Hicks v. Bell

Citations

• 3 Cal. 219

Syllabus

<p>Actual possession of a portion of a mining claim, according to the custom of miners, in a given locality on the Tuba River, extends by construction to the limits of the claim, held in accordance with such customs. '</p> <p>The jurisdiction of the District Court is confirmed and defined by the constitution, and no statute can deprive it of its powers.</p> <p>Although the jurisdiction of mining claims is given to Justices of the Peace, that of the District Court remains unaffected, if the amount in controversy exceeds @200.</p> <p>The United States, as owner of land within the limits of a State, only occupies the position of any private proprietor, with the exception of exemption from State taxation.</p> <p>The mines of gold and silver in the public lands are as much the property of the State, by virtue of her sovereignty, as are similar mines in the hands of private proprietors.</p> <p>The State, therefore, has the sole right to authorize them to be worlted, to pass laws for their regulation, to license miners, and to affix such terms and conditions as she may deem proper to the freedom of their use.</p>