Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1865-08-05
FROM TIRE PACIFIC COAST.
Jurisprudence and Land Titles
Cnaracteristics of the Inhabitants
-Business Prospects, and Health
AUSTIN, NEvApA, July 4, Ieb9.


AUSTIN, NEVADA, July 4, le65.
EDIron SkSrIxEL: The Jurisprudence Of ihis
coast occasionally assumes phases chsrmirgly
noxal A anossesso5v Law" recognizes posses
sion Of United States lands IS evidence oil title,
though IL appear in proof that the fee resides IN
the General Government, and no homestead or
nre emotion IL claimed under act of Congress. |
Tha veil es.ab..shed Legal maxim thai the |
claimant must rest bis claim upon the strength |
of bis own and not upon the weakness of bis
adyetsary's title, Is ignored, 10 accom- nocate
what the courts are pleased TO style an existing
state of things" The inquiry is not who has
the actual right 70 possession. but sho has the
best az between the parties ltigant. There are.
in fact, three distinct species Of possessoEy title
recognized here, 10 unsurvsyed Government
land: Let, Under State law; %, The miners
Law: Sd, Actual possession and occupancy. The
claimant. under the statute Of the State, may De
eriven from that to the mining law, and thence
to the so called common law" right TO posses
sion, where he can only hold according 10 the
rule possessiO DsdlS.
The whole city CT Austin rests upon no better
title, according TO recent decision, than the last
mentioned law The moment a claimant TO city
property here seis on. Of possession, another
may get in, and hold agsiBs! al the world but
Uncls Sam, so long as be keeps in. The title
TO the whole city, and surrounding country. is in
the United States Claims to mining ground
rest upon a much more stable basis. and are gen
orally regarded as good. They sre paramount
to all other possessing claims, aDd are 80 es-
tsemed that millions are invested in them with
confidence in the General Government ultimately
confirming them, of which there 10 reason
able doubt.
The term real estate means, here, the
!" possessing interest" in U. S. lands, acquired
by the sanction OF squatter law. IL IL 80 taxed
and sold for delinquent taxes: 30 given up and
sold under e1ecuiion and so treated in the grave
deliberations of the courts OF justice. Large
cities with all the accompanying appliances of
wealth and industry, are built upon no frmer
foundation.
provides that special contract may be made,
securing payment in gold and silver coin. and
are sustained by the courts, who, with exceeding
fertility OF invention, hold the legal tender act OF
Congress constitutional. supporting their opinions
with sophisms more remarkable for badness than
ingenuity.
Statutes of limitation this psinfully
brief, as to time, and grant but short respite
before the creditor is forced TO sue. la this
State actions on parol contracts must be sued
upon within six months after maturity il made
without the State: within one year on foreign
judgment in California; and within FIVE years to
recover real sstute
The plan Tor the collection OF delinquen! taxes
is decidedly unique, and entities Its author to q
monument of mud The list is passed over TO
the District Attorney soon il is made out,
whea each delinquent is sued 10 an action az law,
upon a complaint. the form Of which Is prescri-
bed In the statute. in which he is charged with
having been assessed in a certain sum, With
becoming delinquent therefor and failure TO pay.
If there be real estate, il Is made party defen-
liant IA al xth nv hal vino nj
the summons posted on the premises. may be
defxuIed, and have rendered against il judg-
mont. though the personal defendant may be
discharged. On the trial. the defendant, If he
appears, can answer only that the taxes have
been paid, that he didn't own the property when
il assessed, that the assessment is fraudulent,
or that the property is exempt from taxation
No other defense is permitted. II judg ment is
rendered 10 favor of plaintiff, execution issues as
in other csscs. If the personal defendant can
not be found. personal" service may be had
against him by posting a copy Of the summons
at the Court House for twenty days when a
personal judgment can be taken against him
The costs OF the proceedings are enormous. The
District Attorney has fee of five dollars, and
ten per cent. on amount OF taxes in each case;
the Sheriff seventy FIVE cents per mile in going
to servo process. besides other fees for posting,
return, &c to which add the justices and cour.
costs. add the sum total often swells up into
hundreds Of dollars La a suit for S. taxes, in
| one instance, the costs were over S25O
| asked an attorney, who advocated the plan,
| Why one SO complicated and onerous ever
adopted ITO secure the conclusveness Of a
judgment" he replied why not" / meekly
suggested, Invoke legislation to make The tax
| duplicate su execution with equal conclusive
ness?"
| The mining regulations Of this coast consti
tute an anomalous feature of legislation nowhere
else to be met with in the history of modern ma
| tons. Whenever a new mining district is DIS
| covered the discoverer. aud such others choose
| TO act with him, ssss rbe in mass meeting, and
pass regulations establishing the district, its linn
its, how a claim can be located, what work shall
be done upon it, aud such other rules as TO them
seem ft. They elect a Recorder, who enters a
record Of all locations OF mines and water privi-
| leges. when requested. OF course, these bodies
are miscellaneous collections, and responsible to
no one; meet when they please: repeal or modify
| existing regulations at pleasure, and may be
composed OF halt dozen, or any other number.
of individuals. Yet their rules, SO adopted, are
as potential in the courts here acts OF Con
gross.
The leading men OF this coast are lawyers and
! land spectators who fstten off the land suits
which crowd the courts under titles so insecure
They are not, it is fair 10 presume, very anxious
for that congressional legislation which will fur
nish the corrective. Then, again. the excite
nent of law suits accoTds with the tastes Of a
very large class of peope here, with whom the
term "take the chances" possesses the me slhni
hcsnce in the legitimate pursuits of life il does al
a faro bank. To them the risks and prospects
of gain in lawsuit furnish an exhllarating
stmuant TO action. Ii they win they are rich
| il they lose they are broke" In truth, the
whole thing is the merest lottery: and there 10
more talent and industry employed in manufac
turing evidence than in hunting up the law OF a
case
To foster this spirit OF litigation, the wise
provisions OF the common law against maintain
ance. whereby speculative suits and contingent
lawyers fees are forbidden, are abrogated BY
positive statute. Law suits are as much the
subjects of bargain AMI sale in the face and with
full ledge OF adverse possession, az arc
genuine undispGted titles in the States.
The fact is everybody CANDLES here, in al
branches of business The people are active
much above the ordinary standard OF intelligence
restless nomsdic. aud hurried on with despe-
rate zeal in their pursuit OF wealth, when their
| bright dreams OF ease aud luxury in the States
may be realized When they farm, they do 20
| on a scale commemorate With largest ideas, and
must either maze pile or break So IN every
other branch OF business: il must be big thing
| or nothing In one scuse, there is no such I'd NJ
as retail business here, except among few plod
ding Dutchmen IL IL all Wholesale One tel.
low risks all on wheat, another on bee,s; and an.