Mining Camps : a Study in American Frontier Government
Mining Camps : a Study in American Frontier Government
Charles Howard Shinn
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For mining-debris cases, Woodruff vs. North BloomtiHd Mining Company, opinions of Judges Sawyer and Deady, printed in. San Francisco journals of second week in January, 1884. 259 260 MINING-CAMPS. gulch. At this point these local rules stop : arbitra- tors must decide the amount of loss in each individual case. As a matter of fact, the mining-interests were in those days held to be altogether predominant in impor- tance to the agricultural interests, over the entire gold- bearing area. Law was ...made by the miners, for the miners ; and this meant in practice a disregard of agri- cultural interests that seems unjust and short-sighted, until we have analyzed its causes, and comprehended its reasons. Nominally, we may remark, the district- rule in early days, and the decision of State courts afterwards, was, that full damages must be paid: in practice the obtaining of a fair compensation was often difficult. At an early date the State courts of California de- cided that "agricultural lands, though in possession of others, may be worked for gold ; " that " the right belongs to the miner to enter on public mineral lands, although used for agricultural purposes by others, and whether enclosed, or taken up and entered under the Possessory Act.
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