Carson daily appeal. [volume] (Carson City, Nev.) 1873-1877, 1874-05-29
THE SUITS AGAINST SCT.sO.


is that OF the sheerest and tiimsie>t tech
nicality Within the wide range OF
equities he hasn't as much as the shadow
Of claim against those companies.
There is no possible or seriously pre-
tended necessity for his tunnel; there
fore. if he is enabled to maintain his
suit and perfect his purposes, he viii
have obtained. by process of pervei led
law, a tremendous revenue from those
mines, in satisfaction Of which the said
companies have not obtained and cannot
obtain, value received from him. The
emergency which the Sutro tunnel pro-
jec:ors proposed to meet. if it ever ex-
isted. has lapsed. There is no more
need of an adit o. drain tunnel 10 the
Comstock ledge POW, than there Is of snow
sheds FOX the Panama Railroad. Tie
only thing that Sutro is asking for, at
the hand of Congress. then, Is that he
may be empowered, by statute ex;raof-
binary, TO compel the Comstock mining
companies to pay Kim the most enorin-
oas of bounties. for an utterly useless
piece Of work when he. at his leisure.
may have finished it. Ii is as il Il para
site dweller within the jingle OF an IN
tidy mans hair should sue for an in
junction against the mans employment
Of fue-tooih comb-nnlv the louse
would have the better showing Of equi-
ties-nativity and squatier's law being
on his side.
But there is stronger and more force
full view than that of comparative state
,nent or analytical criticism, with which
TO look at this case. The business of
mining FOR the precious metals has. by
force of its own surrounding cireunl-
stances, created code of laws Of its
own The spirit which underlies these
peculiar laws is akin TO the right. i'll
Governments, OF eminent domain. The
constant assertion of these written and
unvritten statutes-the result of the
miners practical and almost infallible
statesmanship-is, that in the mining
District tine first interest TO be considered
is that of mining. Everything else but
mining is secondary to itself. Some
thing bearing very close relationship
20 this principle is the turning point OF
the recent decision by the Commissioner
Of the General Land Office at Washing
ton. in the celebrated Mineral non-min-
eral Land case recently brought before
the L. S. Land Office in this city. The
cist Of that decision was recognition
of the paramount Importance. in a min
ing region, of keeping, unclouded. the
character of the lands lying therein, as
an indivisible part of mining district.
Moreover, it must be recognized rs
principle Of law that the business OF
mining, SO far as it has reference TO the
production of gold and silver is ne
cessity TO the national sovereignty and,
therefore, is not to be harrassed by or
made subservient to any mere subordi-
nate enterprises or incidents having ref
erence to the successful prosecution Of
mining operations. The higher law Of
necessity comes to be invoked; tie ere
a;or mast needs be declared of greater
importance, and as having prior and
more vital rights than any creature OF
is own eonjUrins- The great interests
o the greatest silver mine III the world
demands this So large an iuteres;
must not be endangered by any such an
insidious attack upon lis inteSrirr- And T.
this toward which We have limited, wiil. +
we predict. be the substrltum ot reason .
ing upon which TIE final adj ,.liiiiy;.;iJn .
q the matter Will rest.