Martins Mining Law And Land Office Procedure With Statutes And Forms

Cover Martins Mining Law And Land Office Procedure With Statutes And Forms
Martins Mining Law And Land Office Procedure With Statutes And Forms
Martin Theodore
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Nichols, '" has held that this act does not purport to make the miners agents of the United States to preserve the rivers below their vi'orkings, in their present state, or to restore the rivers to a former condition. The provisions of the "act arc calculated so to control and restrict the operations of the mines as to prevent the further clogging of the navigable streams by mining d§bris. Vs'hich, otherwise, would occur, and to devise plans and means whereby hydraulic mining, so controlled and... restricted, may be carried on without injury to other persons. " The provlMions of the act " were never intended to give sueh miners fnU Hoen. Se, in case the plans prove ineffectual to prevent it, either to fill up the river channels or to commit injury to private property, by discharging debris into the streams. The commission is given power to revoke the permit, to modify the plans. This is perhaps sufficient to protect and preserve the navigable streams. At all events, that is a public matter, and the public authorities alone are authorized to act.

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