Idaho semi-weekly world. [volume] (Idaho City, Idaho Territory) 1875-1908, 1882-03-21


not REQUIRE the grantees to permit
other miners to dump their talllngs Oh
the land granted them, or to use IT IN
any manner. Even if the mining ana
water rights above the channels o.
these streams are held by United
States patents, these bills would place
the owners completely at the mercy OF
the grantees, for neither the bills nor
any law of the United States or OF the
Territory of Idaho, reserves the r'gn'
to miners to dump their tailings into
the proposed fume OF upon any part
of the ground granted by these bills
The acts OF the Territorial Leglsla-
ture of Idaho of January -, 1877, and
January I, 1881, even if they could DC
asserted against this proposed grant
by Congress, do not purport to give
any such right. In most cases the
dumpage of placer mining must be
shifting, and the fact that the miner
dumps in one place this season cannot
as against this proposed grant, give
him any right to the necessary dump
age in another place another season.
! In point of fact, these bills would
give the grantees an absolute control
Of all mining and water rights along
the creeks named, and that, too, with
out compelling them to build sufficient
of their hume to in any way assist IN
the development of the country.
The third section of these bills is in
!, conformity with the enormity of the
first. 1t grants the right to purchase
three sections of the best timbered land
in the Territory, at or near the mouth
of said hume-which, in miners par
3 lance, would be the upper end of the
: Aume-though in the bona tide actual
, possession of others, unless such 9th
, ers at the time of the passage OF the
] bill claim and hold under the laws OF
: Congress. Until the settler pays the
: Government price for the land, he holds
} and occupies it by mere license. He
is not required to apply for patent.
THAT is matter left to his own OPP
: ton or sense of selfinterest." But un-
, til he makes the application and pay
: ment to the Government, the license
n under which he holds may at any time
4 be revoked or withdrawn by Congress
" and the land be granted to any other
purpose. The grant proposed by
: these bins would be held to be revo.
: cation of the license by which any mi.
| ner or settler may hold any part of the
f ground embraced within the grant
s and he would be told that there cal
be no vested rights that would hole
e good against such action of Congress
: until he had actually paid the purchase
d money, and it had been accepted by
d the Government, for his claim.
h If a bedrock hume is expedient o.
d necessary for the development an(
: working of the mines along these
5 creeks, the great public interests in
volved should not be placed at the op
: ton of any man or set of men, howev
s err well-disposed or able to carry on
l. the enterprise. If the fume is desra
y BILE, the grant should require it to be
d built within some specified time-ccr
G tainly within the present century,
d a condition precedent to the vestn!
t of valuable rights given by these bills
: There should, also, be some provsi o
5. FORGETTING these rights if no bona 1id
e attempt is made to construct and CON
e plete the work within some reasona
u bic time, so that, in case of failure. tn
Al right to construct the flume may b
n left to others better able or more will
l. ing to meet the supposed necessit,
e And further, any man or company me