Mariposa Democrat., 1858-02-25
AN INJUSTICE.

hN iNJtsllCEs
We have before us the report Of the major
ity Of the committee on Corporations of the
Senate, on Senate Bill No. g. being an amend.
ment to can Act to provide for the formation
of Corporations for certain purposes" etc, of.
fered by Hon. S. A. Merritt. The report says
that the amendments proposed in this bill
to the general corporation laws of the State,
will confer upon persons acting in a corporate
body, powers superior and exclusive to any
that the citizen can exercise, being no less than
the power to take private property from the
legitimate owner and possessor for private pur-
poses. And believe the bill is, in that respect,
in conflict with that constitutional right which
obtains in all liberal and just governments, and
which forbids under any circumstances pri-
vate property to be taken for other than pub.
lie uses. And therefore recommend the ndefi-
mite postponement of the bill" This report
was signed by three of the committee.
These are the only reasons given for the up-
favorable report, and we deem it only neces.
sary to give the provisions of the amendment
as offered, to show the utter inconsistency, if
not falsity of the argument against the bill.
The bill provides that any corporation formed
under the provisions of the general corpora
tion laws of the State, for the purpose of build
ing and constructing canals or water bitches,
to convey water upon any of the mining lands
in this State, may enter upon any real estate,
and use the same, when belonging to others,
and failing an adjustment between the owner
and such corporation, after having paid the
required compensation for the privilege-such
compensation to be regulated by commission
ers to be appointed by the County Judge.
Such is the bill which the sapient majority
think conflicts with the rights of the citizen.
They did not think, or if they did, they chose
to conceal it, that by rejecting the bill, they
gave individuals control over the interests of
the public in many parts of the mines. They
must have seen that by their report in which
they seem to wish to protect individual rights
they sacrifice public interest in far greater
degree. No man should desire, and if desired,
should not be allowed, more than fair com
pensation for that which may be necessary to
the welfare of whole community. The
ground over which ditch for mining purpo.
ses may run, cannot be materially injured by
it but on the contrary, in many cases is much
benefited And although mining bitches are
conducted by corporations and individuals,
still, no one will deny that they are vast ben
eft, and, in fact, necessity, to the mining
communication which we argue that here,
as well as elsewhere, water bitches are pub
lie benefit and their construction should not
be retarded by the rejection of the bill.
One Of the most, probably the most, striking
example of the injustice done to the mining
community by the signers of the report, exists
in Mariposa county The Horntos mining
district is nearly the central point of an i'm
mense mining region, abounding in auriferous
deposits and mineral wealth, whose rich re-
ward to the toiling miner, when water will be
brought to it, has now concentrated upon it
the regards of almost the entire State. 1t is alb
solutely necessary for the continued well.being
Of this community that ditch for mining
purposes be constructed from the Merced riv-
er to this place; and to obtain sufficient alt
tude at the point where the ditch will COM
mence, at the river-accordiug to the line on
the map before us-a corner of the Fremont
grant will have to be crossed, thereby occu-
pying strip of said land about three yards in
width and little more than two miles in
length, and suited for no ordinary use, being
rocky, billy, and nearly barren. Now, we
ask, in the name of common justice, is it right
that, for the want of such moiety of useless
land, or from caprice, stubbornness, or fearing
that the ditch will interfere with his own pri-
vate projects, or for any cause, that one man,
or few individuals, should stand between a
community and its welfare, to say nothing of
its rights This may be the case, with Col
Fremont and this community, and it may not
Before his departure, last Fall, he promised a
right of way across his grant for the ditch we
speak of, and should he fulfill his promise, the
rejection Of the bill will be but little injury to
the people here, but should he ignore his pro-
mise, as he has that Of his agents, heretofore,
it will prove the greatest injury to which we
could be subjected by our legislators.
Mr.. Merritt, who presented the bill, submit
ted minority report, carefully prepared, and
showing concusively the necessity for the pas
sage of the law. He enumerates the amount
of capital invested in bitches in this State,
which amounts, in the aggregate, to nearly
twelve millions of dollars. The canals for min.
ing purposes, now dug, or in process of com.
pletion, are shown to extend four thousand
four hundred miles in length. Our Senator
has done his duty, at all events, and has done
il well; for which he deserves the praise of his
constituents