Show eople I 1 s column into ad w not fr the view 0 o of lu ita dor it alem to b tho pim 41 of 11 alio llio IQ people abit iiii aro oid oi D to 1 nil I likina 4 0 o my b only 1 1 will oot b I 1 s a tho 1 daro lit abo mut in 0 allnut lo 10 POWER OF THE LEOIS legislature LATURE TO ENACT I 1 I 1 A MINING LAW dally daily TrIbune 1 MB Er orron mr W II if shearman shearmon tn in your issue of the gah instant has but treated the subject abject or of mining laws wih grot great candor and nil clearly states some borne 0 of f the objections to all of the proposed laasi the tame same doubts have been acon frequently expressed of latr late and are re attention for if the legislative authority h has no power to enact uniform laws io in relation to td this clas of property Iro properly perty any ny at t to exercise sue such a power would reou lEin confusion W con fasion let QA as thirl then es amino the foundation upon which the right to legislate rests the title tillo to alic I 1 i mineral lands in this territory is in solely in ia the he united coiled states and it cannot be divested div cited of its in title by any ny territorial nl laws or in aby manocc except upon such terms as it may itself fix but in other oilier re r the ibe united tat stand in ia the saine la tuition tion ni As any ny other load owner iu its property properly and the thoo who would bulj acquire rights thereto ire are sub nub acci to such regulations As the leil lature latiere riby enact to govern gaitero the actions lod boa define the flie mutual obligations and rights nabla or of rival claimants warrant nt for far chi power may be found in io the police powers of government laws lupon these them subjects subject a every very piece fwee orland mining tod and agri gri cultural cull uial would be ft a more dioro or arize I 1 cm etive iceon Beco ing to its in real or nr supposed value which the most mom aria and violent would secure it is the duty odthe of the legislative authority to protect there who in ia good faith would tave take the preliminary steps in the acquisition of title to io tee see that they neither oppress nor are oppressed by ethem an aad that the peace be pre served within the conditions of dr alienation fixed by congress Coo greM laws 1 in anty hyba be acted for these purpose POM it will bol be I 1 that tomer mancra have any greater inherent right to maki make laws lawn for the acquisition and benu to ol of their property than any ny other elm class in ia the as tock stock raisers owr lumbermen grocers gr octra etc the right which they have exercised aad ad which acla has obtained legislative legisla liTo lecog decoir at a 00 ciba I 1 ts within any toyS state tt or artir tue antory solely by lostion of the law lav milling making power or of that state slate or territory the fint or of tuch such a power we widin in california Cali furnn before the lh existence of the ibe state slate or of toy soy other oilier recognized legislative authority it WM was the child of a necessity Decess ity when the daw asir state ut attempted to its ita atac ve riella over thid thia claw of pro properly bigit r y it il w as found that immense anite 9 airl d I 1 i brown up dp under tho the mining biffi I 1 awe a n nl that these were so lo unlike IQ in different loell loelitia loe liti tea any nj attempt 0 to o reduce them to uniformity would produce dodot ro dot and lim hi many I 1 cams confiscation and nd would oleo ilio open cp tit the door to every species or rob loh bevy tail boa violence A statute wu woe pawed allowing ahe b a courts to adja the ite conflicting claims and ziab to of f miners minera ia in cc or d once with irith tho the lori local rules bulei under which they cose it is halia to lo conceive by what tibt reap in Q anomaly recognized by bj the legis onial s atun 3 of california owing owin to m acil p ae ci p 1 ci r c um s t a n oe s t then hen existing b R s lance p in ee got g 0 t akl 0 v 0 and t ll 11 d beyond the control or of the ahi powers 0 w to which it owes iu its existence n 11 it t aels ia practical ilia ild of the ancient belief that tbt this the of the lioom lioness were bore bom dead tod and afterwards kitred into life the parallel would be perfect inthe if the whelps put an n erd cod to parental parent paren tai nl supervision by devouring TOUring dc their mother Con contreas greas hu has done no more thin tha acknowledge knowl edco the existence of On iners rules ruin and the property rights right which ht have rown crown op under them the act of july ag 1866 opens the idine rl ral lands of the ho united sum states to coca potion pation it to fo regulations as aj may te i pre ly if linw ud subject lips iii to the local docil customs or rules of miners so 0 o far tb as the oie me may net cit be in conflict with the laws law of the he united states in section 5 of the time same act it is u IKO also provided 11 the lout local legislature of any att or territory may provide rules fr for working mines minnii nf en drainage and other necessary story means to their complete development or it is u said mid thit that this to is a restriction of tile the legislative out it 0 ity to easement drainage etc i but no explanation is given why the authority to make rulea fot for tile the acqui acqua and tenure of the tha dominant estate should be vested veiled io in a half belf dozen unlearned the regulation of its ill appurtenant estates alone should be b conferred upon the legislature tho the word ord involving in the th section quoted in not in a restrictive sense but rather to enlarge the power conferred congress conri H could not hare intended because it haa ban absolutely no DO power to conAti Lute innumerable little sovereignties sovereign ties endowed with the law aw making power within the saver sovereignty of a state or territory it would therefore seem indis puts lie ble that wherever miners may male make rules mica and nd regulations they do to so only by permission of tile the paramount legislative authority which may step in ill tied and occupy all or any part t of the legislative isla tive field to 0 o the c cx vl clinion aion of the miners iDera in it remains then to afe ase erlain the ibo limits of congressional legislation up oo on the subject of mines mines it being beyond yn a d all doubt that the territory has full fall jurisdiction to make any laws it upon tile the a abe j et so BO far is es th luo same may not be in conflict with th the laws lawi 01 ol the united congress boa baa pledged the united states to grant for mineral landi land under tinder the following 0 conditions condit ione 1 the applicant nial must bo be a ci have bave declared his hia intention to become to so sec 1 1 the may then require that alist none tout citizens or those thoe having declared their intention I 1 a 0 become so BO shall be protected in an entry upon and claim to io such auch lands 2 lie lieve occupied led th the lands elands claim d according to go tho local diatoms or of rules of minerv sec sea 2 the legislature may pre 1 clr hlen friml ay be in maca ce and what ahall be evidence of it this will include provisions in regard to notices and the recording of them also alio the rights of locators among themselves the amount of work aary y to hold a claim etc ja 3 ho bare baba tat at least 1000 in labor an ani improvements see sec 2 it remains to provide I 1 v but tire tidies and upon what por of the location cation Jo the work and imi ments must be placed 4 alil must bo be unopposed see sec 2 and if any Mad adrae malverse verse elainr ants anta appear the rival claims claim must bo be adjudicated in the courts of is competent in P 1 c jurisdiction sec C tho the lef lag ula 1 tore tare may determine who are at ora claimants whit what shall bo be evidence of abandon me tit enot nd ilia performance or tion oon perform ance of hit sets aati shall hall terminate all rights righta which a claimant might otherwise have had also aliki what courts shall havo have jurisdiction of esses cases arking I 1 5 lie ile can have ro for r only ody one one location on 00 the same bame lode see sec I 1 I 1 the legislature may say bay that therefore he hill not make but one loca tiou tiodor or have hare a claim in different locations on the iho same bame lode go caie ile can have 0 p patent IOK onn one vein or lode see sec 3 ta cheroe c the legislature irig may properly ny may the that a claim shall he be restricted to one vein or lode 1 7 1 lie thill shall not haye have 97 a patent for more thin ihan feet unless he be a discoverer see sec I 1 nut but i it would probably bo be within the power of the legislative authority to nay may that it would would not protect him in fa the occupation of more than one half or any loss number of feet feel at any aay rite rate vl te provide that no chuu shall he be mado made in excess of what may be patented 8 no one patent sh aall issue for more than 1000 feet see sec 1 the should therefore limit the right of occupancy to that extent 9 A patent loaten mit ili elade a reasonable quantity of surface for working to be fixed by local rulea sm sec 4 what shall be a reasonable quantity may properly be ift to the efI tr power ow I 1 10 0 the 0 lanu patented in its if lateral and othor other dimensions must cou coo form to the local laws lawn customs and ruled of miners minera see sec 2 an oust opportunity for the exer exercise cime of legislative discretion diH 11 1 and finally as a further condition di tion of the sale aale which shall be fully expressed in the patent the tion HOD worling working and development must be h in ilk accordance with wilh any rules pra pr vidad by too the local of any state or territory for working mines involving easements drainage and aad oilier necessary fieO Jl to 0 o ir com complete see sec 5 it would bt be difficult for tny any alrie to maize this more easily if wf apology is iii needed for tho the extent of this thia article it is u hoped ithac it will be found in an earnest desire that the subject may be viewed upon every side to I 1 the he intent that the views may prevail and the lows lii may lie be enacted G gio ED III watib |