The record-union., 1895-10-10
AN IMPORTANT ADMISSION.

intention of at least one class of miners
J. 81. Neff, in an article over his own sig
nature in the San Francisco Examiner
says that Congressional measure should
be passed which would place the burden
of proof on the agriculturist, not the
miner, where the land is we'll known to
be mineral in character. He further says
that this law should read that land in the
mineral belt should be presumed to be
mineral until the contrary is proven.
These things taken by themselves would
be comparatively harmless in fact, al
most meaningless, since the position
taken is now the law with respect OF land
under mineral interdictment. II the
United States Surveyors have returned a
sumption in favor of the mineral charao-
ter of the land, and that presumption re-
mains until it is removed by proof Thus
far Mr.. Neff said nothing, but he sue
ceeded in saying something in what fol-
lows:
Thus the mineral belt in this State is very
clearly defined from San Bernardino to the
Oregon State line. Why then should not the
burden OF proof be with the agrlcuiIuFIst II
he wishes to claim any of the land IN TINS
mineral belt for agricultural purposes?
There has been studied effort made by
all those who have chosen to misrepre-
sent the position of the railroad COM
pany on the mineral land question to con-
cesl the fact that the contest was really
between the agrioulturists and the
miners. Mr.. Neff's admission opens the
subject in it's full breadth. He declares
that the mineral belt is clearly defined
from San Bernardino to the State line.
By this he means that the presumption is
In favor of the existence Of mines from
one end of the State to the other; that
by mourning the cost, trouble and
delay OF disproving its mineral char
scter. This statements is simply grotesque
and absurd, and it raises an issue which,
if conceded, puts agriculture at the
mercy Of the nomadic prospector. In
the well-defined mineral regions on the
western flank of the Sierra Nevada
Mountains the agriculturists have had to
contend with many difficulties. Their
first antagonists were the cattle men.
There are hundreds of Instances where
the pre-emptor on foothill lands was sub
jeoted to all sorts Of petty annoyances
from the cattle king. This potentate de-
sired the public lands left open for graz
ing, and he looked upon the coming of an
agriculturist, or fruit-grower, as an in
vasion of his free right to tree grass. The
first contest over the fence law of this
State grew out of the disposition Of the
cattle kings to prevent the settlement OF
the country for the sole purpose of OBJ
tanning the free use of the public lands
for pasturage.
Mr.. Neff's proposition is analogous to
this. The land from San Bernardino to
the Oregon line is to be regarded as prima
faoie mineral, and every acre Of foothill
land tit for cultivation must be subjected
to a mineral trial before patent can be OBJ
tanned. Ever since the settlement OF the
State miners have commended that mining
was a paramount industry; that the first
and last great purpose of human life was
to take out gold. In 1853 California pro-
duced S., 1000, 900 of gold. and at the end
of the year it was just about $50, 100000
poorer than 1t was at the beginning. 1t is
this presumption Of superior right which
constitutes the basis of the claim of the
hydraulic miner to destroy property in
the prosecution OF private enterprise
Hydraulic mining is not wrong in itself.
It may become an important industry.
and II 1t inflicted no injury upon anyone
else 10 should have the highest encourage
ment But when q man pursues hy-
drsulic mining he owns the mine which
is worked by that process, and he alone
is the possessor of the gold that is taken
out. Hydraulic mining is not public
use. II is distinctively private use. It
possesses no right Of eminent domain.
Mr. Nef has performed signal service
for the people of California in defining
clearly the ISSUE He has at last made a
very important admission. He has
claimed the whole State Of California TO
be primarily and presumably mining
camp, and asks that the Congress OF the
United States shall recognize this claim
by declaring that agriculture in Csiifor-
MIA shall be pursued only to such extent
as viii not conflict with mining. If the
mining of 1853 destroyed ten acres of
good land, it inflicted upon this common
wealth permanent injury, and an injury
which was not compensated by the ex
traction of SS3. 900, 900 of gold.
The only industry upon which 8 COM
monwealth may be founded and its future
assured is agriculture and the incidental
Industries which flow from it. The earth
is the source Of actual wealth. Gold is
not wealth. It is simply a medium of
exchange. 1t is natural pro-
It has been given the privilege of
free coinage, and every individual is
forced to take it in the payment of obi
cations due TO him. All other natural
products must find a mark ct and are sub
ject to the vicisSitudes aud fluctuations
enforced by supply and demand, but
r