The Nevada Democrat., 1859-11-23
MINING TITLES.

twenty-four pages, entitled, "Aining Tities
Are there any-what are thsyT The pam
phles is designed to show the effects Of the de-
cision Of the U. s. Circuit Court In the New AL.
MAIDEN mine case upon the mining interests Of
the State. The principles affirmed by this de-
cisiou, so far a. applicable to miners in this
State are, that the title to the mineral lands OF
California is vested In the general government;
that the government has not relinquished that
title, but can assert 1t any time; that mining
upon the public Hands is such waste Of the
property of the United States, as to constrain
the courts, upon the demand Of the government
to arrest the operation, and that the permission
Of the government to persons to mine is not
declared or defined, but is an inference from ts
silence. These conclusions are legitimately
drawn from the decision Of Judges McAllister
and Hoffman in the ease Of the New Almaden
mine, and the author takes the ground, and we
think very justly, that men will not invest cap
ital in permanent mining enterprises when they
are liable TO be dispossessed ct any time. Up
on this subject the author says:
The effect to the mining interests of California by the
bhment Of the precedent which this decision FORMS
TO place every mining possession In the State at the
feet Of Federal Ocer several thousand miles away,
namely the Attorney General or rather in point Of fact
of his myrmidons and iayorites Were that officer to-
morrow TO file bill in equity against YOU me- aleg-
ing that In possession OF mineral land the pro-
pety Of the United States and removing there
FROM and pray for injunction, the court would De
bound 70 grant one upon the dGerns SnnSunceS ammo nToSs
which, could not do, would put an end 10 all our
mining From such judgment Of the court there Is no
| aPpsal-ith IL final.
The decision, stripped Of the husk Of teebni-
cal pleading, amounts 10 this: "The United
States own the mineral lands OF California, and
may and ought to restrain mining, for mining
Is q waste" Should the Attorney General
think that quartz mine was valuable he can
at any time ask the courts to restrain those who
have developed II from working the mine, and
the courts would enjoin operations on the
ground that the miners are wasting govern
ment property. In the New Almaden case
there ia question on to whether the land be-
longs to the government or the claimants Of the
mine; but in the case Of quartz miner there
could be no such question, and the miner would
be at the mercy Of the government agents. 1t
is possible the government may never Interfere
with the working Of quartz mine, but the fact
that II has the right to interfere, and the courts
on application will sustain that right so far as
to restrain the extracting Of minerals, renders
mining property insecure, and must have the
effect TO prevent capitalists from investing their
means in mining enterprises.
The "California Mining System" which has
for years been growing upand becoming better
AaA aI nj noA fu tuall H.
culated to secure the development Of onr mir-
ing resources as any system which human inge-
nuisy could devise. Tho basis OF the California
code Is the Spanish system, to which time and
long experience have lent its sanction. Its dis
tinctivo feature Is, that q mine belongs TO its
disooverer, no matter where II is found, and il
abandoned by him may be denounced" and
acquired by Others But the California code Is
shaken BY the decision Of the court in the New
Almaden case, and miners are held TO be mere
tenents at will Of the general government.
The author takes the ground that the error
Of the decision Is fundamental; that IL rests mp
on an entire misapprehension Of the equitable
reasoning applicable TO the subject. While II
might have been equitable as applied to the
crown lands Of England or Russia, 1t is not
equity as applied to the mineral lands Of Cali
fornia.
Under the heading, "Is mining In California
waste I" the author says:
The why the extraction OF minerals from the
public domain of the United States IL not waste is that
the money which has to be dnburned TO obtain them Ia
valuable to the people than the that buried
In their mountains The gold the silver the copper and
aui fnr
at nearly its market valuein some at than
its market value. The eight hundred millions of gold
which have been taken from the mines Of California have
cost directly and indirectly nine hundred millions Of days
work. 900 men for ten years. which have been paid
Srra Tr snS 'nG money pu. IN @ are these hun
been perhaps as profitable any mne With capital
investment Of s7oo 900 to commence WITH and yearly
Of about $500 TO s400 600 In wages and
expenses II has obtained about 5000 900 worth of quick
silver per annum since 1862 II has purchased its quick
.ilver obtained so far by dsbursng in the State some
o. 900. Have the which II has taken from less
than ave of landthe twenty mlonth part Of the
stateand for which this sum has been disbursed been
year been an rretrevabe waste to the public Of $780,
900 TO $4oo which would have been distributed in tho
extraction and reduction Of its metalsf
The author thinks that the mining communi-
~ should take some steps to have the law Of
the decision in the New Almaden case altered,
and apon this subject says:
W mas oeen QuehuOneN Auu our natural
proteetorsthe judges in equity-who are amongst us
and are supposed to know wants and Wishes have
yielded the right We mine now upon sueranes-during
the forbearanee Of federal ocer stationed at the other
side Of the continent who stranger us and our ma
tonal industry Whenever any fus discover mine Of
sufficient wealth to attract tho cupidy Of that sehemng
class which infest Washington pleas win not be wanting
to justify similar suit II not the United States that
will seek 70 despoil US In this case Of Almaden, the
power OF the Government 10 wieuvu people
hut s knot of private spectators the United States
succeed In obtaining the mine Of Almaden and its vast
works. not dollar Of its value will 20 to the people
The Attorney General has been ready to yield It to pr
vate spectators who claim Il dor an adjoining grant
who. In Anto pation OF owning IT, have mortgaged Il TO
bonds to the value Of million Of dollars which
bonds are being di stributed at the East.
Now s the time for to decide whether II we end and
open miue, We may or may not OWN itor whether we
shall waste lives In perous and hazardous searches
and explorations to be elected by Official favorite in the
event OF extra Shall the miners this state act
the part OF jacka to the federal lions cubs and scour
our serras over summit and gulch to Hnd rich mines
which they may pounce upon-preexts will not be lack.
ng,-whenever the discovery is worth their notice
We should ask of our judges who have thus
upon our rights In this unfortunate decision reconsider
their opinion, far To tho