The Nevada journal., 1858-02-26
Gbe Ntbaoa sournal.
FRIDAY MORNING, FEBRUARY 2eth.
T,x,xG MINING CLAIMs-An es-

TAXING MINING CLAIMs.-An es
teemed friend of ours at Patterson ex
presses surprise at our endorsement o
the suggestions of Judge Williams mad,
at county meeting not long since, rel
ative to taxing mining claims. Thos'
suggestions were simply that tax b.
levied of, say, SO upon each mining
claim, by the payment of which tax the
owner of the claim should be deemed al
having title for one year and be ex
empt from working one day out of every
ten, a regulation imposed upon miners
in some districts. Our Patterson friend
informs us of what we were not before
advised, that in some districts this regu-
lation is unknown, claim on which a
certain sum has been expended, not be.
ing liable to forfeiture, in such districts
when not in workable condition and
when said claim is duly registered or re-
corded. We suppose this regulation
obtains at Patterson and vicinity.
Tie making of laws to govern the
working of mines, whether by the Leg
islature or the miners themselves pre-
sents some unpleasant difficulties. Left
to the miners in their local communities
II is easy to see that the power to make
laws protecting themselves in their
rights is liable to abuse. The right to
hold a claim of certain size by work
ing on it one day in ten in one district is
extended in another giving to a very
few all the ground of any value by the
expenditure of, say, 5000. And if $500
why not $50, or even S5; it is but an
extension of privileges which, if the mi
ner is to have absolute power to make
regulations to hold and work his claims,
ne has doubtless, right to avail himself
of If claim of one hundred feet can
be secured to an individual for ten days,
why not an acre or a mile for six months
or even a much larger time The pin
eiple carried out to its fullest extent is
productive of the most unbearable mo-
nopolies. 1t operates unequafly upon
different portions of The mining region
according to the sense of justice or ava
rice of local communities, whereas all
laws should, as near as practicable, be
uniform in their application. Some Of
the same or similar difficulties arise
when we imagine the State legislating
for the mines.
There is one point to which we would
direct the attention of our friend. The
Constitution of the State saws decidedly
"The legislative power of this State
shall be vested in a Senate and Assem-
bly, which shall he designated the Leg
islature of the State Of California" We
will suppose case involving the validi
ty of mining laws be taken to the Su
preme Court Is it not extremely prob
able the decision W Ould be that no Cour
is bound to take cognizanee of any law.
but those passed by the Legislature, the
only law making power under the Con
stitution ? Suppose ease decided il
this manner, what would become of 10
cal regulations, and how would mine
hold his claims but under the common
law or by force? And if by the com
mon law, what common law but the
English which is not applicable to thi
country but to a limited extent. Th,
question then arises for the considera
ton of miners, is it not better and safe
to allow the Legislature, the only pow
er to claim legitimate authority over tn,
subject, to establish some reliable Law
on which the miner can rely in case o
necessity than to wake up some fin,
morning and find himself at the mere,
of Court and exposed to the uncer
tainties of law, or rather no law at all
We are aware that some dangers ar
run by allowing the Legislature to tam
per with mining rights, but the quer,
may be safely put whether a few uni
form and simple laws, general in thei
application, might not be beneficial t
mining interests. If as miners we ar
incurring a risk at the hands of the Su
preme Court, as some gentlemen verse
in legal lore say we are, can we not BET
ter ourselves in adopting and carryin
out the suggestions of Judge William:
or some other feasible project?
I'VE are interested in mining ourselve
and can have pecuniarily no other tha
the mining interest at heart. 1t occur
70 us however, that there should b
some power higher than that hithert
exercised by few individuals in mir
ing camp. Some power to check lCca