(DOWNLOAD) "Mining Company v. Boggs" by United States Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: Mining Company v. Boggs
- Author : United States Supreme Court
- Release Date : January 01, 1865
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
Mr. David Dudley Field, representing here the defendant in error, having moved to dismiss the case, as not within the provision of the statute, and stated fully the grounds of his motion2 –to wit, that it must clearly appear on the record that an authority exercised under the United States was distinctly presented–that it 'did arise and was applied'–and that the decision was against the authority so set up; and arguing that a mere forbearance by the government to assert rights was not an 'authority' to take the minerals–Mr. Reverdy Johnson was heard contra: He contended that, by the laws of Mexico, from which this region came to us, a grant of the mere land did not carry the minerals under it; that the law of England was apparently the same as respected the government, and that this appeared by the Case of the Mines reported by Plowden;3 that in the case at bar, the grant by the United States to Boggs's lessor, Fr emont, had passed no metals; and that, so far as Fr emont was concerned, these still belonged to the United States. He referred to the fact, as well known, that a special system of law had grown up in the mining States, by which possessory claims, though perhaps, in a view purely abstract, trespasses against the United States, had been long impliedly protected and upheld by the National Government, and had recently been even the subject of protection by statute.4 This court had also recognized the value of such claims independently of the statute. In Sparrow v. Strong5 the court said it was impossible to shut our eyes to the public history which informs us that, under Territorial and State legislation, and 'not only without interference by the National Government, but under its implied sanction, vast mining interests have grown up, employing many millions of capital, and contributing largely to the prosperity and improvement of the whole country.' It was of course under this implied authority from the government that the Mining Company rested their case, as to one of its defences, in the court below. The lands were confessedly mineral lands. The suit was for the mines as well as for the lands.