The union Democrat. [volume] (Sonora, Calif.) 1854-1946, 1871-11-18
The sriaing Lsnd Law.


The following correspondence recently APP
peared in the Bulletin, in which Miner"
sets forth objections to the present law, that
needs amending in several of its parts in jus
tice to the miners:
Experience and observation show that the
law passed at the last session of Congress pro-
viding for the sale of mining lands, urgently
requires several amendments to adapt it fully
to the purposes for which it was intended,
viz. to benefit the practical miner, by giving
him secure title to his ground. and if neces-
sary, enable him to hypothecate it for funds
necessary to the proper development of his
mine. 1t therefore behooves the people of
the mining portion of the State, more partic-
ularly, to see that their representatives in
Congress bestow due attention upon the sab
ject. Al the law now stands, no person who
has not expended the sum of one thousand
dollars upon his claim, can reap any advan-
tage from its provisions. This of itself, ex
cludes from its benefits ninety out of every
hundred of the actual practical placer miners
as very few of them have or are able to make
so large an expenditure on their claims. Ow-
ing TO this provision alone, verv few compar-
atively, have been able to avail themselves OF
the advantages of the law, which thus ope
rates exclusively for the benefit of large mine
owners and capitalists. The poor miner ~
not only left out in the cold, as to procuring
a title. but is excluded by his wealthy neigh
bors from the privilege of prospecting for
gold. in all the better portions of the min
ing regions.
Another grave objection to the bill is, that
the fees, charges, and expenses attending the
obtaining of title under that law are so very
great and left so liable to be increased BY
the officials to almost any extent, that poor
man can be and is excluded from its benefits,
even if the 81, 600 proyiso did not apply.
Again, the amount of land permitted to be
taken by one person is much too large. Eve
nv practical miner will at once perceive that
the man who possesses sufficient means to
comply with the law, snd obtain an absolute
title to 100 acres of land. with the right to
exclude others from ditching and fuming
across bis property, can in many cases rem
der large body Of adjoining valuable miner
al land utterly worthless and unavailable for
the use of other parties; so that the large
mine owner or capitalist will virtually have
possession of much larger tract than that
which he has purchased, and from which the
Government can never realize dollar-tbus
robbing both the poor miner and the Govern
ment.
Perhaps still more serious objection to
the law under consideration lies in the fact
that there is no restriction upon the sale or
transfer of claims under it, even before the
perfection Of title. In this respect it is much
better calculated to subserve the aims of spec
ulators than to protect the toiling miner; for
owing to the action Of any such restriction,
any number of claims may be gathered up by
any man or set cf men, through the instru-
mentality of employees; who may be hired to
make the first entry and then dispose Of their
rights" to the property. Already large
bodies of mining ground are held by single
owners and companies in Calaveras, Tuolum-
ne and Nevada, and worse than all, these
valuable deposits are falling into the hands
of nonresident aliens, whose money is sent
here for investment, to the utter exclusion of
American citizens. True, the Act itself pro-
vides that only citizens of the United States
shall take up claims under it, but this pro-
vision is utterly nullifei by the absence OF a
section preventing transfers Immediately to
other parties. In very few years our rich
gold fields will be found to have fallen as
they are now actually falliug) into the hands
of foreign capitalists to the exclusion of our
own toilihg MINER who will suddenly find
himself liable 20 prosecution for trespass. if
he but steps upon or washes painful of dirt
from the vast possessions Of some European
lording who never set foot in our State.