USA > California > El Dorado County > Historical souvenir of El Dorado County, California : with illustrations and biographical setches of its prominent men & pioneers > Part 22
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In pursuance of a call, the miners of Coon Hollow and vicinity met at McNairs, to take into considera- tion the laws and customs of Coon Hollow, regulating the mining interests.
On motion, Captain Barnes was called to the chair, and B. E Davis, appointed secretary.
On motion of George Baldwin, a committee of three, consisting of George Baldwin, S. Center and A. Jewett, was appointed by the chair to draft laws and resolutions better adapted to the minining interests of Coon Hollow Mining district, the existing laws, reg- ulating the mining in the district, having been adopted at an early period, deemed entirely inappropriate to the present wants and circumstances, wholly different therefrom.
The committee presented the following resolutions, which, after some remarks by Mr. George Baldwin, were unanimously adopted.
Resolved, That all laws, by-laws, rules and regula- tions heretofore adopted and now existing in this dis- trict, are, and shall be, considered null and void.
Resolved, That all mining ground left without any one to represent it, either as owner or agent, for the space of one year or more, has been and shall be con- sidered abandoned.
Resolved, That the persons now holding mining ground, abandoned according to the above resolution and the custom of this district, have been and shall be the rightful owners thereof.
Resolved, That there shall be a recorder for the district, chosen by the miners thereof, whose duty it shall be to record all claims of those who may desire it, in a book kept for that purpose.
Resolved, That any person wishing to be absent from his claim for the term of three months or more, shall appoint an agent to represent his claims, and shall have such agency recorded by the district recorder, with the name of the agent.
Resolved, That persons shall beallowed to purchase, in good faith, as many claims as they may desire, sub- ject, in all cases, to the foregoing laws.
Resolved, That we will protect all persons holding claims in accordance with the above laws.
Resolved, That the proceedings of this meeting be published, etc.
In accordance with the fourth resolution Mr. Geo. Baldwin was elected recorder, and authorized to charge fifty cents for each record.
CAPT. BARNES, Chairman. BENJ. E. DAVIS, Secretary.
A more complicated instrument shows the laws of the Kelsey district, on account of the variety of min- ing claims in said district. They were framed at a meeting held at the Union Hotel, on July 27th, 1856. Charles Orvis was elected chairman, and U. J. B. V. Monsimer appointed secretary. Messrs. Andrew Cusick, George Fowler and Urban J. B. Monsimer, were ap- pointed to draft resolutions. It was
Resolved, That the following laws and regulations be signed by the chairman and secretary of the meet- ing and published, etc.
ARTICLE I. The mining district of Kelsey shall include one mile from said town.
2. A claim on old ground, and worked, shall be 150 feet in length and 60 feet wide.
3. A claim on new discovered ravines, bank or surface diggings, shall be 100 feet in length and 50 feet wide; the discoverer to be entitled to one extra claım.
4. A claim on new ground generally denominated " hill diggings," shall be roo feet square, and an extra claim to the discoverer.
5. There shall be a recorder appointed for the dis- trict, whose duty it shall be to record all mining claims in said district, in a book kept for that purpose.
6. Any person or persons locating a claim after the passage of these laws, and failing to have the same recorded within five days after such location, shall forfeit the same ; or purchasing a claim and failing to have the same transferred on the recorder's book, shall forfeit the same.
7. All mining claims recorded as aforesaid, shall be held by the person or persons recording the same during all the time there is not sufficient water to work the same.
8. Any person or persons holding claims over or during the dry season, must commence working the same within ten days after there is sufficient water to work the same, unless the said person or persons are unable to do so on acconnt of sickness ; and failing to do the aforesaid, shall forfeit said claim.
9. Any person or persons failing to work a claim for a longer time than five days after there is sufficient water to work the same, shall forfeit said claim, unless the owner or owners be sick, except from the Ist of July to the Ist of November, when miners may hold their claims without working them.
ro. Miners only shall act as arbitrators or jurors in settling any difficulties or disputes about mining claims or mining interests.
II. Each person may hold one claim by purchase and one by pre-emption, by working and causing the same to be worked as required by law.
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HISTORY OF EL DORADO COUNTY, CALIFORNIA.
12. The recorder shall keep a copy of the mining laws of Kelsey district posted all the time in some public place in the town of Kelsey.
13. The recorder shall be entitled to a fee $1.00 for each recording of a claim, and the sum of 50 cents for each transfer of purchase.
CHARLES ORVIS, President.
U. J. B. V. MONSIMER, Secretary.
However detailed, these laws seemed to be yet in- sufficient, and but a short time afterwards, at another meeting of the miners of the same district, Lewis M. Brown was called to the chair and U. J. B. V. Mon- simer appointed secretary, and the following articles, in addition to the above law-instrument, were unani- mously adopted :
10. All claims now held in the district shall be re- corded anew, free of charge, on or before the tenth day after the water shall have commenced running in the ditch of the Kelsey Water Company.
II. The recorder shall immediately open a new book, and at the expiration of the time allowed by the preceding article to record the claims now held in the district, the old book shall be destroyed.
12. Substitute rr of the old form.
13. Substitute 12 of the old form.
14. The recorder shall be elected on the rst of January of each year by a plurality vote by the miners of the district, and shall hold his office for one year, unless removed by the vote of a majority of said miners. In case of a vacancy, a recorder shall be elected as soon as possible to serve the unexpired term.
15 and 16. Substituting articles 12 and 13 of the old form. LEWIS M. BROWN, Chairman. URBAN J. B. V. MONSIMER, Secretary.
Difficulties between miners and agriculturalists seems to have occurred from the first start of agricultural work in the mining counties. The miners or their agents being a majority in all the conventions, took advantage of framing the general laws in their own favor, and however small a piece of pasture land or an orchard of a poor fellow might be, if he had not se- cured it by taking up a mining claim, as long as it was located in the mining region and going under the title of mineral land, the miner was bold enough to claim the first right on the ground, and many an unscrupulous fellow jumped into possession of such property, often enough not much better than a steal; but he was backed by the general rule and his robbery was done under the law.
Mr. Foster, of El Dorado, introduced, in the As- sembly of the Legislature in session in 1855 a " Bill for an Act to protect the owners of growing crops,
buildings and other improvements in the mining dis- tricts of the State." The bill provided that any per- son desiring to enter upon and occupy lands for mining purposes that had been previously, and was then, occu- pied by growing crops of grain, grass, garden veg- etables, fruit trees, houses, buildings or other improve- ments, shall first execute a bond to the owner of the crops, buildings or other improvements, conditioned for the payment of all damages that may be sustained by the said owner-the amount of the bond to be fixed by three disinterested citizens, householders in the township, and the same to be signed by two or more sufficient securities and approved by a Justice of the Peace of the township.
That some law for the protection of the agricultural work was necessary will be easy enough to compre- hend by reading the decision of Judge Bryan, rendered in a case of McClintock vs. Bryden, on March 9, 1855. This decision, given in the sense of the ma- jority of the people in the mining districts, is to the effect, that a person settling upon land in the mineral region for agricultural purposes, does so subject to the rights of the miners to enter his enclosure for the pur- pose of extracting gold from the soil, when such entrance is made in good faith and for mining pur- poses only.
Here is another example of a set of laws as plain and intelligible as any:
Mound Springs mining district was confined in its boundaries at a miners' meeting held on February 26, 1857, for the purpose of organizing the district and of making laws for the governing of the same. J. And- rick was elected president and T. H. B. Cann ap- pointed secretary. The meeting, after being called to order, adopted the following articles read by the sec- retary :
I. This district shall be bounced on the north by Weber creek, on the south by Black ravine, on the east by Missouri Flat and Placerville road, and on the west by the old line.
2. The size of a claim shall be roo feet square for surface diggings.
3. Each person shall be entitled to hold one claim by location and as much ground as he may buy, pro- vided he works it according to law.
4. Every man, or company of men, shall, in order to hold his or their claims, work the same at least one day in seven from the Ist of November to the Ist of June.
5. No claim shall be jumpable from the rst of June to the Ist of November.
6. Any company shall have a right to cut a tail- race through adjoining grounds by paying all damages, if any there be.
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7. This district shall have a district recorder, who shall not charge more than 25 cents for recording the claims of any one company.
8. Any man or company wishing to leave during summer shall have his or their claim recorded.
J. ANDRICK, President.
T. H. B. CANN, Secretary.
When the placer mines commenced to get ex- hausted and working the same by far did not pay as before, the miners expected the water companies to come down with their prices for water in an equal proportion; but in this they were disappointed, and the miners of Diamond Springs, El Dorado, Slate Creek, Mound Springs, Missouri Flat, Gold Flat and New- town districts held a mass meeting at Diamond Springs on March 29, 1856, where the following resolutions were passed unanimously :
WHEREAS, In the opinion of the miners heretofore engaged upon the line of ditch, known as the Eureka Canal, the prices of water for mining purposes have not been reduced in proportion to the exhaustion of the mines and the reduced prices of labor, and be- lieving that its real value has fallen in a proportionate ratio with all other property, and being convinced, moreover, that the present exhorbitant prices have a tendency to make the many labor for the enrichment of the few, contrary to our preconceived ideas of equality and justice, we therefore-in a spirit of fair- ness, and impelled by Nature's first law, self-preserva- tion-do resolve:
I. That the action of the officers of the Eureka Canal Company, in adopting and causing to be posted its late regulations, is sincerely to be regretted as be- ing suicidal to the best interests of the company, and insulting and oppressive to the miners.
2. Resolved, That the eighth section in the Regu- lations of the Eureka Ditch Company is unjust, illib- eral and oppressive, and that we repudiate the whole section as a mere financial manœuvre to enable the company to practice fraud upon strangers and gain control of all abandoned mining ground.
3. Resolved, That the ninth section of those regu- lations is simply ridiculous and insulting.
4. Resolved, That if the water of the Eureka Canal Company sold at a fair price is not remunera- tive, and the investment proves unprofitable, and the enterprise a failure, the blame is to be attached to the erroneous judgment of its projectors, and not to the miners. And while we freely give to the present offi- cers and stockholders our heartfelt sympathy, we can never consent to yield them the entire profits of our labor, as many of us have families whose claims we consider far more sacred.
5. Resolved, That we will purchase no more water of the Eureka Canal Company at its present prices, and earnestly request our fellow-miners to unite with us in suspending operations until a reduction is made.
6. Resolved, That, in the opinion of this meeting, the price of water, when used per day, should not ex- ceed 50 cents per inch for "first-class water"; or, when used by the week, four (4) inches for $10, six inches for $15, eight inches for $18, and larger heads as per contract. Second-class water, when taken from ditch or reservoir of the company, should not exceed thirty-three and one-third (3373) cents per inch, or by the week, twenty-five (25) cents per inch per day.
7. Resolved, That a committee of three from each mining district be appointed by the chair, whose duty it shall be to confer with the officers of the Eureka Canal Company, whenever said company signify their willingness to discuss the prices of water.
8. Resolved, That, as our object is justice to our- selves, with no infringement on the rights of others, our committee be instructed and requested, in all communications with the company, to be governed by the strictest rules of right and courtesy-that, while they seek the advancement of our interests as miners, they may preserve our dignity as gentlemen.
9. Resolved, That to yield now, without the accom- plishment of our purpose, we would present the inglo- rious and anti-republican picture of the mass bowing to the impecunious will of the few, and while we kissed the smiting hand of moneyed despotism we would justly invite oppression and merit the scorn and contempt of every free heart in the State.
10. Resolved, That we hereby pledge our lives, our fortunes and our sacred honor to adhere strictly to the foregoing resolutions, and to suspend all mining opera- tions until a reduction is made in the prices of water.
H. H. WEST, Chairman.
F. S. DAVENPORT, Secretary.
This shows us miners on the rampage, taking up the fight of labor against capital, the first action in the great war towards the suppression of monopolism. And they meant what they said, as may be seen by the laws of some mining districts thereafter framed with reference to the water question.
Those objectionable "Regulations of the Eureka Canal Company " read as follows:
I. All water must be measured at the ditch or res- ervoir from whence it is drawn, for which purpose gauges will be furnished by the company.
2. Water drawn from any race, flume or reservoir of the company, supplied directly from the main race, is considered as "first-class," and will be priced ac- cordingly.
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HISTORY OF EL DORADO COUNTY, CALIFORNIA.
3. Water after being used and again taken up in lower ditches is considered second-class and will be priced accordingly.
4. No person will be permitted to draw water without first having obtained permission from the water agent to do so.
5. Water used in cleaning up must be paid for the same as that used for any other purpose.
6. If water is used at all, a half day's rent will be charged.
7. All water bills must be paid every Saturday night, and the water will be shut off from those in ar- rears.
8. No purchaser, jumper or taker-up of a piece of ground or claim shall have the use of water on any piece of ground or claim bought, jumped or taken up, so long as the Canal Company has unpaid water bills against the claim or piece of ground or against the person or persons selling or allowing the claim or piece of ground to be jumped or taken up, or eitlier.
9. A complete list of all persons or companies in arrears to the Canal Company will be exposed in the canal office, and corrected every week for the informa- tion of those interested.
At a general meeting of the miners of Gold Hill district, on January 19, 1858, to make a new code of laws for their future government, etc., R. J. Tyler was called to preside as a chairman, and David McCausland was appointed secretary.
After the laws were framed for the government of the miners, and the working of the mines in the dis- trict, the following resolutions were submitted for the consideration of the meeting, and approved without a dissenting voice.
Resolved, That we, the miners of Gold Hill district, pledge our honor, one to the other, that we will not buy, use, nor will we allow others to buy, use or pay for any water running in or from the Gold Hill canal, until the price of water is reduced to twenty-five cents per inch.
Resolved, That we will not allow any agent of the Gold Hill Canal Company to locate any claims in this district, for the purpose of speculation, by selling the same to persons not eligible to citizenship, as they have done heretofore.
R. J. TYLER, President.
DAVID McCAUSLAND, Sec'y.
This last resolution, for the first time makes men- tion of the more and more growing evil against which the miners found it necessery to fight, the Chinamen n the mines.
The miners, in a mass-meeting, assembled at Dia- :nond Springs, December 25th, 1858, adopted the fol- lowing preamble and resolutions :
WHEREAS, The great influx of Chinamen into this district, and the large number of mining claims occu- pied by them to the exclusion of American citizens ; and, whereas, it has become the established policy of Wm. P. Scott, superintendent of the Eureka Canal Company, to allow Chinamen water at a cheaper rate and in preference to white men, for sinister motives ; and, whereas, the Chinamen are continually commit- ting outrages upon the miners in the district, by rob- bing sluices and plundering their cabins, their im- mediate expulsion has become necessary ; therefore,
Resolved, That the Chinamen in Diamond Springs Township, south and west of the village of Ringgold, who have not purchased claims (bona fide) before this date, be notified to leave the mines, in the aforesaid portions of said township, whithin ten days after such notice be given them, and in case of their refusing to comply within the ten days, we will oust them and convey them beyond the limits of this district.
Resolved, That no Chinamen be allowed to take up, purchase, or otherwise occupy any mining claims in the aforesaid district, except those provided for in the next resolution.
Resolved, That all Chinamen who have purchased claims (bona fide), and are now working them, be allowed to work out their claims unmolested, and then depart beyond this district without delay.
Resolved, That we pledge ourselves each to the other, that we will enforce the foregoing resolutions- peaceably, if we can, forcibly if we must.
Resolved, That a copy of these resolutions be for- warded to the county papers, etc, for publication of the same.
The miners of the vicinty of Placerville, on the 12th of July, 1859, for the same purpose, held a meet- ing at the Placerville theater, where W. P. Early was elected president, Hamilton McCann and George Griffin, vice-presidents, and Benjamin Meacham ap- pointed secretary.
The president clearly stated the object of the meet- ing, and Mr. Wicks offered the following resolutions which were unanimously adopted :
Resolved, That we consider the present rates charged by the South Fork Canal Company for water exorbitant and ruinous to the mining interests, and destructive of the prosperity of the community.
Resolved, That this meeting remonstrate against the practice of the company or its agents holding un- occupied ground responsible for water bills contracted by former occupants, considering it an infringement on our rights; that to the miner belongs the privilege of prospecting and working all unoccupied ground.
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Resolved, That we are opposed to agents of any company speculating in claims, especially taking up and selling to the Chinese.
Resolved, That we repudiate the idea of granting to ditch companies fifty feet on each side of their ditch as right-of-way, as asked for by the convention of ditch owners held at Sacramento, for the reason that it would effectually and forever prevent any competition in water in the mines.
Resolved, That competition in water is the only sure and permanent relief against the abuses complained of, and certain means of developing our mines and increasing the permanent welfare of this community.
On motion of Mr. Wicks, a committee of three was appointed by the president-consisting of L. D. Wicks, W. R. Chapman and E. Searles, to wait upon John Kirk and receive proposals for bringing in a new ditch.
A committee of one from each mining district on the line of the South Fork Canal were appointed for the purpose of conferring with Mr. Kirk for prelimi- nary arrangements : James Elliott, Coon Hollow ; W. P. Early, Spanish Hill ; L. D. Wicks, Reservoir Hill; Benj. Meacham, Smith's Flat; John Wade, White Oak canyon; S. Wallace, Cedar Hill; J. Stadden, Texas Hill; G. W. Griffin, Cold Springs ; W. Pryde, Johnson's canyon, were elected.
W. P. EARLY, President. H. McCANN, G. W. GRIFFIN, Vice-Presidents. BENJ. MEACHAM, Secretary.
The following may serve as a sample of laws con- cerning quartz mining :
LAWS OF GEORGETOWN MINING DISTRICT.
ARTICLE I. This district shall be known as the Georgetown Quartz Mining district, and bounded as follows, to wit : Commencing at the south-west corner of Georgetown School district, thence running east along the southern boundary of said district to Bear creek, thence up Bear creek to a point south of Rich- ardson's new mill, thence north to Otter creek, thence along the south bank of said Otter creek to the Mid- dle Fork of the American river, thence westerly along said river to the mouth of Canyon creek, thence south to the place of beginning.
ART. 2. The size of claims to each person locating shall be 200 feet of or on any quartz lode or ledge in- cluding the dips, spurs, angles and all surface ground and minerals which may be contained within the space of one hundred and fifty feet on each side of said ledge or vein located ; but no company's claim shall exceed 3,000 feet in length on any vein or ledge
Sec. 2. The discoverer of a vein or lode of min- eral shall be entitled to one (1) claim for his dis- covery.
ART. 3. All notices of claims located, whether in- dividual or company, shall describe the locality of said mine, the number of feet claimed, the point where the measurement commences, and name of the lode or company locating.
ART. 4. Said notice shall be posted on the lode and shall hold the claim for ten (10) days from the date thereof, without record, but no claim shall be held valid without record after the expiration of said time, unless labor is being done on said claim.
ART. 5. All notices of quartz mining claims are required to be recorded unless labor is being done on the claim, by a recorder elected by the miners or Georgetown Quartz Mining district.
Sec. 2. Said district recorder shall keep a book, record all claims, copy the notice and give the names of the members of each company.
Sec. 3. It shall be the duty of the recorder to go upon the ground and define the claim, measuring and staking the same, and he shall receive for such service the sum of fifty cents for each name, and if not re- quired to perform such service to receive twenty-five cents only.
ART. 6. Any person or corporated company loca- ting a mining claim within this district, shall be re- quired to do actual labor upon each and every claim not exceeding twelve (12) hundred feet, and a propor- tionate amount for larger or smaller claims, the sum of fifty (50) dollars within sixty (60) days from the date of record, and one hundred and fifty (150) dollars within six (6) months from the date of record, and a like amount for every additional six (6) months, until the sum of five hundred (500) dollars shall have been expended.
Sec. 2. Whenever the sum of five hundred (500) dollars shall have been expended in the prospecting or developing of the mine, whether by sinking shafts, running tunnels, cuts or drifts, whether in the ledge or in the direction thereof, designed practically to de- velope the claim, then and thereafter for the term of two (2) years, said claim shall be held by the parties performing or expending the said amount, but no labor being performed for the period of two (2) years the said claim shall be considered abandoned and subject to re-location.
ART. 7. The recorder shall hold office for one (1) year, and until his successor is elected.
ART. 8. The annual election shall be held on the last Saturday of November, at 7 o'clock P. M., in the village of Georgetown, of each year ; and at said elec-
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tion the recorder shall be elected by ballot, and it shall be the duty of the recorder to give due notice of said election.
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