USA > Colorado > Gilpin County > Early Records of Gilpin County, Colorado, 1859-1861 > Part 5
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Resolved, By the miners, mill men, and citizens, in mass meeting assembled, That the following sections shall be the law by which said Consolidated Ditch Co. shall be governed :
Sec. 1. The Consolidated Ditch Company have the right, established by priority of claim, to bring in and sell their water to all persons applying for the same, when wanted for mining or milling purposes.
Sec. 2. The Consolidated Ditch Co. are not, have not, and shall not be deemed liable for any damage that said water may cause after it leaves their gates, by reason of its legitimate use.
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GILPIN COUNTY RECORDS
See. 3. All injunctions against the flowing of said water through the Company's Diteh, or its sale and delivery to min- ers and mill men, are hereby deelared void.
See. 4. That while we deem the priority of right of elaim, and the right to sell water without liability, in aeeord- ance with the foregoing resolutions, elear in the Consolidated Diteh Co, we would ask of the eompany, and recommend, that they should be at all times ready to give and effeet any compro- mise which will not interfere with their prior rights, as em- bodied in their eharter, with any persons who may be damaged by the use of the water.
The whole of the above resolutions being put to vote, sepa- rately, were unanimously adopted by the meeting, after being spoken upon by Messrs. Morton, Gray, Hambleton, Rankin and Col. Wood.
On motion, it was unanimously resolved that the proceed- ings of this meeting be published in all papers in the Territory.
On motion, the same were ordered to be transmitted to the Consolidated Ditch Co. by the Seeretary, with a request to see the resolutions abided by.
On motion, it was ordered that the same be transmitted by the Seeretary to the proper officer in each distriet for record and referenee.
On motion, the thanks of the meeting were unanimously tendered to Judge Gorsline, for the able and gentlemanly man- ner in which he presided over the meeting.
Adjourned.
Edward P. Peters, Sec.
MINERS' MEETING.1
A mass meeting of the citizens of Gregory, Enterprise, and other districts throughout the mountains, was held at Moun- tain City, on the 22d day of April, 1861.
Judge H. P. A. Smith called the meeting to order, where- upon, Judge Robert Wilkinson of Enterprise was elected Chair-
1 Daily Rocky Mountain News, April 30, 1861, p. 2.
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GREGORY DISTRICT
man, and C. C. Post and George Ainslee, Secretaries. By re- quest, Judge H. P. A. Smith stated the object of the meeting and said that sinee, through the misrepresentations made at a meeting held at Central City on the 20th inst., the citizens of Nevada and other gulehes were made to believe that the result of the verdiet of the jury in the ease of the Black Hawk Mill Com- pany vs. the Consolidated Ditch Company would prevent said Ditch Company from furnishing water to any of the mills in Nevada or other distriets, and by such misrepresentations, said meeting, held in Central City, adopted a series of resolutions virtually annulling the verdiet of the jury in said ease, and re- pudiating the Government from which said Diteh Company received their charter and the court in which said ease was fully and fairly investigated; that the meeting was called for the pur- pose of setting the matter right before the people, and that the result of the verdiet, rendered in said ease and all that was asked for by the citizens of Gregory and Enterprise was to prevent the ground sluieing and use of hydraulies in Spring Gulch, that there were never more than twenty-five or thirty men interested in Spring Gulch, while, on the contrary, were they permitted to continue their ground sluieing, the property of thousands of men in Gregory and Enterprise districts would be completely ruined by the sand which has been and would continue to be washed down on them.
On motion of Col. Sam. MeLean, the chair appointed a committee of thirteen on resolutions, consisting of the following gentlemen : C. R. Bissell, W. H. Bates, D. S. Parmelee, Judge A. Wilson, Gregory; Thos. Carleton, H. P. Cowenhoven, A. E. Buekmiller, C. W. Fisk, Enterprise; J. A. Hale, Judge Wells, Chase's Gulch; Dr. S. B. Thompson, Dr. E. S. Leavitt, Ne- vada; John C. Anderson, Fall River.
The committee retired, and the meeting was addresed by several gentlemen. The committee returned, and reported the following resolutions.
Whereas, The Consolidated Ditch Company received its charter from the Provisional Government of Jefferson Terri- tory, and have heretofore recognized said government and the
.
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GILPIN COUNTY RECORDS
courts established under it by prosecuting and defending suits in said courts, and it appearing that certain damages were in- curred by parties, through the act of said Ditch Company, for which suit was instituted in the District Court of the Provi- sional Government, and upon the trial of the same resulted in favor of the damaged parties, and it appearing further that the decision of said court and the authority under which it acted is now attempted to be abrogated by said Ditch Company, who have through themselves or their agents by false representations and unjust means succeeded, through a meeting of miners held at Central City, in bringing about a state of affairs, which, if sustained and carried out, are calculated to produce serious and irreparable injury to the citizens of Gregory and Enterprise Districts, therefore be it
Resolved, That, as citizens of Gregory and Enterprise Dis- tricts, in Mass Meeting assembled, we have rights and privileges as dear to us as are the rights and privileges of any other sec- tion of the mining region, and that those rights and privileges have been invaded, and our property injured and destroyed by the said Ditch Company, and that said Ditch Company has violated the charter under which it claims to act by attempting to set at naught a decision in favor of the Black Hawk Mill Company, in a court of the Provisional Government.
2d. That the verdict of the jury in the case referred to, merely allowed damages for the plaintiff, and that the trial had no reference at all to the giving of water to the citizens of Ne- vada, or any other gulch except Spring Gulch, and only pre- vented said Ditch Company from giving water to said gulch for the purpose of ground sluicing and using of hydraulics, and that the use of Nevada Gulch is not what we complain of, as it has done us no injury ; but we complain of the letting in of the water on Spring Gulch, as the cause of all the injury inflicted on us.
3d. That if representations were made of miners and mill men to the effect that the decision had in the case of the Black Hawk Mill Co. vs. The Consolidated Ditch Co., would virtually prevent the inhabitants of Nevada or any other gulch (with the
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GREGORY DISTRICT
exception of Spring Gulch) from obtaining water as they have obtained it heretofore, we, knowing the facts, pronounce said representations false, and assert that they were made to deceive the people whose assistance they craved to carry out their unjust ends, and that the refusal of the Ditch Co., on account of the decision referred to, to give water to the people of any gulch, was donc through unmanly motives, in order to incense the min- ers and lead them to believe that the necessity of the case re- quired their interference.
4th. That we bear no enmity to the Consolidated Ditch Co., and have no objection to the running of the water from their ditch down through Gregory Gulch into North Clear Creck, provided they will so regulate the same, by preventing ground sluicing and the use of hydraulics, as not to injure us and our property by submerging it in sand and gravel.
5th. That if the Consolidated Ditch Co. continue in set- ting at defiance the mandates of our Courts, we will unite as one man with the citizens of Fall River, Clear Creek, Russell's Gnleh and all other places that are injured by the running of the water thro' said ditch, and ever hold ourselves in readiness to protect and enforce the law, and if that fail to resort to such means as may be necessary for the protection of ourselves and property.
After the above resolutions were fully discussed they were adopted unanimously.
A motion was then made and carried that a copy of the above resolutions be sent to the Presidents of the different Dis- tricts throughout the mountains, and that the proceedings of this meeting be published in all the papers in Colorado Terri- tory.
On motion, the meeting then adjourned.
R. Wilkinson, Pres't.
Charles Cr. Post, George Ainslie,
Secretaries.
---
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GILPIN COUNTY RECORDS
LAW OF JUNE 3, 1861.1
Be it enacted by the people of Gregory District in General Miners' Meeting assembled.
1st. That from and after the 3rd day of Jne A. D. 1861. the boundaries of Gregory District (by and with the consent of Enterprise District) be so changed as to include all of Enter- prise District. And the Teritory heretofore comprising the Districts of Gregory and Enterprise be erected into one mining District and shall be designated by such name as may be deter- mined upon by a joint Meeting of the Citizens of Gregory & Enterprise Districts
2nd. That George W. Brizee D. S. Parmlee C. B. Clem- ents J W Colver and Cooper be and are hereby made and appointed commissioners to meet at some convenient place at Black Hawk Point the same number of Commissioners to be appointed by the people of Enterprise, whose duty it shall be to Revise and Harmonize the Laws of the two Districts, and shall report a complete set of laws to govern the two Districts so united at a meeting to be Held at Gregory Point on Saturday Evening the 1st day of June AD 1861 at early candlelight
PRIMARY MEETING,2
Pursuant to notice the citizens of old Gregory met in Con- vention at the Court House in Mountain City.
The meeting was called to order, and by motion of H. C. Edwards Mr. D. S. Parmlee was chosen chairman, who in a brief address, after reading the call, stated the object of the meeting to be to elect delegates to represent Gregory District in the Territorial Convention, to be held in Denver, on the 22d inst., for the purpose of nominating a "People's Candidate," for Delegate to the 37th Congress.
On motion of A. Sisson, C. C. Post was chosen Secretary.
On motion of J. W. Russell, the Chair appointed E. G. Bissell, Capt. W.,H. Bates and Judge Wilson, a committee to
1 Loose sheet in Grantee Index.
2 Daily Rocky Mountain News, July 20, 1861, p. 2.
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GREGORY DISTRICT
present the names of persons for delegates to said convention. while the committee were out Thos. Hunter, L. Belden and oth- ers, addressed the meeting.
The committee returned and reported the names of Dr. A. A. Craine, John Morris, A. Wilson, M. Storms, O. S. Levis, Samuel McLean and G. Watson Brizee, as suitable persons for delegates to said convention.
After the report was received, and committee discharged, on motion of L. Belden, each person was balloted for separately, and the result of the balloting was the election of the persons whose names were reported by the committee, as delegates to said convention.
On motion of Samuel Toner, Esq., the delegates were au- thorized, in case any of them could not attend the convention, to substitute by written authority some one to act in their stead.
Cap. Bates offered the following resolution, which, after being discussed by Judge Wilson, C. C. Post and others, was unanimously carried :
Resolved, That our Delegates be instructed not to be tena- cious for any favorite candidate, but to use all honorable means in their power to nominate some man who will beat Hiram P. Bennett, or an other partizan candidate.
On motion of Capt. Wm. H. Bates, the Denver papers were requested to publish the proceedings of this meeting.
On motion the meeting adjourned until Wednesday even- ing, to receive the report of our Delegates.
Chas. C. Post, Sec'y.
Dan'l S. Parmlee, Pres't. July 18th, 1861.
RUSSELL DISTRICT.
LAWS OF JUNE 18, 1859.1
Be it Resolved.
That a district beginning at the month of "Willis" branch, including said ravine, from thence on the di- vide between "Clear Creek" and Russell ravine, thence on di- viding ridge to claims known as the Illinois Co's and from thence on divide to place of beginning be and is hereby consti- tuted an independent mining district to be known as the Russell Diggings and that the following rules be adopted for the govern- ment of the mines
Rule First
No miner shall be entitled to hold more than one Gulch or ravine claim and one mountain or lead claim, except by pur- chase or discovery and in case of purchase, the same shall be attested by at least two disinterested witnesses and shall be re- corded by the secretary within five days after the sale and the secretary shall receive in compensation a fee of fifty cents.
2nd Each mountain claim shall be one hundred feet in length on the lead and fifty feet in width. Gulch claims shall be one hundred feet in length on Stream and from bank to bank, except in flats or when there is no running water, in which case claims may be one hundred feet square.
3rd Each Hill claimant shall be entitled to one sluice or tom head of water provided it does not interfere with the quan- tity of water necessary to wash with Tom 2 or sluice in the ra- vine, priority of claims always taking preferance.
4th No claim shall not [sic] be good or valid unless it be staked off and the name of the owned appear conspicuously upon it, when claims are held by a Co. the name of each mem- ber must appear.
1 Manuscript found among the Teller Papers.
2 An inclined trough in which gold-bearing earth or gravel was washed.
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RUSSELL DISTRICT
5th All claims shall be worked within six days from the time they are staked off, in case they are in a condition to be worked-otherwise forfeited-discovery claims excepted
6th When the member of a company shall be at work on one claim of the Co., the remaining claims shall be considered as worked, by notice being posted conspicuously upon them, and in case of notices being removed or destroyed when witnesses of the fact of notice having been posted cannot be obtained the oath of the party posting such notice shall be taken as evidence.
7th Each discovery claim shall be worked as such and shall be safely held whether worked or not
8th Priority of claims when honestly carried out shall be respected
9th When disputes in regard to claims or other matters shall occur a meeting of the miners shall be called whose duty it shall be to attend, and when convened a chairman shall be chosen and a jury of six disinterested men appointed by the chair, who shall have power to decide said disputes and the chairman shall be empowered to administer oat[h]s to jurors and witnesses.
10th The secretary of this district shall be elected by the people and it shall be his duty to keep a Book in which he shall record all claims that may be presented to him for record upon the payment of a fee of fifty cents, and miners desiring their claims recorded must file with the Secretary a full written de- scription of said claim with date of staking etc. and such book shall be at all times subject to the examination of any miner and shall be used as evidence in cases of disputes.
11th The foregoing laws may be altered or amended by calling a meeting of the miners. Notice of the same being posted in at least three conspicuous places and three days in ad- vance
AUGUST 9, 1859.
Resolved
That All claims now held by miners, shall be held good and valid by having them recorded before leaving the country or within six days after quitting work thereon until the fifteenth
3
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GILPIN COUNTY RECORDS
day of June next, and that any and all claims purchased or held by purchase where a valuable consideration is paid, by having the same recorded shall be held until that time and that all claims taken under the old and first laws of this district shall be held as valid to the owner or owners as when taken Resolved
That the most natural marks belonging to each miner's claim together with the boundaries of claims adjoining thereto with name of the Gulch, Flat or Hill shall be a valid descrip- tion and lawful defining of claims upon record, and that no Ex post facto law shall interrupt or effect the right of the miners in their claims as they are now understood and located
OCTOBER 8, 1859.
1st Resolved. That any person or persons driving a Tun- nell in said district shall be entitled to 400 feet in length and 300 in width as surface claim at the mouth of said Tunnel for Tunnel deposits
2nd All persons driving a Tunnel shall be entitled to 800 feet on each and every lead from the mouth to the terminus of said Tunnell and at any place or places that they may see proper to locate their claims on said leads not interfering with previous claimants.
3d It shall be the duty of all persons driving Tunnels to post notices giving their terminus and direction at the mouths of their tunnels.
4th The location of all tunnels shall be recorded together with their direction and terminus
5th When tunnels are legally located it shall be consid- ered that the tunnel company shall have a priority of right to locate their claims within a distance of 400 feet on each side of the line of their tunnel on all leads from its mouth to its termi- nus or on such portion of the tunnel as may be in this district.
6th Said tunnels shall be governed by the laws that all other lead diggings are governd by in said district. 1
1 This paragraph was followed by a statement of boundaries. The statement was incorporated in the Laws and Regulations of July 28, 1860.
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RUSSELL DISTRICT
MARCH 24, 1860.
Resolved that Rule first of the Laws be so Amended as to read, No miner shall be entitled to hold more than one Gulch or Ravine claim one Mountain or Load Claim one Patch and one Bank claim, except they be Represented by him or agent in working on the same after the 15th day of June next.
Resolved, That each miner may hold a Load Claim till the 30th of September next or till proper Machinery can be had to work them, and a Patch claim and a Bank claim untill water can be had to work them.
MEETING AT RUSSELL'S GULCH.1
At a mass meeting held in Russell's Gulch Oct. 21, 1859, Mr. R. R. Cowan was chosen chairman and J. A. Woodmancy secretary.
On motion, Messrs. Mark A. Moore, Edwin James, J. A. Woodmancy, B. F. Chase and D. C. Vance were appointed a committee to draft resolutions expressive of the views of the meeting and report the following preamble and resolutions, which were unanimously adopted :
Whereas, the merchants of Denver and Auraria have passed certain resolutions fixing the value of our gold dust at fifteen and seventeen dollars an oz., and declaring their deter- minations not to receive it in exchange for goods at a higher value.
And, whereas, we the people and miners of Russell's Gulch are well assured that it is worth more, and feeling as we do, that merchants furnishing us goods have no right whatever after making their profit on their goods to speculate upon our dust, and feeling our entire ability by concert of action to protect our- selves, do, in mass meeting assembled, declare and resolve :---
1. That we condemn entirely the actions of the merchants of Denver and Auraria in this matter, and will not submit to their dictation.
1 Rocky Mountain News, Nov. 10, 1859, p. 1.
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GILPIN COUNTY RECORDS
2. That we will in all practicable cases absolutely refuse to do business with, or buy goods of, not only the merchants of Denver and Auraria, but all others who refuse to take our dust at the old prices of $16 and $18 per oz.
3. That we hereby pledge ourselves to support, as far as practicable, mountain dealers so long as they continue to take our gold at its value, and will if necessary aid and assist them in procuring goods, and freighting them from the States to the mountains.
4. That in case our mountain supplies should prove insuf- ficient for our wants, we will furnish means, provide teams and men, and obtain our supplies direct from the States.
5. That these resolutions are no idle threat to intimidate, but are the cool deliberation of determined men, and by them we will abide, and in their spirit we will act.
6. That a committee be appointed by this meeting to take the initiatory steps and make the preliminary arrangements for making these resolutions practicable and effective, and that they be requested to report progress at our next meeting.
7. That the proceedings of this meeting be published in the Rocky Mountain News.
M. A. Moore, E. James, J. A. Woodmancy, D. C. Vance,
Committee.
Messrs. John McIntire, M. A. Moore, B. F. Chase, Edwin James and John Cochran were elected to compose the committee contemplated in the 6th resolution.
And on motion the meeting adjourned for one week.
R. R. Cowan, Chm'n. J. A. Woodmancy, Sec'y.
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RUSSELL DISTRICT
LAWS AND REGULATIONS ADOPTED JULY 28, 18601
At a meeting of the miners of Russell District held at the Recorder's Office on Saturday, July 21st, 1860, for the purpose of amending and revising the Laws of said District, J. T. Place was, on motion, elected chairman of said meeting. On motion a committee of nine were appointed to examine the present Laws and report to this meeting such amendments as they deem proper, on Saturday, July 28th, 1860, at one o'clock, P. M. The following gentlemen were appointed such committee: Messrs. Butler, Leonard, Stafford, Fassett, Rogers, Lyons, Shaw, McBride and Koester.
At the adjourned meeting held on July 28th, 1860, Mr. Win. M. Baker was elected chairman, E. H. Rogers and Koester, secretaries.
The committee appointed at a previous meeting reported the following code of Laws, which were adopted.
Wm. M. Baker, Chairman.
E. H. Rogers, - Secretaries.
Koester,
BOUNDARIES OF RUSSELL DISTRICT.
BE IT RESOLVED, That a District beginning at the mouth of Willis Branch, including said ravine, from thence on divide between Clear Creek and Russell Ravine; thence on summit of ridge between Illinois Gulch and Leavenworth Gulch, the two rocky knobs on the divide being the line, extending past the mouth of Illinois Gulch to the Willis Branch; and that three thousand feet on the North side of the ditch from its mouth to its head, shall be the North-West boundary. Said District to be known as "Russell District."
1 Russell District, Laws and Regulations of the Miners of . . . with the Boundaries, Court Rules, etc., adopted July 28th, 1860. Denver, J. T., Rocky Mountain News Printing Company, 1860. This was found among the Sayre Papers. The code was largely borrowed from the Gregory Dis- trict laws of February 18 and 20, 1860, but there are so many minor differ- ences that it seemed advisable to print the entire code.
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GILPIN COUNTY RECORDS
We, the President and Secretary of the Convention, held in Mountain City,1 certify the above to be a true copy of the boundaries of Russell District.
Thomas Doggerty, Sec'y.
Geo. W. Brizee, Pres't.
AN ACT IN RELATION TO THE OFFICERS OF RUSSELL DISTRICT, THEIR DUTIES, TERM OF OFFICE, AND FEES.
SECTION 1. Be it enacted by the citizens of Russell Dis- trict, in Convention assembled, That there shall be elected by the legal voters here assembled, a Judge of the Miners' Court, a Constable of the District, and a President of the District, who, together with the Recorder of the District, shall hold their offices till the first Monday of June next, unless they shall sooner die, resign, remove from the District, or be removed from their offices for misconduct, by the citizens of the District ; and on said first Monday of June next, and annually thereafter there shall be an election held for the purpose of electing such officers ; who, before entering upon the duties of said offices, shall take an oath well and faithfully to perform the duties thereof according to the best of their ability. The Recorder shall be ex-officio Secretary and Treasurer of said District.
SEC. 2. It shall be the duty of the President to preside at all public meeting of the citizens of the District when called for purposes relating to public business, and to preside at the trial of causes when required by law.
SEC. 3. It shall be the duty of the Judge of the Miners' Court, to preside at the trial of causes; also at public meetings in the absence of the President-and perform such other duties as the law requires.
SEC. 4. It shall be the duty of the Recorder safely to keep the Books and Records of the District, and to record and file all proper papers upon payment of his fees; to act as Secre- tary at public meetings of the District, and to keep all moneys
1 Mountain City, now parts of Central City and Black Hawk, was laid out by Captain Richard Sopris. He began to build the first house in the town on May 22, 1859. See Bancroft Library MS., Sopris, Settlement of Denver, p. 6.
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RUSSELL DISTRICT
paid into his hands by the Judge of the Miners' Court, to be paid over as directed by the citizens at some public meeting legally called.
SEC. 5. The Sheriff of Arapahoe County shall be vested with the same power by these laws, he has under Kansas laws, but the Constable of the District and his deputies shall be the proper executive officer of the Miners' Court, and is hereby vested with full power for that purpose.
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