The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-08-23
THE COMMITTEE OF FIVE,
Chairman Ricketts, Calls {
Meeting for Wednesday
Afternoon.
Judge HenshaW's Decision Shows
How the Struggle Concerns
Laborers.

Chairman Ricketts, will call a meeting at
his office at P. NJ. next Wednesday of the
committee OF five chosen by the Miners
Association executive committee at It's
last meeting, to consider the advisability
of a conference with the Southern Pacific.
The correspondence between Attorney
John M. Wright and Land Agent Mills
relating to the proposition for a joint
expert commission to make an inspection
of the lands will then be taken up on its
merits.
1t is hard to predict just what the out
come of the overture for an amicable
settlement will be. In Mr.. Ricketts,
opinion, the expressed wish of Mr.. Mills
that all legal proceedings now pending be
discontinued. presents an insurmountable
difficulty.
The railroad company has a great deal
at stake. In it's grant 1000, 900 out of the
| 20, 100000 acres is estimated by the Land
| Department to be mineral lands. IT, how
ever, most of this could be agreed upon by
the two experts as agricultural land it
would be just what the railroad company
would want. Surprising the expert of the
| company to be true to the interests he
would represent and the expert of the
| Miners Association would prove loyal to
those of the association and man of
strong character, it is questionable If the
two men could ever reach unanimous
conclusion, considering the conflict of
! business interests.
Mr.. Ricketts, regards Mr.. Mills PROPOSE
ton as simply play to either get the le-
gal proceedings dropped altogether or
have them indefinitely delayed SO as to
allow the company to go on making its Sc;
| lectlons, meanwhile, with more than usual
alacrity-and without fear of any legal
trouble. Another apparent intention of
| Mr.. Mills letter, according to Mr.. Rick
etts, is to make it appear that Mr.. Ricketts,,
as attorney for the association, is an OBJ
structionist, and to bid for measure of
| sympathy on that representation.
''The fact is said Mr.. Ricketts, yester-
day, "the railroad company would not
have offered to treat with the association
at all, but for these protests and appeals
and the effective work of the San Francisco
newspapers in bringing the true inward
ness of this controversy to light.
1.-The mineral lands controversy is more
far-reaching than would at first appear
| Under the laws of this State q laborer,
| material-man, machlnist, contractor or any
other class of service employed upon a
mining claim may put mechanics lien
on the claim in the event of non-payment
| OF compensation. So says section 1883
of the Civil Code, but recent decision of
| Judge Henshaw OF the State Supreme
Court shows that no lien can be had by
any such laborer as lien upon a mining
claim when the land is covered by an ag-
ricultural patent.
'In the case at issue Judge Henshaw re-
yersed the action of the Superior Court in
Tuolumne County. Milton Morse and
others had filed liens upon Matthew L. De
Adro's mining claim, and the lower court
allowed them under section 11S3
"De Adro had farm of 100 acres upon
which he had sunk shaft and discovered
a vein of auriferous gravel. but the land
was covered by an agricultural patent.
Quoting from Judge Sawyer of the
Federal court. Judge Henshaw reiterated
the judicial definition of mining claim
as follows:
| A thinning claim is the name given to that
portion of the public mineral lands which the
/ miner, for mining purposes, takes up and holds
| in accordance with the mining law.
"He accordingly held that section 1883
does not authorizes lien for labor in work
| ing mine on lands held under an agriul-
! tural patent from the United States and
| justified this view in the following:
Since the Legislature has seen fit to limit
! the benefit of the lien to particular classes
| (mining claims) we are not at liberty to
extend 1t to others. To do SO would not be
construction but judicial legislation.
'This decision has just been placed before
the legal profession in the Pacific Re-
| Dnrtero