Weekly Calaveras chronicle., 1866-08-25
80 = =
The New Mining Law.

which we publish IN full in another column.
This Act win introduce new principle into
the tenure BY which mines or lodes or quartz
and other rock in place are held. Heretofore
all classes Of mines on the public lands have
been held by the local laws and customs of
the district in which they are located, under
which claims are considered abandoned and
subject to re location unless the owners do
certain things. and perform stated amounts
of work upon their property. Each mining
district has been governed by its own pecu-
liar laws, enacted by miners meeting held
perhaps years ago, and the record of the
proceedings of which may never have been
given to the public in print. but may be bur-
led up in the bunk of some miner who acts as
the District Recorder. While the mining
laws of many districts have been framed with
care for the especial purpose of protecting the
mines from monopoly, and encouraging their
development, in others their operation, if not
their purpose, is to discourage the protecting
and working the mines, by allowing the To-
Gators and owners of claims to hold them for
the market by scratching upon them once
in every so many days, with no 5pna tfde
Intention of ever working them at all. The
Mineral Bill makes no change in the law as to
placer diggings. but leaves them, as they now
are, subject to the local customs or rules of
miners in the several districts. SO far as the
same may not conflict with the laws of the
United States such claims are still liable to
be jumped whenever the rules of the district
are not complied with the by owners. But
in gold, silver, cinnabar and copper mining,
where the metal sought for lies in lodes, the
law is changed, and the miner will now have
an opportunity of securing a>permanent title
to his claim which will be as valid and inde-
feasible as patent from the United States
can make it. As will be seen by the
Bill. upon spending $1,000 upon mine, in
actual labor and Improvements, the owners
are entitled to apply for patent for their
claim. In sections embraced in the land dis
tricts already organized, the owner of mines
can at once proceed to perfect their title, and
the President is authorized to establish new
land districts throughout the mines, to give
facilities to all miners who wish to acquire til
tie to their claims to do so. There is an ine-
quality in the Act which we will now mention
but which perhaps could not easily be entirely
obvlated. The owner of single claim, of
two hundred feet or less of lode, must
spend as much in labor or improvements on
his mine. as the largest company - each
must spend one thousand dollars This is
calculated to encourage the organization of
large companies; but to prevent too great
monopoly in the mines by such companies,
the law limits the size of claims to be taken up
under its provisions to three thousand feet in
length, and provides that each patent shall
include but one lode, and that the same COM
pany or person shall locate and ratent but
one claim on lode. There is no attempt,
in the Act, to prevent individuals or compa-
nies evading this clause by purchasing the
claims of others; but it would be extremely
difficult to do so without tying up titles in
the mines in such manner as would mate
rally decrease their value. Miners, in early
days, attempted such course, but soon dis
covered its hardship, and changed it alto
gether. Under miners laws, as the Courts
have construed them whenever mining COM
pany have struck and taken lead for Civ
en- distance on its length. they can follow the
lead, for the length of their claim, wherever
it goes. although it may run in altogether a
different direction from that called for in
their notice. Claims taken up and patented,
under the Mineral Bill, with sufficient
quantity of ground on each side for their con-
venient working, will have to be describ-
ed with certainty, and as claimed, and will
have to be accurately measured off and mark
ed with metes and bounds, which will be re-
cited in the patent, and if the owners have
mistaken the course of their lead, they will
pay the penalty of their error by losing SO
much of the lead as falls outside of the limits
described in their patent. Hence, before ap-
plying for patent, miners should thorough
ly prospect and develop the course of their
lode, and be sure that they know where their
vein runs for the whole distance of the length
of their claim. Insecurity of title has, no
doubt. been great draw back to the devel-
opmcnt of the mining interests of the State.
While our Courts have recognized the local
laws of the mining districts, and have adju-
dicated the rights Of private parties in mines
Hereunder, yet capital has felt, a constant
dread of what the General Government might
ultimately do with its paramount title to the
mineral lands, and, in consequence, has been
cautious i'll its investments in mines Mem
bers of Congress, perfectly ignorant of the
conditions and wants of the mining interests
have made SO many attempts to tinker with
that title, that not only capital, but the
miners have been seriously frightened, and
all are glad to welcome measure which is
so fair and liberal in its provisions as the
present Act. The imperfections, if any there
be, in the Act, will be discovered by its
working, and can be corrected by subsequent
legislation the policy established by it is so
just to the miner, that it is to be hoped that
it will remain perpetual.
The Register of last week, speaking of the
motion for re-hearing in the county seat
case. which was made by Mr.. Cadwallader,
counsel for the Hill. says:
The great Cadwallaper was evidently very
sick when he penned the above. We have
sent for "Masinnis," who will attend to his
case and effect cure. About two table