confirmed
by the Supreme Court, has been so surveyed by
the U. S. Surveyor General, as to include the
quicksilver mine, and as between the govern
ment and the owners of the Fossatt grant, the
question has already been decided in faver Of
the latter. This decision does not Of course af-
feet the rights Of private parties holding claims
adversely to Fossatt but should the case now
pending between the government and the New
Almaden Co., be decided against the latter, the
holders Of the Fossatt grant would step in and
secure the prize. As the matter now stands, 1t
would seem that the government is paying the
expenses Of, and carrying on q suit against the
New Almsden Co., for the benefit of lot Of
land d-grabbers and political spectators, who
have bought up the Fossatt claim.
The decision of the U. s. Circuit Court, on
the application OF the District Attorney to re-
strain the Almaden Co. from working the mine
while the suit was pending, Was not made on
the merits Of the case. The Court refused to
receive any testimony as to the ownership OF
the mine, or Of the land upon which 1t is loca-
ted. The granting Of the injunction was doubt
less proper enough 30 far as the law is concern.
ed, but the closing up Of the mine has thrown
several hundred laberers out OF employment
and the hardships inflicted upon them and their
families was wholly unnecessary. The i'm.
provements which the Company were making.
was constantly adding to, instead of diminish
ing the value Of the mine. The Almaden Co.
have worked the mine from the beginning, as
though they bad legal title, having expended
some 100000 before dollar was realized.
Men Of capital are not likely to expond such
large sums in developing mine when their IT,
tie to it is forged or even doubtful.
We have no knowledge as to the validity of
the title to two leagues of land claimed by the
Almaden Co., but they have an equitable title
to the mine, and we believe the Supreme Court
will declare 1t legal. The mine was discovered
in the fall of 1845, by Andres Castilero, who
denounced" it in proper form. and was placed
in possession by the Alcalde Of San Jose, in &C.
cordance with the laws Of Mexico. The Mexi-
can mining laws recognized separate proper
ty in land aud in mines located upon the land.
Whether the land belonged to the government
or to private individuals, Castllero as the dis
coverer, was under the Mexican law, entitled
to the mine. EARLY in the Spring of l846 Gas.
tillero proceeded to Mexico, and procured from
the government grant of two leagues of land
including the mine, and an order from Presi-
dent Parades to the Governor of California, di-
recting the latter to put Castillero in possess
sion. At that time the mine was believed to be
on public land, and 1t was not until the u. S.
authority was extended over this country, that
the owners Of ranches n the vicinity attempted
to extend their grants so as to include the mine.
Had Mexico still retained this country, there is
no doubt that the title of Castillero would have
been held valid, although it may not have been
perfected. But his title to the mine was per-
fected long before lhe declaration of war be-
tween the United States and Mexico. The facts
in regard to the discovery of the mine and the
possession given to Castillero, the disooverer,
were we'll known in California during the years
lS46 and AZ, aud at that time his title was not
questioned. The possession given to Castillsro
by the Alcalde Of San Jose, thirteen years ago.
has been held by him and his assignees up to
the present time. They believed their title to
be good, and 1t would have been SO recognized
under the Mexican law, and by every principle
justice and equity our government is bound
to hold sacred the rights of property acquired
under the laws which existed here previous to
the cession Of California to the United States.
That the closing up of this mine is detrimen-
tai to the best interests Of California, must be
evident to every practical miner. Before the
New Almaden mine was fairly opened, quick
silver was worth at San Francisco, from ninety
cents to dollar pound but for the past few
years Il has been selling at from sixtv.6va IN
seventy-dve cents. As soon as the injunction
was granted the price Of quicksilver was rapid
ly raised to near its old value, and there Is no
probability that the price of the article will
come dewn until the New Almadsn mine is re-
opened There are but few quicksilver mines
at present being worked, and the closing up of
one OF the most productive, will better enable
the owners of the others to combine together
for the purpose keeDinR nm tha nrico oF The