Stoakes v. Barrett & Co.

Citations

• 5 Cal. 36

Syllabus

<p>Tlie mines of goM and silver in this State are the property of the State, and the policy of legislation permits all persons to work for these metals.</p> <p>Although the State is the owner of the gold and silver found in the lands of private individuals, as well as the public lands, yet to authorize an invasion of private property in order to enjoy a public franchise, Would require mol'd specific legislation than any yet resorted to.</p> <p>Where the question is confined to the public lands, there is nonnecessity to resort to any construction to determine the right which the law confers. The Legislature has passed an Act which gives permission to all persons to work the mines upon public lands, notwithstanding they may be in tlie possession and enjoyment ol another for agricultural purposes.</p>