Daily national Democrat., 1859-11-17
Biddle Boggs vs.. The Merced Mining Co.

of acres lying useless and paying huge taxes.
Biddle Boggs VS.. The Merced Mining Co.
This important case has just been decided
by the Supreme Court in favor of the plain
tiff Boggs. Fremont leased after the con-
frmation of his grant. certain tract of the
mining region contained in his grant. to
Boggs for period of seven years The Mer
ced Mining Company took possession of a
portion o. this tract, and the suit just deci-
ded was brought for the purpose of recover
ing the premises from their hands
The principal point determined in this
case, so far as miners are concerned, is the
question as to the right Of a miner to enter
upon land belonging to another party for the
purpose of extracting gold therefrom. 1t has
been contended, and was so contended hy
the Merced Mining Company, that the min
erals in the soil belong to the Government
whether the land does or not that the Gov
ernment throws the mines open to the first
possessor, and consequently that his right to
work them cannot be questioned The Court.
in meeting this very grave and important
question, does not pretend to decide as to
which of the two Governments the minerals
belong to, the Federal or the State Govern
ment 1t leaves the matter undecided. deem.
ing it immaterial to the argument whether
they belong to one or the other 1t assumes.
however, for the sake of proceeding with the
argument that the title is in the General
Government 1t then meets the question
whether, the title to the mineral being in the
General Government, the miner has right
under his general negative license to enter
upon the land of grant holder and extract
the gold. The Court declares quite emphati
caly that the so called license, under which
/ miners work the mineral soil OF the Govern
ment, is nothing more than mere forbear-
ance Of the Government from exercising its
power offorbidding them to work. and gives
them no such right as will stand against
rights already established by positive net or
recognition Of the Government But, even
if the General Government did choose to H.
cense miners, it could not authorize them to
enter upon private property in order to ex.
tract the gold because the right of eminent
domain belongs to the State of California.
and the Government in the case of minerals
in the land of an individual owner, occupies
a position similar to that of n mere private
proprietor and can only exercise her right to
The mineral in subordination to the rules and
regulations Of the local sovereign, to wit
the State. This local sovereign, the Court
says, must first by specific legislation estab-
Iish the rules and regulations under which
private property, such as a Grant, can he
entered for the extraction Of mineral, before
the privilege can be exercised, and this spe
ciiic legislation has not yet been had.
The decision is then that. until a mode OF
entering grant or any other kind of land
belonging to private owner for the purpose
of talking out gold is prescribed 10y the State
Legisloture the miner must keep off tn.
= ground. This being the cnse, the sooner thi
: kind Of legislation is had the better.
WAsuoE Silver OaE-The almost fabu-
lous accounts Of the richness Of the ore re
/ ceived here 10y the Agents, Messrs. D. Da.
wilson and r. l.. Ogden, from the Central
and ophir Mining Companies. otherwise
known as Bryant d Reynolds. and the Walsh
nine, has been fully suhstantiatcd. confirm
ing the first assays and is now turning ont
/ 10y actual demonstration, on a large scale
an average of $4,000 per ton, none runnina
less han S30uO best over $4,000 There
Is no question that it will average 81 600 per
ton on the entire lot of fifty tons now in
the hands of the agents Contracts were
made yesterday for smelling the ore with
two different parties, who are fully prepared
to carry them out, and within two weeks
Washor silver will be in eyerJodys pockets.
alta, Tuesday,
RoBRrRr AyD FIRr-A dispatch dated
Santa Clara, November l4th. says:
F. Gardner. of this place, had his house en-
tered, and a small till, containing nineteen
hundred dollars in coin, was robbed yester-
day' while himself and family were absent
he has got out papers for the arrest of his
", TT,pothcr' whom he suspects has the money.
They are Jews
, ~ he house of Mr.. Tibbetts, near McCartvs
sn5'; was burned yesterday, while himself
"nu i"ihiIy were absent at church
-
e BENEFIT was to have been given yester.
day at Maguire's opera hoase, San Francisco
in aid of the funds of the Masonic Board y,
Relief of that city. The Alta says:
1t is not often that this ancient and horov
oent fraternity make any such public call
upon its members aud we'll wisher. for o,s;s
tance. but the extraordinary expenditures OF
the Board during the past year in aiding the
sick, destitute and homeless have greatly ex-
ceeded the regular contributions ofthe Lodg
es for tie purposes of its organization.
TAX on CONSIGNED GooDs.-In the Fourth
District Court, Judge lIager has rendered
decision declaring that the collection OF
taxes on consigned goods is unconstitutional.
The Call says;
The decision was in the case of Crosby &
Dibble VS. Patch. The taxes were maid I'M
der protest and suit was brought to recover
the amount. The ground taken bv the judge
was that the collection interferes with com
meree. The amount together, with interest