The Placer herald., 1868-11-28
Williams vs.. Barber, ct al.

case, which was tried and determined IN
favor of the defendants, during the present
term Of our District Court. An appeal to
tho Supreme Court will be prosecuted by the
plaintiff, if the motion for new trial now
pending is refused.
No case has ever been tried in the Courts
Of this State, involving more Of interest to
the mining population of the State than this
one does.
The Central Pacific Railroad Company, OF
California, has patented 10 it vast bodies OF
the alternate sections Of surveyed land, with
IN twenty miles on each side of its Railroad
running through the great mineral belt OF
tho State, and embracing large portions of
Ell Dorado, Placer and Nevada counties. In
this case the lands in controversy, situated
at Green Valley, in this county, one OF the
Oldest mining camps in the county are
proven TO be rich in minerals, and are held not
only for mining purposes, but have across
them water bitches for conveying water for
mining purposes. Williams, the plaintiff,
olaus the land by virtue Of deed from the
Railroad Company. The Railroad claim by
patent from the General Government. On
the trial they exhibited a patent for alter
nate sections of land in this particular mine
rel locality, covering some forty odd thou
sand acres, and doubtless have patents for
vast tracts more, which will come to light if
tbi. case is settled in their favor, which pat
snt upon its face excepls mineral lands
from it, operation. The Railroad Company
now claim that the patent in effect and oP
Grafton is a conveyance absolute OF oil OF
said alternate sections, whether mineral or
not. If this be so, then the miners on these
lands hold their mining claims at The will
the Railroad Company, and are lisbleto loose
them whenever the Railroad Company
chooses TO turn them eff. The defendants
claim that the patents do not effect mining
grounds, and this is the question now 10 be
settled in this the first case which has arisen
and is probably intended for test case.
We understand that lbs defendants in this
case are men of limited means, and are una
bls of themselves to cope With the powerful
influence Of the Central Pacific Railroad
Company, whose interest it is to fight this
ca,e TO a successful termination in favor OF
the plaintiff.
It is the interest Of the entire mining
community to secure termination IN 'avor
Of the defendants, and their theory o' tue
law OF the case; and all miners ought 70
taxa an interest 10 the matter, and steps
should be taken by the miners of every mi
ming camp within the territory effected by
these grants, and in the counties named &c
rendsr the defendants material aid IN tnnds
necessary to enable them to procure the
ablsst and best counsel obtainable to repre-
sent them in the Supreme Court; and to
settle at once, and forever, whether the Rail
road owns the land, and the minerals therein
% veil as the timber along its route. Thu
being the first case which has arisen, touch
ing this question, makes it highly necessar,
that ,h. whole question be carefully sxam'n
ed by learned and able counsel, and fully ane
sbly presented to the highest judicial tribu
nal of the State. And every possible etfor
should be made BY miners to have tb
"A in hair Tav
We understand that the matter will b
brought to the notice Of the mining commu
ni,v by the defendants in this case, ant
certainly they ought to receive the unan'
nous aid and support Of all those yho des'r
to see the mines kept as they have Away
been heretofore, open to the entry, possession
and enjoyment of those who have spen
years of toll, and thousands OF dollars II
their development; and certainly to dsteo
themselves against the probability OF falling
into the power of wealthy corporation
whose desire for wealth and gain knows n
hounds but the stern letter Of tho law-fo
If the plaintiff in this case, backed by To
Railroad Company, shall succeed aga'ns
the defendants, then the Railroad Compan
is a. once placed in position which wi
enable it to dictate terms to every mine
located on any of these lands. And as
what sort Of terms it would present, or VIVA
il would do under such circumstances, W
have only to look at the history OF it in To
past. and to that of all other great corpora
tions and 'monopilieS
Du, EsrArr q AzrrTE Wa have recei