Los Angeles herald., 1909-11-15
News Of the Mines and Oil Fields



the supreme court of the United
States. In the case of Hurst and
Strong against Sparrow, which is re-
ported in Sd Wallace, Charles O'Con-
or moved to dismiss the case on the
ground that the miners of the west
were trespassers and could have no
property rights which the courts would
respect.
1 had the honor to defend the rights
of the miners In that august tribunal,
and the court, after full argument,
declared that they would not shut
| their eyes to the history of the country
which informed them of the vast in
terests that had grown up, by the non
action, If not aequieseence, of congress.
To explain this decision the chief
justice had inserted in the appendix
of third Wallace report a speech
which L had the honor of making in
the senate previous to the act of 1866.
1t was passed without their knowledge.
Higbee of California passed a bill
through the house granting the right
of way for bitches over the public
lands, which was referred In the SEN
ate to the committee on public lands
and reported back from that commit
tee by myself, with the act of 1866
attached to 1t as an amendment. 1t
became house bill, and the senate
amended 1t.
Notwithstanding this, Julans bill,
having been ordered by the house, had
precedence when reported, but in the
meantime l had provided against the
awful possibility of the passage of
his bill. The delegation in the house
from Pennsylvania wanted a navy
yard at League Island; the representa-
tives of New England wanted a navy
yard in New England; the representa-
tives of the west had an important
measure they desired to pass. These
three measures were favoerd by more
than two-thirds of the house of repre-
sentatives. Each scheme lacked three
votes in the senate. My colleagues,
Conness and Nye, authorized me to
| use their votes, and / made arrange
ments with more than two-thirds of
| the house to pass the mining bill,
which was then known as the Ditch
bill, after II nd been attached to Hig-
bees house bill 1t required a two
thirds vote of the house to lay aside
| the Julian bill to sell the mines at
auction and take UP the Ditch bill,
| which was done on motion of ID. r.
! Ashley representative from Nevada.
| The Ditch bill was then passed by a
more than two-thirds vote and became
q law without the knowledge of its
contents being known by any member
| of the house except Higbee of Cali
! fornia and Ashley of Nevada.
Specific Legislation Aooomp pIished
1t then became necessary to pass a
more specific and effective mining law.
caused a committee of mines to be
formed in the senate, and Immediately
thereafter It was formed i'm the house.
At every session of congress from 1866
kg 4 ,.,I ~ I IL
and sent Il out to all the mining men
of the states and territories for their
criticism. When congress met in De
cember, 1871, l visited all the senators,
members and delegates from the min
ing regions and induced them to meet
once a week to agree upon a mining
| law, because no law could pass either
house unless by the unanimous consent
Of the mining region. 1t could not be
discussed because Its provisions could
not be understood by those unfamiliar
with mining. Every provision In the
mining law as it now stands was thor
oughly discussed. The one provision
which was most important which was
incorporated in the law was the num-
ber of claims that a miner might hold
in a given district. 1t was suggested
to limit the number of claims to one,
two and various other limitations.
After discussions at many meetings
1t was unanimously agreed that /
miner might have as many claims as
he could discover lodes within the
limits of each. The United States law
deorees that no location shall be made
until a vein or lode is found In the
limits of the claim located. 1t was also
provided in the first section of the act
that the mineral lands should be
opened to exploration and purchase,
This legalized the possession of a
mine while he was hunting for his vein
and the courts have so decided. But
the wicked departure OF spectators
from the plain letter of the law has
worked the greatest possible injury to
the miners of the west Individual
Spectators in Nevada have located
thousands Of acres without the diseov-
cry of a vein or lode. These specu-
lators not only excluded prospectors,
but deprived themselves Of the aid
of parties in the development of the
district where mineral is found It'll
requires prospecting in the vicinity
to prove the camps value. The person
who first locates claim, nine times
out of ten, ahas not the money to ex-
plore 1t.
Where the Law Errs
Vast regions of Nevada are tied up
and prospectors denied their right as
American citizens to explore for mines.
1t is safe to say that the wealth and
population of Nevada would have been
more than double what it is IL each
locator had been compelled to pros
peet his lode before he could hold the
ground by mere location. But notwith-
standing the hardships and privations
necessary to exploring mountains and
deserts, the marvellous output of gold
in the last fifteen years has rescued |
the world from the poverty and suffer-
ing inflicted by the eonspirators who
demonetized silver by enhancing the
value of property and wages. Never
in the history of mankind has there
been such an era of prosperity through
out the world. Will that prosperity
continue? 1t may or it may not. If
mankind can endure prosperity with
out destroying themselves by tramp
ling upon their fellow men and refus-
ing the restraints necessary to main |
tain civilization, there is nothing in |
sight to dim the bright prospects of
the future.
WILLIAM M. STEWART.