Idaho semi-weekly world. [volume] (Idaho City, Idaho Territory) 1875-1908, 1882-02-07
er, and these are now being utilized for

This purpose
Bone Of us have lived here 18 to 20
years. on the banks of Moore creek. How
many saw logs, how many million feet of
lumber, how many thousand cords of
wood have we seen going down our ma
Jestic creek, coming all the way from its
sources! How often have the citizens of
Centerville and Pioneer seen the like on
the majestic Grimes? Now, who don't
know that it takes these streams combined
70 noat a single saw log, and that only
during spring freshet; and that all log
glng has been done below their junction,
and never can be successfully carried on
above; and that even the floating OF wood
is attended with great difficulty, SO great
that Cinnamon are the only ones, believe,
who have undertaken it, and yet the two
little streams that almost fail, from August
TO April each ysar along the mining Sec
lions of each are the only, outlets Of all
our timber!
IT Is said no one needs q franchise, that
the creeks are open under the laws of the
United States, and the Territory or I'd liz.
and OF our. local mining districts; that an
one can come in and construct fumes, &c
Grant 1t, what then9 The opportunity
mas been open tor many years. Has any
body availed himself of til Has any set Of
men located these grounds under local
law and represented theme Why not ?
because 1t requires concert of action The
whole must be under one control. The
man at the head, or in the middle of the
mineral section cannot begin and proceed
alone. A large outlay is to be made far
below-"dead work" as the miners say, be-
fore anything can be reached that is yalu
able. Were the whole creeks taken up in
2O-acre sections, there would have to be a
pooling of interests, or joint stock com.
pany would have to be formed in the end.
Why has not something Of this kind been
done? We all know that no man nor set of
men with the necessary capital would have
been safe in the undertaking granting its
practicability.
1t has been said that if this bill passes it
will do away with all existing private
rights along these creeks. No rights now
attaching to ground, water, dumps, etc. can
be impaired by even an act of Congress.
Has B acquired any right under existing
laws of the United States, Territory OF
Idaho, or local mining districts; these
laws may all be repealed and thus any
new rights may be prevented from accru.
ing, but no rights accrued under them
while existing can be impaired. This is
an established principle of law that no
lawyer would for moment question.
This bill proposes to give all public
lands within certain limits, mot now held
occupied and worked, in conformity to
the existing mining laws of the U. s., and
the Territory of Idaho" Why was not a
clause added about local mining laws I?
Because the "Laws of Idaho" covers it all.
Section 486 of civil code reads: "In &C
tons respecting mining claims, proof
must be admitted of the customs, usages
or regulations established and in force at
the bar or diggings embracing said claim /;
and such customs, usages or regulations,
wnen not in conflict with the laws of this
Territory, must govern the decision of the
action" All present rights are safe.
think, however, the rights of dump to
those wishing hereafter to acquire them
should be protected, and am glad to say
that have communications from those in
interest, assuring me that that matter has
been pointed out to those having this bill
in charge, and that it will be made accept
able in this respect.
The bill is objectionable in that the
"creek- bed" is too indefinite A commu-
nication from one of the grantees, assures
us that they meant only 800 feet ON each
side of the fume, and that that shall be
made definite.
1t is objected that the bill does not spec.
ify any time to begin the work of con-
struction; nor is there any condition of
forfeiture. This is an objection. The
agreement with the old corporators is def
mite, and we have the most positive assn.
RANGES that these provisions shall be incor
porated Thus amended and guarded, ]
see no reasonable objection to the bill
and it seems to me that all who are in ia