The Placer herald., 1868-11-21
Important Law Suit.

On Wednesday last one of the most i'm.
portaut law suits, so far as the magnitude Of
the interests at stake are concerned, that
has ever been tried in this county. came off
before the District Court here. The case is
Williams Claiming title under the Central
Pacific Railroad Company VS.. Barber, Carr
and others. The defendants have been 10
possession Of mining ground, and mining
ditch near Green ValIey,.in this county,
for some twelve or fourteen years, and this
The ditch and mining ground have been in
continued possession, aud constantly used
and worked by the defendants up to the
present time. Iu July, 1862, Congress pas
ssd law granting to the Pacific r +. Co.
every alternate section Of land designated
by odd numbers, for ten miles on each side
Of the railroad, "not sod, reserved, or other
wise disposed Of by the United States, and
to which pre.emption or homestead claim
may not have attached at The time the line
of said road is definitely fixed" Since the
grant, and while the defendants were mining
&c., the land was surveyed under the au-
thority Of the United. States and returned
as agricultural land; the time for fling pre-
emp,ion or homestead declaraory state
msnts, or affidavits showing the mineral
character Of the land (nuety days from the
fling Of the Townahip plat in the office ofhe
local Land Of1ice) having expired, and none
being filed, the United States, issued its pat
snt to the Railroad company for the land,
but excepting and reserriny, iu the body Of
the patent, all mineral lands. This patent
was issued July 10Th, 1866, and covered
vast body Of the most valuable mineral lands
in Placer county, This suit, however, is
only for small tract, which the Railroad
company sold TO Williams, the Plaintiff in
this case, but the principle involved covers
oil that the patent does. Williams, the
Railroad grantee, brought suit for the mining
lands and ditch Of defendants, and plead the
United States patent, and deed from the
Railroad company, as title, and right of pos,
session to the lands and property in dispute.
The defendants set up in defense the mineral
character Of the land, the right of the miner
to take possession, hold and work the mine
raj lands Of the United States under the Act
Of Congress, approved July 26tb, 1866, and
also the right Of way, use and occupation OF
the ditch under the last mentioned Act of
Congress; and further, that the reservation
upon the face OF the patent rendered it null
and void as to this mineral ground. In his
testimony. the plaintiff swore that be bought
the land on account Of its mineral character
be being satisfied that i, covered the chaunel
Of one Of the dead rivers of California, etc.,
while the defense proved the mineral char
acter of tho land, the occupation and work
ing of the same, the construction and owner
ship of the ditch, etc., upon the above facts.
The Jury returned verdict for defendants.
We have given repeated warnings to the
miners and settlers upon public lands, to
take the legal and proper steps to secure
their lands, improvements, and mining claims,
for years, and but little or no attention has
been paid to the matter, and now they fud
themselves in Court, face to face with pow
srful and wealthy company, who will not
abandon their supposed rights, except at The
end of the law. Every man who occupied
public lands, whether agricultural or miue-
raj. could, for S25 have secured all bis rights
within ninety days after the land was sur
vsysd, and the Township pla,s fled iu the
local Land Office For this Insignificant
outlay every one could have held, and main
tanned his occupancy, and de fac!o ownership
against all opposition, until United States
officers had fully and finally determined the
true character Of the land, and who was le
gally entitlsd to the absolute ownership of
the same. But now the equities Of the case
may be on one side, and the law on the
other, through the laches of one side or the
other. We are not bound to give. here a
legal opinion on the legal merits Of this case,
or on the hundreds of others that may grow
out Of it, though we have studied the sub
ject thoroughly, and may, to our own mind,
bs competent TO do SO.
Geo. B. Mcclellan has been employed to
take salary of ten thousand dollars, and
supsrintend the completion Of the famous
battery of the late E. A. Stevens at Hoboken.
Hs is also one of the engineers engaged in
constructing ~ bridge across the Hudson
at the Highlands.
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