The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-05-08
WASHINGTON.
A Decision on Taxing Mines
in Nevada.
CALLING IN $50 BONDS.
Louisiana Politicians at the
White House.
ARMY AND NAVY AGENCIES.
uiSiana Politicians
White House.
ARMY AND NAVY AGENCIES.
FROM OUR REGULAR CORRESPONDENT.

wAsHISGTos, Lay :. 1877.
AN IMPORTANT DECISION IN THE SUPREME
COURT AFFECTING MINING PROPERTY IN
NEVADA.
Tho Supreme Court before its final adjournment for
tho Term, to-day handed down important
decision affecting vast speculative interests ut
the Now York and San Francisco mining
stock exchanges. Tho case is entitled Forces
va Gracey and others. the others includng the
Consolidated Virginia Bonanza Gold Mining Com
pany oil Nevada II came up appeal from the
Circuit Court OF Nevada, where action brought to
enjoin the collection OF Storey county, tho
same being imposed by the law OF that State upon
property OF the Consolidated Virginia Mining Com
pany. tho appellant In the case, Gracey, being
stockholder and subject OF Great Britain Tho pay.
ment Of tho tax resisted the ground that tho
tito to the land from which the taken IN the
United States and Is not, for that reason, liza
bio TO State taxation. II will thus be seen
that the suit Is OF vital interest to
all the mining operations tho United Statcs and
pecally IN Nevada, It Affects the main source Of
revenue of that State. The opinion of the Court
delivered BY Dir. Justice Miller. and substantially
to tho effect that, while Congress permitted individuals
to take the ores IRON the land and recog-
nizcd the possessory proprietary rights OF
sho A"'hSio - oSsauisueu dIHouS tucmbciVes. uuu
not parted with the title the land except where 1t
was sold in accordance with law. II the tax Of the
State OF Nevada were lowed this property be-
longing TO tho United States 1t would BIO void; II 1t
were lowed on property OF the miner might be col
lected without affecting embarrassing the title
Of the United States, AMI there ground for
reference with the processes Of the state in the COL
lection oil the tax After making few extracts from
the State law Of Nevada to show what 1t is that Is
taxcd-namcly, the ores, tailings and mineral
bearing material-after dcduct,ng the actual
cost Of extracting the ores and other
penses, the opinion proceeded to say that
the ore thus detached became personal property, the
ownership OF which in the whose labor. capt.
tai and skin had discovered and developed the mine
and extracted the II then free from any lien
claim or title OF the United States ana was rghtuly
subject to taxation by the State ike any other kind
OF personal property. The United States had not
any interest in tho the sale Of the property
taxed such possessory claims tho subject OF bar
gain and sale and constituted very largely the wealth
Of tho Pacific coast States They property the
fullest of the word and the ownership transfer
and use were governed by law and recognized by the
States These claims might be Sold transferred, mort
gagged and inherited without infringing on the title
OF the United States They might also DO made SUBJ
ject to lien for taxes, and the CLAIM, such rs It was,
recognized by the statute be sold to enforce tho len
There was nothing IN principle or in any interest
which the United States had In the land to prevent It.
The opinion OF the Circuit Court dismissing tho bill
was affirmed. Mr.. Justice Field, beng disqualified
. shareholder in one Of the Nevada mines, took
part in the decision OF tho case The victory is
important one to tho State of Nevada, whose Golfers
will now overflow with tho delinquent money due
from the mines. said to amount 10 several millions Of
dollars enough Is believed to exempt tho land of the
State from taxation and its government Tor many
years
Tho adjournment OF tho United States Supreme
Court to-day Is TO the second Monday in October.
tho time fixed by law During the term the Court
disposed OF $50 Four left undecided