Arizona republican., 1893-01-22
MINING LAWS. How the Present Code
 Originated. A Page of unwritten
 History r.or, the Life of Senator Stew
 art of Nevada. ,..asa sulwen Relates an Important ,,oIdsnt in the History of the
 Nevada Legislator.

Probably not one mining man Ill q ,,,lrsd ig aware of the origin ot the ...,,, excellent code of mining laws .hi,b govern the Pacific slope. Justice y;,rl is well known as the interpreter of ,as I.ws. but it is yet to be generally learned that the real author was Sen .,,, stewart of Nevada. In framing '.5 compiling the laws Stewart was .,trs,ed by a stronger motive than .,ir. the average legislator and he was ,,iai by more direct experience ol ,b. needs of his constituents than ever bsore frightened the pathway of a con InJye Stilwell of Tombstone who is u,, in the city, yesterday related to a PyprRllcAN reporter the rather humor- tns . incidents which assisted in the ac- c1rrbpment of the present laws.
 Said nigs Stilwell." In the early stiss stewart selected a mining claim in the Humboldt valley and having as bs believed established his right to it i.n it He returned some time after and was painfully surprised to find .norher man in occupation, a power IrNv hniIt parsonage something over six feet. He was in appearance a n1sad ringer" for Stewart only he seemed 10 be about two inches taller. He was engaged in the business of fel- Tng trees preparatory 10 constructing q cabin on the claim.
 q don't know who you are or what vou want, remarked Stewart approach ioy the new locator, but my name is N. NJ. Stewart of New York; l am a lawyer, have located this claim and vou'u have to get off.
 Replied the stranger, my name is W.M. Downing, of Missouri; l am not sIawyer and have as good a right 10 this claim as you have and l intend tO stay
 stewart proceeded to argue and said "These premises are mine, but 1 don't wish to take any advantage of you; let Us leave thls thing to jury of miners and will state my case and let them decide who is the proper owner accord ing to the customs of the country
 Replied Downing: Pm not ia mi,Iar with the way you settle disputes ci this kind in these parts, but l will also settle according tO the customs of Missouri; that is, while the jury is ar irving at a conclusion, IIl fight you a rubber
 The biz New York miner sized up the MissOurian and decided to waive his rights to the premises. He gath- cred up his blankets and abandoned the CIaIm.'
 Continued Judge Stilwell: "While that was the end of the dispute over that claim, the claimants were des' tined Co meet again. In 1881 l va. organizing the court at Tomb stone, which was at that time atlOurishing mining town of 1000 peo- pie. The famous suit of the Contention ys, the Head Center was coming on when one day the newspapers an nOunCtd he arrival from San Francisco of several of the most prominent lawyers oi the west among whom were w. M. Stewart, Judge MerseCK, Col. Harry <. Thornton, several mining experts and two s,enographers. Among those who read the announcement was man named Downing who had just completed big saw mIll in the Chiricahua moun- talns, He wondered if the W. NJ. Stew aGt was his riSal in the Humboldt val ley. lie came to Tom bstone, met Stew art and the acquaintance begun nearly thirty years before was renewed and npened into friendship. Soon after that stewart went to Nevada and was elected senator. He carried on cor iesponcenCe with Downing which kept Fresh in his mind the incident of his hr't mining claim. There was at this lime system of mining laws, but It Wa. rather crude, and from his own ex- Peuence Stewart saw the need of es- @DIi'hed laws to protect miners in their Ig9l-, having in mind the position he had occupied when pitted against a RRhLy'IcaIly more powerful claimant. lhls was the origin of our present sys. tem"