Los Angeles herald., 1909-11-15
NO LAW FIXED
POSSESSION OF
MINERAL LANDS
SENATOR STEWART RELATES
EARLY TESTIMONY
CALIFORNIA MINING CAMPS MADE
LAWS
Stewart and Associates BLOCKED
Scheme to Sell Mineral Rights
of West at Auction During
Civil War

Two years ago Senator William
Stewart, the father of the mining laws
of the United States, wrote the follow
ing interesting history OF that legisla-
tion for the Doldfeld Chronicle. it was
about the last public paper written by
the senator, who died less than year
ago.
Although past eighty years of age
when the last boom struck Nevada,
Senator Stewart entered upon the prac-
tice of Jaw at Rhyoite, in the Bullfrog
district, where he built two desert
houses of cement blocks and with
wide porches, which are treasured III
the town as relies Of one of the most
remarkable men of the remarkable
west.
The gold which checked falling prices,
resulting from the cessation of mining
on account of the Spanish-American
war, was discovered in 1S4S by a man OF
the name of Marshall on the American
river, about thirty miles east of Sacra-
mento. In 1850 a similar discovery was
made in Australia, and the combined
product OF California and the orleut
rescued civilization, which was declin-
ing toward barbarism for want of the
Vitalizing effect of money.
In 1849 and 1850 about 10000 young
men between the ages Of 18 and 20,
from the best families of the United
States, both north and south, rushed
to the golden west. The currents Of
emigration fioated around Cape Horn
crossed the isthmus of Panama and
over the plains of Knsas and Nebrasga,
lfaverslng the Rocky and Sierra Ne
vada mountains Rich river banks
and beds and gravel deposits contain
ing gold abounded throughout the
western slope of the Sierra Nevada
mountains from Tuolumme on the
south to Shasta on the north, dis
tanee of more than 400 miles, The
placer mines of this vast region con-
tributed from fifty to seventy-five mill
lions per annum for more than dec
ade. During the first fifteen years after
the discovery of gold on the American
river, other discoveries were made In
Nevada, Utah, Colorado, Montana,
Idaho and British Columbia.
Discovery of the comstock
In the fall of 1859 the great comstock
mine was discovered, which has added
TO the supply of gold and silver six
hundred millions. The other mines of
Nevada and the mines OF the other
states have, until the present time,
continued to pour their wealth into the
storehouse of the world.
In 1873 the holders of fixed incomes
in Europe entered into conspiracy
against the happiness of mankind ana
demonetized silver to increase the pur-
chasing power of money. Thence un-
til 1896 a more acute famine of money
was suffered than any which had pre-
ceded it. From 1886 to 1890 more than
a thousand millions of new gold was
produced from the mines, and within
the last thirteen years the mines have
added to the money supply OF the
world over three thousand millions of
gold, and progress and prosperity now
pervade every nation of the globe.
Governed by No Law
The public lands between the Sacra-
mento valley and the Missouri river
were reserved from sale on account
of their supposed mineral character.
The early emigration to California
found no law governing the possession
of mining claims. Each mining camp
made it's own rules and regulations,
not only governing the right to the
possession of mines, but also to the
use of water for mining purposes.
In 1851 the legislature of California
passed a law which declared that in
actions respecting mining claims the
rules and regulations of the miners on
the bar, or digglngs. might be offered
in evidence and when not conflicting
with the laws of the state or the
United States should govern the de-
cislon of the action. The courts of
California nodded these local laws,
extending over the vast region of the
west, into a system of common law
which has challenged the admiration
of all learned men who have taken
the trouble to investigate 1t.
More than a million of American cit
liens residing in the vast region be-
tween the eastern slope of the Rocky
mountains and the Pacific ocean had
no title to their property except the
right of possession, regulated by the
laws they made themselves The laws
framed by the miners were eminently
democratic. Monopoly was impossi-
BILE. Simple, just and adequate rules
were enforced. No miner in those
days attempted to monopolize the pub
lie mineral lands to the injury of his
fellow citizens by fraudulently locating
vast tracts, as is common in these de-
generate times.
Nevada, Battle Born
In 1854 Nevada was admitted as a
state into the Union. The war was
then raging. A great desire existed in
the Atlantic states to obtain revenue
by the sale of the mines at auction.
Julian of Indiana was chairman of
the committee on public lands. The
platform upon which he was elected
declared in favor of the survey and
sale of the public lands, without re-
gard to the rights of the miners who
occupied them. John ,Conness, senator
from California and Congressman
Higbee from the mining region of
California, Congressman Ashley from
Nevada and myself We're the only rep
resentatives in either house of con-
gress who had the slightest concep-
tion OF the magnitude of the question
involved or of the terrible conse-
quences which would follow the de-
struction of free mining and the mo-
nopoly of the mining region by spec
ulators.
Hitherto Imprinted History
In the session of congress commence
ing the first Monday of December,
1866, Julian, for the committee on pub
lie lands, obtained a resolution from
the house instructing his committee |
to report a bill to sell the mines at
auction to pay the national debt |
Senator Conness and myself deter
mined to defeat the scheme, We in |
trodueed a bill in the senate which be-
came a law in July, 1885, ratifying |
and confirming the rights of the min
ara of the west aCQOpdinp fo thpir |