Year: 1866

The Washington correspondent of the S.
F. Bulletin says:


1t will be remembered that Conness, last
winter, at the suggestion Of Senator Stewart,
in recognizing the United States Circuit OF
the Tenth District so as to include Nevada,
provided that suits involving the question OF
ownership in mines upon the public domain,
might be carried up on appeal to the Su-
preme Court, and that in passing upon them
the Court should receive evidence as to pos.
sessory title. Before the enactment of the
law containing this provision, no such suits
could be entertained, as the Court would
have decided the title 10 be in the United
States. and would have recognized no other.
The effect Of the act, was thus, as intended,
to give the highest judicial sanction to the
mining law of possession. Within day or
two the Supreme Court has passed upon the
first case involving this important principle
10 an opinion, which will shortly be printed,
the Court has given the mining code of the
Pacific, or the American miners system OF
common law, very much the same sanction
and effect under national authority, which it
has under the statutes Of California and Ner
vada, and the loca! courts Of those States.
The case WAS that Of Strong vs. Sparrow, in
which one Of the mining rights Of Nevada
was in litigation. 1t has no intrinsic impor'
tance, but it ia Of grea, interest from the fact
that it first drew from the Supreme judiciary
Of the Republic an affirmation Of the equity
Of mining laws, and gives them an effect
quite beyond legislation. The ordinary af
6davit was filed, TO the effect that the mat
ter in dispute was Of the value of 50 900
A motion was made to dismiss the writ ol
error, because there could be no right of in.
dividuals to these mines, the title of the same
being in the United States, and therefore it
could not be valued in money. 1--WE cannot
shut our eyes to The public history which i'm
forms US that under the legislation of Neva.
da, and not only without interference by
the National Government but under its i'm.
piled sanction. vast mining interests have
grown up, employing many millions of capi'
tai, and contributing largely to the prosper
ity and Improvement OF the whole country"
The law TINS declared by the Court gives in
effect to our Pacific mining rights the same
characteristics that were intended BY the
Act oflast winter, and provide the amplest
security for the property that has been ac-
qnred by the tacit consent Of Congress -
Since this opinion, applied as it will be, and
probably before long, in numerous other
cases, it will be impossible to pass any Act
for the survey and sale Of the mineral lands
which fails to recognize and confirm the title
Of parties in bona .fde possession prior to its
passage. Rights have accrued under the
non-interference policy Of Congress, which
that body cannot fail to hold sacred, what.
ever change Of policy for the future it may
see fit to make with reference to minera |
lands unocupied. Mr.. Sherman's bill for the
survey and sale Of the mineral land still
sleeps in Committee, and those of our Pa,
cifc delegation who are on that Committee
will be in no hurry to report it back. They
are nearly unit in opposition to any
change in the present System, but if a ma.
jority Of Congress should sooner or later, as
is not improbable, prove to be favorable to
change, they will insist upon the grs,uitous
conveyance Of fee simple title TO honest
holders Of mining claims. and upon some
plan wheteby unoccupied mineral regions
will be left open to the prospector and TO
preemption, in small lots at a moderate
cost. by actual discoverers, subject to careful
restrictions look TO the prevention of specu.
ation and monopoly.