Tartar v. Spring Creek Water & Mining Co.

Citations

• 5 Cal. 395

Syllabus

<p>The right to mine for the precious metals can only be exercised upon public lands ; and although it carries with it the incidents to the right, such as the use of wood and water, those incidents also must be of the public domain.</p> <p>A prior appropriation of the public domain establishes a quasi private proprietorship, which entitles the owner to be protected in its quiet enjoyment against all the world but the true owner, except in the case of agricultural and grazing lands, as against the privileges granted to miners.</p>