Year: 1876

EDITOR HERALD. Your article on
Judge Writings decision in regard to
the timber on mining claims must
have been written without due con-
sideration. If you are correct, and il
Col. Writings decision is law, there
is no land within ten miles of the
Railroad which is not liable to be
stripped of the last vestage of timber,
no matter who claims it, or what title
they may have who claim the land.
We grant you that the Railroad COM
pany may cut timber within the linn
its of mining district, provided the
land upon which the timber grows has
not been located for mining purposes,
but when district has been formed
and locations made within the bounds
of that district and the locator pro-
ceeds to work his claim according to
the mining laws of Congress and the
local laws Of the district the land be-
longs to the miner to all interests and
purposes as much as if he had already
received patent from the Govern
ment of the United States. The
Government has agreed to give the
miner the land upon certain conditions
and if the miner has complied with
all the stipulations the Government
is bound to defend him in the peace
able possession of his claim, and the
Railroad Company have no more
right to cut his timber than they have
to cut the timber around all farms
within ten miles of the road. Neither
have they the right to cut timber from
any Government lands within the
bounds of q mineral district, except
so far as it is actually necessary for
the construction of the road. Ali the
timber lands in Southern California
are in the mountains, and gener-
ally mineral lands, and If your
theory be correct, the Railroad Com
panies can strip the country of timber
for breadth OF twenty miles. What
would such land ever be worth to the
Government or to miners without
timber? but in this case there are
dozen or more men cutting timber on
anybody's land and selling it to the
Railroad, and by this decision they
have a perfect right to strip the entire
district of the last vestage of timber
and sell it to the Railroad Company,
without reference to the interest of
any and every man in the district |
will append two recent decisions from
the L. s. Commissioner:


WASHINGTON, Dec. 2Sth.-The Com
missioner of the Land Office decides
that planting of seeds or cuttings is
not in compliance with the Timber
Culture Act, but the General Land
Office does not inquire how the trees
are produced. Ii seeds or cuttings pro-
duce healthy, growing trees, the law
is complied with. Lands containing
valuable deposits of mica may be pat
ented as mining claims. Such depos-
its are excepted from all railroad land
grants. Land containing salt springs
is not agricultural land, and is not
open to pre-emption and homestead.
The telegraph also reports the de-
clsion of the Commissioner General of
the Land Office establishing the fol-
lowing important principles: Mining
An incorporation or an association
of citizens owning separate and dis
tinct ores in placer mine may unite
their means and eXpend the $500 re-
quired by the mining laws of the Uni
ted States at one payment, and there
after secure patent from the United
States. Locaters of mining claims
have the exclusive right of possession
ofthe surface embraced in their claims,
and timber growing thereon on COM
pliance with the laws.


This decision is equitable and just,
but they are the reverse of Col. Whit
ing's decision. If these decisions will
not protect us in the San Fernando
district, we will appeal TO our Courts.
MINER.