The Placer herald., 1865-12-02
Mineral Land Question.

We give in another place portion of an
article from the San Francisco Bulletin, on
the subject of railroad grants in the mineral
regions. The writer, it will be seen, thinks
it improbable that the government will per.
mauenty retain the ownelships of the i'm.
mense tracts of mineral lands in the Pacific
States and Territories and that it would be
bes: that the title should pass into the hands
of individuals. This is the view of the sub,
ect taken by every practical man acquaint,
ed with the mining interests. The title
must, sooner or later become vested in in,
| dIvlduals, and the sooner a commencement
Is made the better it will be for the mining
regions. An effort will be made this winter
for the passage of a law by the legislature,
regulating the working and holding of min
ing clalms-making ii uniform through the
State. We can see no objection to such a
aw; in fact we think it would be an i'm
provement upon the present conflicting rules
adopted in different parts of the State. In
quartz claims in particular, the method of
lacation, the amount that an individual or
company can hold, work required to keep up
the title, etc, should be uniform through
out The State, and it is far preferable tha, the
regulations should be made by an act OF the
legislature. Every location, we think should
be recorded in the office Of the County Re-
corder, and so described that the claim
could be found by reference to the records:
but time should be given the discoverers Of
Lodges to prospect them sufficiently to ascer.
tain whether or not they are worth record
ing. An improvement can certainly be
made upon the present crude and conflicting
customs OF locating and holding claims. No
act OF the legislature can give miners any ii
tie to their CLAIMS as against the General
Government; but if the regulations for hold
ING claims were made uniform throughout
the State, Congress in disposing OF the land.
would do 1t in such a manner as to confirm
the possessory titles. So far as our State
courts are concerned, an act of the legisia,
ture would be the rule for determining dis
putes, and if found to be acceptable, it would
be a guide to Congress in the future dsposi>
lion of the lands.
The Nevada Gazette says:
The San Francisco Bulletin, in referring to
the danger Of the Pacific Railroad Company
obtaining patents for arga tracts of mineral
lands, says the subject should be brought
before the pubic and thoroughly. discussed
with view to ascertainng some mode Of
constituting the law by which the rights Of
The railroad company can be secured with.
out detrlment to general interest and the
dictates Of sound public policy" We are
of the opinion that there is no time now for
discussing the matter at any length. The
company expect to have the ears running to
Dutch Flat early in December, You should
have said by April or May next. when the
Commissioners, of course, will report the
road completed that distance. The compa-
ny will thensapyIy for the land patents in
accordance with the law, and from all that
we can learn, the Land Commissioner at
Washington will be bound TO issue the pat,
ents for such lands on the route as have been
surveyed. The law, it is true, excludes the
mineral lands, but the Commissioner has no
official information as to what land is miner
al and what is agricultural. 1t was never
intended 10y Congress that the mineral lands
should be surveyed, but the Government sur.
veyors, probably because they bad a profit.
able job, proceeded to run it off into town.
ships and sections some distance above Ne
vada. The plats were returned 20 the Gen.
eraI Land Office, without any notes as to its
being mineral land, and would have been
thrown into the market for sale in 1858, but
tor the representations Of our Concressmen
At that time. II is possible the Land Com
missioner may have discretionary power to
refuse 10 issue the patents, but the railroad
company expect to get most of the odd sec
tons in this county and Placer, for their
agents have warned people to cease cutting
timber on land that is undenably mineral. =
They would hardly be at the trouble and ex
pense of doing this unless they expected to
acquire the land. We think that all the
land IN the upper portions Of Nevada and
Placer counties should be classed as mineral:
and II necessary an act Of congress should be
passed earl In the present session declaring
it such.