Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1863-10-12
FROM THE BOTTOM UP.


partiality, has shown that there are none
but side and end limits to u mining claim.
\ mining company may 60 down to
China and up to-the sky, taking all the
surface between the mine and the clouds
to the width of the located claim. The
miners require the surface to the fullest
extent of the mines, intimates the Judge,
for mining purposes; and all persons
must be dcbarred from occupying or
building upon any surface ground which
has been Staked off as mining ground,
though the mine be hundreds, or thous-
mds, of feet beneath and approachablc
by tunnels and shafts which do not require
extensive surface room. 1t is very Smgu-
lar that this great surface Judge did not
place the whole of the surface of the
ground where the city of Virginia is
built, within and about, and appertaining
to, the Comstock ledge. 1t is quite re-
markable that so comprehensive and dis
eliminating jurist should have given
any countenance at all to the fact, that the
mineral lands are not and cannot really
be the clear property of individuals, but
that they are the property of the people
at large and held by the general govern
ment without preference toward occu-
pants. 1t is remarkable, moreover, that,
bv virtue of the immeaSurably superior
right Of 4 mining company over house
holding settlers, to the public domain, the
wise and generous North did not express
" declare, that all the surface property OF
Virginia is subject to removal by the
mining companies under the city; that
any of such companies may dig shaft at
the entrance Of any mans house or bury
anv mans house with "dump pile" or
indeed sweep the surface and dcliber-
atclv effect the ruin of every settler.
This decision was evidently anticipated !;
for, when the great conhagration of last
month took place, we are told that men
exultingly remarked that now certain
mining companies whose claims are under
the burnt district, would easily establish
their right to the surface and strike other
mines in the sale of city lots Here is a
most alarming indication of unparalleled
diabolical incendiarism preSaging the de-
struction of the homes and property OF
one class to satisfy the rapacity OF another
class who have the sanction of illegal
authority"
The rules which govern occupation of
mining districts arc determined the best
i'll equity. Statutory provisions cannot
we'll conform to the local circumstances,
and precedent cannot serve i'll mining
cases 50 appropriately as in cases Of a
different character. The main dependence
is upon the Justice and unbiased delbcra-
ton of Judges. No Judge is warranted i'll
going to the extent of deciding, that an
unused mining location implies right
clearly superior to town lot or house
location, and the sense Of justice Is toe
high among the most of the miners for
them to insist, that their needs tor mining
purposes where the mines are far beneath
the surface, extend over the entire surface
to the exclusion of all Improvements eX-
cept such as may be permitted by mining
companies. The decision of Judge North
has opened the way to vexatious litigation
in relation to nearly all the real estate OF
Virginia and other places where men have
enclosed, built, bought and sold III good
faith; for, following custom i'll Calltor-
MIA, many Of the mining claims in the
early and lac times of the Territory, were
staked out and claimed from the surface
down. In order to hold from the surface
down, the claim must be staked out and
so claimed, according to California prece-
dent and Judge North. Then, Of course,
the old claims which were stakCd out and
the surface claimed before the city of Vir-
ginia began to grow largely, now reach
clear to and above the surface as high as
space, and may be reclaimed of the present
occupants. However much this may be
sustained by California precedent, there
are other precedents in equity which de-
clare against the injustice of entering
upon and despoiling surface improve
ments, and establishing such an inequality
of right to the public domain of the min-
eral districts as will place one class OF
possessors subject to another, and thus
impede developments as well calculated
as the mines to benefit the country. Mi
ming companies require and are entitled
to surface conveniences, and every oppor-
turnity should be given them by custom,
legislation and adjudication, to develop
their mines and gain wealth; and while
they are enabled to obtain justice one
from the other, every other class of per-
sons should be secured against all grasp
ing, illegitimate and unscrupulous mining
combinations. We must have harmoni-
zation of interests; wealth must seek in
crease through just respect for the rights
of every man, rather than by oppressive
arrogance toward any man; Judges IL
Justice must look to the right and keep tc
the right, and then all the profitable ad-
vantage of mines and commerce, and re-
spectacle community, will rapidly come
forth to fill the desires of us all.