The San Francisco call., 1904-12-10

are entering upon a new era in the movement
70 rehsbilitate hydraulic mining; that with
energetic work, thorough organization and
united effort will accomplish the end so
much desired and necessary for the up
OF the State
THE POLAR STAR CASE.
In view of the desire of the miners
to have the Polar Star mine case
brought to final determination in
court an extract from Davis report
for the committee on legislation is in
teresting. 1t is as follows:
Arrangements were made by the executive
committee with the firm Of Solinslky & Wehe.
attorneys-at-laW. under which they agreed 70
take the case TO the Supreme Court without
compensation. There seems to have been some
misapprehension with reference to the question
whether a proper record could be got be-
fore the Supreme Court inasmuch as the time
for the appeal from the judgment had passed.
Mr. Deylin attorney for the Anti-Debris As
sociation, however, when questioned as late
as the day Of the beginning o. t;ls convention,
still stated that he would raise such ques-
tion, and would willingly admit service Of
notice Tor a motion for a new trial. This
viii completely clear any record tangle on the
question Of time.
It has been decided by the Supreme Court
of THIS State in the case OF Simpson Budd.
u Cal. IS, that though the right to make a
motion Tor a new trial is statutory and does
not exist II the proper steps not taken
within the time allowed by the statute. as
ag5lnst party who stands upon the statute
and insists upon strict compliance Herewith,
YET me time Tor every step TO be taken in re-
iation thereto may be waived or extended by
consent Of the parties"
Upon the assurance Of Mr.. Devlin that he
VIII admit service of the notice OF motion for
a new trial under oral stipulation that the
time has always been eXtendeo Tor the same.
the point that this association desires deter
mined can now be presented clear cut, TO the
Supreme Court by Messrs. Solinsky & Wehe,
who report to US that they are going ahead
on these lines.
The important proposition of the
segregation of the mineral lands in
cluded in the railroad land grants in
California was treated in a preamble
and resolution Of the committee on
adopted by the convention. The text
in full is as follows:
Whereas, There is an absolute urgent and
Immediate necessity for the segregation Of the
mineral lancs within the railroad land grants
of the State Of California in order thar such
mineral lands may be restored TO the public
domain, and thus be made available TO the
mining DrOspectOr. and
Whereas, These mineral lands were espec-
tally excepted from the railroad land grants
and have never been granted by the United
States Government TO any railroad company,
and were intended 10 be specifically preserved
as part Of the public domain. open to ex-
poration and purchase under the Federal
mining laws, and TO that end bill was intro
duced in the Ia 81 hEesSior ~ the CONGRESS- of
the United States and is now pending in
said body: now. therefore. be it
Resolved. That in addition TO procuring a
segregation Of the mineral lands within the
railroad land grants. the California delegation
In Congress be requested to propose to use all
honorable means to obtain the necessary legis-
lation 10 have a new segregation of the min
eral lands Of the public domain in this State
such segregation TO be made under the diree-
ton of the Director OF the United States Geo
logical Survey, and that such classified tion
shall be accepted Drima facie evidence of
cases appearing before the land department
and courts OF the United States.