Sierra County CA Archives History - Books .....Extent Of A Mining Claim 1882
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Joy Fisher sdgenweb@gmail.com January 20, 2006, 10:06 pm

Book Title: Illustrated History Of Plumas, Lassen & Sierra Counties

EXTENT OF A MINING CLAIM.

   The following peculiar court opinion is ascribed to a Downieville justice,
though to whom the credit belongs of the brilliant decision no one is able to
decide. When the county seat had reached its zenith -of prosperity, a man began
building a house on Jersey flat. Before the work had progressed very far, he was
notified by another party not to build, as the ground was his mining claim, and
he intended to work it before long. No attention was paid to his warning, and
the building was completed. Mining was soon begun near the structure, and day by
day the earth was torn away and washed for the precious metal. Steadily the
foundations of the house were undermined, until it scarcely could preserve its
equilibrium, and the owner ran considerable risk every time he entered it.
Matters were now in a suitable shape for a lawsuit; attorneys looking for a job
easily induced the house owner to rush into court, and W. S. Spear was retained
by the plaintiff. During his argument before the court, he was asked by the
judge if he admitted that his client had been notified not to build his house
there. "Yes sir," he replied, but unabashed, continued to argue his case. Again
the judge interrupted him with, "Mr. Spear, what is the use of all this talk?
You have admitted that your client has no redress in law." Still the persistent
attorney kept on, and would not be silenced. At last the judge jumped up and
blurted out:

   "It is the opinion of this court that a mining claim reaches up to heaven and
down to hell. Now, Mr. Spear, if you can't get above or below that, please sit
down."


Additional Comments:
Extracted from:

Illustrated History of Plumas, Lassen & Sierra Counties

San Francisco: Fariss & Smith
(1882)

File at: http://files.usgwarchives.net/ca/sierra/history/1882/illustra/extentof289ms.txt

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