Show LAW LAV r A W WORD ORD WITH j H TIM MINING ming OUR legislators we print in ia another column of to days paper tile the amendments offered by the committee to the bill relative to mines in connection with the bill as introduced the legislature appears to be going to work in carn earnest estand and manifests a desire t to 0 enact such laws as the wants of the people seem to demand without wishing even the appearance of dictating on our part wo inc propose to give the benefit of our experience in these matters hoping shall right legislators NN will if what wo we say seem give giro a patient and willing car it strikes us that the bill is susceptible of some other amendments than those proposed by the committee in the fast section of the bill as originally introduced the privilege of locating a vein of coal lion copper or other babe metal is given without restriction As the bill now stands it would be competent for the discoverer to take up and locate any number of feet or even miles the same restriction which is applied to the locating of precious metals should be incorporated in the section viz allowing such veins to bo be subject to regulations of the minors miners of the district this might be accomplished by amending section ad by inserting after the worth precious metals the words or veins of coal lion copper or other oilier base ore or metal section gah as proposed by tho the committee is entirely too in its terms and if enacted will i ill give rise to interminable litigation which it is cM evidently dently tho the aim of the committee to prevent in our opinion the section is altogether saly as a 4 statutory enactment but if the legislature will enact it they should bo be more specific we say it is unnecessary because the common law settles the lights of fill all parties under the circumstances and by a long conise of decisions both in england and the united states the rights of rip riparian trian owners have bave became clealle defined ned the rule of common law as laid town down by the coul conits ts is that no poison higher up a stream once dedicated to irrigation or manufacturing purposes by use or custom can after afterwards ards so go use or dai dhert crt its course or body as to inflict injury upon prior occupants below and tho injured piety has his bis action at common law for actual damages sustained the common law of england where it does docs not conflict with statutory enactment is tho the rule of de decision chilon in ill all our courts therefore we can call conceive of no necessity for the legislature in the matter at all if hoy however ci er they do so 60 let them confine themselves to the declarations of the common law which we ac have no doubt was as tho the intention of the committee we suggest that section 6 should read no person or persons engaged in mining shall have tile the light to divert auy stream which has hag pren previously bously been dedicated amea by actual use or occupation to mechanical or other hida industrial pursuits and should any perron or persons so use ilse such stream of water as to interfere with already vested rights he or they shall be liable for all actual damages sustained and ami may be proceeded against by civil suit before any court of cOmPe competent teat jurisdiction 0 wo we are confident we have but expressed what the committee designed to incorporate in its amendment but by its terms tile the section is as it now stands would give biao to a great deal of un unnecessary y litigation we may a add old that in california where the question ja in all its be beatings beai ings has been adjudicated upon there is no such euch law on the statute book but the common law has been found tho the best and safest rule for the protection of tile the rights of riparian owners |