The Goldfield news. [volume] (Goldfield, Nev.) 1904-1911, 1905-02-17
WOULD SOLVE QUESTION.
Law That Would, II Passed, Put
Stop 20 Lot Jumping.

III lit - BNOBfC ~ thC GIG
governed uf any OF all the people IN the
world. This is exempliiied more than
in any other place TN the vast mass OF
public domain In 1899 congress opened
up the Oklahoma country to homestead
settlement, and at that time not even a
territorial government existed there.
The people organized Guthrie, a city OF
q 1900, and Oklahoma, with u popula-
ton oI 10000, into a provisional govern
ment, and out vi these great crowds oil
people, where there were from three IL
hive claimants for every town lot and
homestead, order was maintained from
the start and congress ratified every act
uf the de facto government. Here in
Guldfield are 5000 people without mu-
nicipal government, and where else in
the United States is there a more order
ly population, notwithstanding the
government OF the United States has
not attempted to give the people a law
that will protect the quiet and peacea-
Bile possession of its inhabitants when
invaded by those vine are bent ON get
ting something for nothing? The own
site laws of the United States that apply
to those who desire title to their town
lots i'm the town of Goldtield were passed
by congress-the Very last of them-in
1867 and are wholeiy inapplicabIe n
imperative. Congress should re peal the
ancient tow n~ite law and pass IL simple
law protecting both the mineral claim
ant ami the town lot applicant. The
following Is the decision vi the federal
courts Oh the question, and it is unsat-
i~sfactory and, to my mind, productive
Uf much litigation: "A valid mining
location, whether quartz or placer, en-
titles the locator to the exclusive rights
to the possession OF all the surface
as wei. as above ana below the
same" Therefore, whoever intrudes
thereon is Il tresspasser. You can't get
away from that fact. Now in a center
OF population like Goldtield, where there
are many people who understand the
law as to squatter's rights, they think,
and think honestly, that they are en-
titled u squat upon the unoccupied do
main of the United states. In that
they are right. Therefore many honest
men and women (anu we must admit
that the average American citizen loves
law and order, otherwise martial law
would obtain in Goldfield), settle down
on ground that is covered by Il mining
location, evidently not approaching the
iact that the moment Il location Is made
the land In question ceases to be public
domain. The whole contention, after
settlement thereon, Is: lis the mining
claim u valid, subsisting claim as pro-
vided for by the mining laws of the
United States, and the state OF Nevada?"
If SO, there should be a law passed by
congress authorizing the justice Of the
peace living nearest to the ground in the
contest, to inquire into tiis one que>-
ton, viz: l. there Il SCATTER within the
boundaries OF Il valid mining location?
If 50, let ii writ of restitution Issue plac-
ing the owner of the mining cilim in
immediate possession. The parties are
then in statu quo. Now if the suuatter
feels aggrieved, let him commence an
action in the district court against the
mining claimant, and let him raise any
questions as to title there, but during
the litigation give the prior locator the
peaceable possession. This will settle
the question, and avoid the scene of peO-
pie taking the law into their own hands
and the obtaining of possession by force,
strong hand and a multitude of people.
Don't think that l have forgotten to give
the squatter a fair deal, for | have not.
The sguatter on = a5sistins~ %ififgg
'.,dlm, valid in every respect, has this
right-the right to shift the burden of
proof on the mining claimant to prove
the gold was discovered, if Il placer, and
in place if a quartz claim, and that it ex-
lists in sufficient quantities to justify ex-
ploitation. This is the final decision OF
the Federal courts on the question. But
this question is II be adjudicated in the
proper courts and while this litigation is
going on give the prior locator, whether
a town lot, agricultural or mineral claim
ant, quiet. ~peaceable and exclusive pos
session. Such Il bill should be intro
duced on these grounds in the next con-
gress. " 1.