Idaho semi-weekly world. [volume] (Idaho City, Idaho Territory) 1875-1908, 1882-03-21
UE IN n u TII ZEN ATE IN OPPOSl-
TON TO THE BEDROCK FLUME
BILL.

of REPRESENTATIVES Or the Cnlteu otttteS
of america in Congress assembled:
l desire most respectfully to call
your attention TO the provisions OF
Senate Bill No. 448, now pending be-
fore the Committee on Mines and Min
ing; and to FL r. Bill No. 1918, now
before the House Committee on Pub
lie Lands, granting to John A. Post,
r. w. Berry, D. P. B. Pride, James Il.
Hawley, John NJ. Ballon, the right OF
way and other privileges, to aid in the
construction of a Bedrock Flume in
Moore's creek and Grimes creek, iii
Boise county. Idaho Territory
These two bills are identically the
same, and it is only necessary to refer
to their contents as the same.
These bills make an absolute grant
IN present. of the exclusive right to
work the beds or channels and one
hundred yards on each side of such
beds or channels for the entire length
OF said creeks, except such land as
may, at the date OF their passage, be
held, occupied and worked in conform
ity to the existing mining laws of the
United States and the Territory of
Idaho.
No restrictions whatever are pro-
vided for against the acts OF the gran
tees; no rights are to accrue to the
benefit of the Government; no consid
Grafton for the rights granted; no time
is designated when the work shall be
commenced; no diligence is enjoined
for its prosecution, and no period pre-
scribed for its completion. The ut
most that could be required to make
the rights granted absolute vested
rights, placing them beyond the con
troll Of the legislative or judicial de
partments, and prevent forfeiture
would be the expenditure of trifling
sum, "at any point below the junction
OF said creeks, and above the junction
of Moore's creek, with Boise river,
even if that is required.
These bills make no provision for
the protection of private rights of Mi
ners who may have claims on sale
streams held under the provisions O
the local mining laws. The grantee.
are given the right of way "to the heat
Of each of said creeks, and to include
the right to work and excavate the un
occupied public lands of the United
States in the beds or channels Of saic
creeks, aud one hundred yards on eacl
side thereof, not now held, occupied
and worked in conformity to the exist
ing mining laws of the United State
and the Territory of Idaho"
The mining acts Of Congress recog
nize rights acquired undor local rule
and regulations known as district min
ing laws, while these bills speak onl,
OF the claws of the United States an,
the Territory OF. ldaho.s The chang,
in phraseology is very significant, an,
might, under the familiar rule of stat
utory construction, be held to super
cede the present existing mining laws
Much of the ground along thes
creeks is held under old locations mad
prior to July 8, 1870, The records q
these locations, aud even of the loca
rules and regulations under whie
they were made, are, in many instan
ces, lost or destroyed; but they ar
recognized and admitted by oral proc
IN the community and by the courts
Yet these bills entirely ignore an
such right.
Miners along these streams came
work their claims without dumpin
their taillngs Upon the land propose
TO be given away by the grant; nc
can the timber from the mountains b