The Central Nevadan. [volume] (Battle Mountain, Nev.) 1885-1907, 1890-10-30

mere possess ary title, not even recog-
nized by law, maintain an action for
ejectmentl 1t was "A momentous qnes-
ton. Upon It's decision then de-
pended the very life of tho industry
For the trespasssr appeared two emi-
nent Demeeratic lanyers-Judge Jere
Black, fresh from ms exalted position
Of Attorney General in the Cabine. Of
James Buchanan, and Chas O'Connor,
The most eminsnt Democratic lawyer
If his time. They brought to the
court an unhroken line of precelents
from the time when law ran not to the
contrary, down through the old
Roman Law. through tho English con
mon law, through the decisions OF all
the courts of Chrixtendam, proving
hat a man himself without title
could not bring u successful action IN
trespass, and the case lonkel dark in
deed for the miner. But there was
ais, IN Washington a Republican laa
yer: man who then, AS now, houors
his State by being one of its represeu-
tatives in the upper hall of Congress
that bread gauged statesman, that able
Senator upon whose shoulders the
great interests Of the West have So
"flsn seemed to lean and havs never
yet leaned in van-the Hon. Wm. NJ.
Stewart of Nevada.
"Mr. Stewart boldly met the issue.
He admitted all these precedents aud
decisions, but said here WAS "a condi
tion Of ~falrs IT, which th, old common
law did not apply. Here. men had
gone to new land. built up enormous
interests aud wrsnsht out their owl
destiny They had made new
cummon law themselves, and tn,
fuundaii IN of their whole struetur,
va, that the possessory right to ;
mining claim was a good and suficI
cut liils; and thai Supreme Court. tn,
;irs. Republican Suprsme Court whlci
syer sat in hrs land, held that posi-
tiun we'd taken, the doctrine snund
aud our industry MAS saved. Ii ais,
paid Senator Stewart the uuex
ampled compliment Of appsnding, as I
note to its decision, u speech which h'
soun afterwards delivered in til,
Senate ia support of the frst minin,
statute everpassed by Congress. Tha
statute was most remarkable one
Remarkable in the time at which i
was enacted; remarkable in its char
acter. and remarkable in the genius
which inspired it. At that tins, 1861
our land was rent in twain, our 6eldi
we're pluwed with shot, our rivers wer,
cd with blood. In the mighty effor
to save itself. our Government migni
have been excused had it neglected t.
protect remote industry. But, n"
that Republican Congress passed it,
little naming law, the like of which,
undertake to say, cannot be found
among the statutes Of the world, ever
from the timc of the unchanging laws
of the Medes and Por.ians down to
that date. A law instinct with the
spirit and the genius of the party
! fighting the battle of freedom Law
which said that progress was the watch
word uf our land; that protection to
work and to industry was to prevail
| refer ia that short statute declaring
that in sctinns for the passessory it'll
to mining property, the fact that ths
paramount title to the properly was il
the United States would not be CON
sIdered. The pext Congress, a Re-
publican Congress-, enacted our first
regular mining law, the law # 1856
nnder which SO many of the mines %
this State on the Cemstock, Austin
Eureka and elsewhere-were recorded
aud patented This law ran its be
neiicent course for awhile until it wa,
found that au even m are llbera
measure WAS needed, and tn II \ Re-
| publican Congress pssed the law al
May 10, 1872, giving, bcsi les the
ledge, "a sufficient quantity of snrfacs
ground for the convenient working oi
the mine, and which is in law to-day.
Tins law ran its course without let II
hndrancs until tho day when Grover
Cleveland, after the issuance of hls
famous pre-inausural message on the
silver question. appointed ~ Commits
sio,,sr of the General Land Olice, Mr.,
| Sparks, who at once presumed fraud
in every case aud 81 tod up every hing
xitb te,huicaljties and lopsl friyolitlrs