Year: 1866

Quartz Claims and the New Mining Law


The Nevada Gazette has the following
practical comments:


We alluded, week or two ago. to the
communication Of correspondent in the
Marysvie Appeal relative to the position Of
pay chmneys in quartz veins, and to the diff
ficulty which be contended was likely TO
arise under the second section Of the mining
law, which allows the owners to follow the
dip of their veins, although it may carry
them undes the land owned by others. The
same writer has an article in the Mining
Press, of the 4th inst, on the subject, and
furnished diagram showing the position Of
pay chmneys. The Press, however, could
not give the diagram, which is to be regret
ted, as it is a subject not generally under
stood, and cannot he we'll explained other.
wise. The writer contends that the second
section Of the law, by allowing miners to
follow their veins, will lead to endless ltiga
ton, and that the sale Of the land in square,
or rectangular tracts would be preferable.
In this respect he differs from all quartz mi
ners with whom we have conversed upon
the subject The great objection to Sher





which miners could follow their veins when
the dip carried them off the ground they
owned on the surface The old English
common law theory, that man who owns
surface ground owns everything perpendcu'
larly below TO the center Of the earth, cam
not be carried out in the sale OF quartz
mines, without leading to great injustice.
The second section Of the mining law follows
the customs of miners in this respect, and
the custom was adopted from necessity, and


its manifest justice. The first quartz claims
located in Nevada county were in square
claims, including only the surface ledge
The Gold Tunnel ledge, the first located it
the vicinity Of Nevada, was taken up in tbi'
manner, and the owners, finding that the
dip would soon carry them off their surface
claim, we're at great expense in purchasing G
the adjoining ground The Massachusetts
Hill claim at Grass Valley, was taken up in
the same manner; the ocators soon learned
their mistake, but were unable to buy the
adjoining ground, and having fully developed
the ledge and proven its great value, recent
" had to abandon it to those holding the
ground in the direction Of the dip.


The quartz miners of Nevada county early
saw the necessity Of having uniform system
to govern the location of claims, and a
quartz miners convention was called in the
fall of 1852. That convention adopted a
few simple rules, such as experience had
shown we're needed. The distinguishing
feature Of these rules was, that ocators
should be entitled to a certain number of
feet on the ledge, with sufficient ground on
tbe surface for working purposes, and with
the right to follow the "dips, angles and va
riatious" Of the ledge. The rules adopted
by that convention have been the foundation
of the quartz mining customs since observed
on this coast, and now have the sanction OF
Congressional law.


The mining bill having becotne law, it
is perhaps, useless to discuss it's merits or
its defects, as it must be practically tested
We think, however, it is as near perfect as it
is possible to make law; and if minor de.
fects should be discerned in its practical
working they can be remedisd by future leg
islation.