The San Francisco call. [volume], August 21, 1899, Page 4, Image 4

About The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913

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MONDAY AUGUST 21, 1899 |
JOHN D. SPRECKELS, Proprietor.
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Chicago.
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NEW YORK REPRESENTATIVE i
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CHICAGO NEWS STANDS.
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BRANCH OFFICES— 527 Montgomery street, corner Clay
Open until 9:30 o'clock. 300 Hayes street, open until
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o'clock- 615 Larkln street, open until 9:30 o'clock.
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ftreet, corner Sixteenth, open until 9 o'clock- 2518
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AMUSEMENTS.
California "A Bachelor's Honeymoon."
Columbia— "A Southern Gentleman."
Tlvolt— "CavaiKrla Rusttoana" and "I'Pagliaccl."
. le."
.. , r ••
Chutes, Zoo and Free Vaudeville every afternoon
and evening.
Olympia. corner Mason and Ellis streets— Specialties.
Sutro Swimming Races, etc.
Chutes and Z*jo— lieut?!H of the Reception Fund. Tuesday
evening. ,
Alhanibra— Our Heroes' Fund Benefit, Wednesday and
Thursday, August T3 and 24.
California State Fall Sacramento— September 4 to 16.
A GREAT DEMAND FOR GOODS
WHILE the commercial agencies report trade
its high pressure pitch of the pan
few months eekly bank clearings indi
cate a relaxation, the gain last week falling to about
19 per cent over the same week last year. This is the
smallest increase for a long time. Still, when the
farmers of Kansas and Nebraska buy 7000 buggies
vagons in three months business must be good.
and when the feature of trade in the latter State ; -;
the active purchasing oi pianos by the same farm
ers, times certainly cannot be called hard. For the
rest, all reports from the Hast and West unite in
saying that the demand for goods of all descriptions
was never better. That for iron and steel is so enor
ers for manufactured products have to
b< delayed owing to difficulty in petting the steel.
The Cramps have laid off many hundred hands and
asked Ku~ n extension of time on the two
warships for this reason. In the iron trade this is a
us case of too much activity for the good of
the trade. Wheat, as indicated in this column last
. has advanced, as the quotations have been
; too low (■ g the conditions of the
- crops, and the export demand has corre
spondingly increased. The wool trade shows no
pause worthy of note, the sales for three weeks be
ing 28,300,000 pounds, against 13,096,500 pounds for
:ne time last year, while a number of line« of .
the manufactured product have again advanced. The
nee in boots and -hoes has not checked the de
. and a further rise in lumber is reported at
several Western markets. In fact, prices for the vari
ous merchandise staples arc advancing with such con
tinuity that business men are beginning to ask how
long the advance can keep up without diminishing
the consumption. This, they say. must come, sooner
or later, but it is not in sight yet. Cotton is the only
staple to show any weakness, and this in the face of
more unfavorable crop reports.
The situation is unique. There is no boom in any
thing as far as can be seen, yet from all quarters of
the country come the same reports of unprecedented
trade activity, week after week. It seems to be a legit- •
rmate inquiry for merchandise for actual consump
tion, for speculation occupies a minor place in this
remarkable activity. Neither is it the usual reaction
after a long period of dullness, for the reaction oc
curred last year. It appears to be a .videspread and
continuous demand for goods, based upon an ex
ceptional condition of general prosperity.
A gratifying feature in this connection is the ea<;
ing off of the London money market, which, several
weeks ago. exhibited indications of a serious strin
gency, not to say panic. The passing of this cloud
is another sign of the healthy expansion in trade, and
cannot fail to increase confidence in the future.
Locally, there is nothing new. The great staples
of the coast still maintain their strong position, and
there is no decline of any consequence in anything.
The export trade is still so active that it is a question
of vessels, not "rdrr-. The domestic trade never was
better at this time of the year. , Money is in liberal
supply and easily procurable by sound borrowers,
collections are up to the average, and there have been
no large failures for -<>me time. Complaints are still
heard of the scarcity of farming hands, but this is
not a bad sign, as it indicates a lively condition of
trade. We lack nothing except a moderate increase
in the price of wheat and it- attendant cereals, and
if we get it we will break all records this year, if,
indeed, we are not doing it even now.
Congressman Gark of Missouri declares that the
people will break the necks of all Democrats who
play false. His warning i^ wretchedly indefinite, but
perhaps he means that Democrats, having a better
knowledge of the situation, intend to break the necks
of one another.
Tf the Spanish war did nothing else it jarred Eu
rope into a painful awakening that we are on the map.
Even Holland insists upon being ridiculous and
wants to lean on Germany as a protector against the
aggression of Uncle Sam in the West Indies.
So it appears after all that the Britishers care less
for their fellows in t,he Transvaal than they do for a
political advantage at home. A war is to be forced
upon the Boers in order that the Conservative party
may strengthen itself in London.
SEAMANS BRAYS FOR THE GOVERNOR
WHEN Governor. Gage appointed W. H. Sea
mans, the oniament.il ass of the orange belt,
to the responsible position of adjutant-gen
eral, The Call expected that some fantastic military
tricks would be played before high heaven. The ex
pected happened yesterday, and the angels wept.
General Seamans made such a show of ignorance
and asininity as was never before seen. The spec
tacle from start to finish, while ridiculous, was yet de
plorable. Appearing before the executive committee
appointed to arrange for a fitting reception of Cali
fornia volunteers, he sought by a great flourish of
assumed military authority to upset the plans adopted
by the citizens of San Francisco and transform the
celebration into an ovation in honor of himself and
the Governor.
The fact should be noted in connection with the
proposed welcome to the troop? that the money to
defray the cost of the celebration has been contrib
uted by the people of this city. The State is not
asked to pay a dollar. It is proposed that the citi
zens shall even pay the cost of transporting the com
panies of militia from the interior to the city. Now,
at the eleventh hour, when all the plans are com
plete. Gage's chief of staff makes his appearance, as
suming authority to remove Major General Shaftei
from the command of the United States troops and
Major General Dickinson from the command of the
State troops. The sublime ass has got the notion
between his ears that the First California Regiment
will be a State organization as soon as the»troops
step from the transport to the land. The First Cali
fornia Regiment was duly mustered into the service
(-■{ the L'nited States at the beginning of the war. and
will remain a United States volunteer regiment until
mustered out When Colonel Duboce of the First
California arrives here he will report to Major Gen
eral Shatter, commanding the Department of Cali
fornia. U. S. A. Colonel Duboee. an intelligent sol
dier, will readily obey the orders of the department
commander.
Senmans expanded himself yesterday before the
committee and "pooh-poohed" Major General Dick
inson, yet in the absence of the Governor the major
general is entitled to command by reason of being
next in rank to the commander-in-chief. Seamans
is a brigadier and Dickinson a major general.
General Seamans during pauses in his military
cavorting told the committee that he was authorized
to speak for the Governor. This was the rir-^t official
information of Gage's decision to pay any attention
whatever to the reception of the volunteers. During
the past month volunteers from other States have
been coming home. The people of San Francisco
assembling on the line (if march from the dock to
the Presidio have cheered the gallant soldiers. Dis
tinguished Governors and eminent citizens have jour
neyed half across the continent to welcome the in
coming troops. All this time Gage elected to stnv
away from San Francisco. He was not here to wel
come the visiting Governors. Californians regretted
that the State's reputation for hospitality had been
tarnished by the indifference of the Governor and
sought to find some excuse for his conduct. He pre
ferred the solace of secret intrigue at Catahna with
Dan Burns and other ofT-color politicians. He did
not have the courtesy to acknowledge the invitation
of the executive committee to assist in the welcome
to the California volunteers. He declined to pro
claim a legal holiday in honor of the return of the
troops, putting forward as reason for his refusal ..
desire that business should not be interrupted. His
conduct throughout has been marked by an utter dis
legard of the common civilities of life. To round
oft his career as a "war Governor," he sends out the
pompous Seamans with orders to change all the
plan; rif the celebration in order to exhibit himself
on land and water.
FARMERS AND EXPANSION.
THE best test of American opinion on impe
rialism is not to be found by polling the readers
of a newspaper on either side of the issue. A
paper as an advocate is sure to influence its constant
readers, and ii it call for an expression of judgment
among them a majority will surely be found with it.
Therefore the true way to find out what the people
arc thinking upon any matter of public importance
is by securing an expression from the readers of a
paper that has been non-partisan to the subject of
inquiry. In Massachusetts is published the most
widely circulated organ of the agricultural and hor
ticultural interests in the country. This journal, The
Farm and Home, recently sent out a postal card in
quiry in every section of the country among its sub
scribers, asking them to say whether they favored
independence and self-government for the Filipinos
or their subjection to us by conquest.. The answers
were as follows:
For i For
Independence. Subjection
New England 1,276 785
Middle States , 8,867 • 2 343
Central West 4,901 3^102
Southern States 1,792 I]OS3
. Pacific Coast 1,684 l'lO3
Total 18,520 8,416
The vote stands, then, among the farmers by the
test so per cent more for independence than for con
quest and subjection.
The same paper then took another vote upon the
independence or annexation of Cuba, and it stood
13.199 for independence and only 7362 for annexation.
As in the case of the Philippines, every section gave
a majority for independence.
A third vote was taken on the question, "In gen
eral, should the United States adhere to or depart
from its former policy of non-interference with na
tions beyond either ocean?"
This is the issue of imperialism and anti-imperial
ism flat. The vote by sections. is very admonitory:
, . Adhere. Depart.
New England 1,578 291
Middle States 3,946 1203
Central West 6.179 1^204
The South 2,065 • 817
Pacific Coast 1,856 572
Total... 15,624 4,087
So the vote is four to one against repudiating the
Declaration of Independence and abandoning, the
Monroe Doctrine. ' ; '
The passing applause which has greeted the ora
tors who have called the Declaration of Independence
an "absurdity" and "a damnable lie" is evidently not
expressive of the feelings of the sturdy rural popu
lation of the country. ' ,
The farmers do not believe that the country has
outgrown the constitution, and they evidently think
that when the flag is to be fought for it should repre
sent the principles for which it has stood from the
beginning.
The farmers are a thinking class, not easily ex-
THE SAN FItAlSr CISCO CALL, MONDAY, AUGUST 21, 1899.
I
cited by pageantry or lifted oft their solid footing by
the tinselry of military glory. It is worthy of note
that the same and allied classes in Europe, sincere
admirers of our republican institutions, feel the same
way.
An American now traveling abroad writes to a
friend in New York that he talked with gentlemen in
Belfast, Edinburgh, Glasgow and many other places
in the British Isles to find among them a general
tone of regret that we should abandon our traditions
and so deprive the world of our good example, which
has been the inciting cause of all public reform in
Europe for a half century. He found among them
universal denial of our current and flippant claim
I that "trade follows the flag," for it follows only on
j better methods and cheaper production.
THE CONDITION OF CUBA-
IT seems to be assumed that officers of the regular
army are the proper judges of the civil policy of
this Government in the administration of the vari
ous islands upon which we are at present practicing.
The army idea carries invariably the necessity for
prolonged military occupation.
Lieutenant Kennon has recently made a report
! upon Cuba. He dwells at great length upon the re
sponsibility we have assumed for the government of
I that island. One learns from him that we are bound
to stay there until the people are fit to operate a gov
ernment such as has never yet existed among men.
All the people must be first educated, and there must
lie such order that crime and change are practically
[ unknown. To show how far away is this ideal condi
tion, he dwells upon the quality of the population.
I two-thirds negro and 83 per cent illiterate. From all
these facts Lieutenant Kennon instructs the people
of this republic that they owe to the world the duty
of keeping Cuba under the administration of a cap
tain-general and the army.
Will the people happen to remember that this army
officer repeats precisely the statements of the Span
ish army officers and gives the Spanish excuse for
I denying the self-government which the Cubans de
manded? because Spain would not yield to the Cu
| bans we impeached lier government, denied the valid
ity of the very reasons which Kennon now asks us
to accept as the foundation of our own policy, and
expelled her from the West Indies. We are no<v
asked to admit the truth of every Spanish claim
which we went to war to oppose. In a year remark
able for its usurpations, its inconsistencies and its
I dangers and dishonors, this demand of the army is
the most startling and the most unpleasant, since it
: cuts from under our feet the sole and only reason by
which we justified our war with Spain.
It maj' not occur to the army, but it will be re
membered by the people that there were just aa many
negroes in Cuba and the same percentage of illit
eracy when our people rushed into war to deliver
I them from military government and Congress de
| clared them to be free and of right independent. The
conditions of Cuba as to the races, and their morals
and merit-, composing her population have not
changed since the policy of this country was sol
emnly declared by Congress. The people intend to
adhere to that declaration. Congress was fully
aware of the condition of Cuba and needs no in
struction from Mr. Kennon. His report was ordered
by the War Department, and the affair looks as if
the army has concluded to go on and do as it pleases
with Cuba, regardless of Congress and the will of
the people. The design of the report is apparent in
its declaration that 75 per cent of the population
should not be trusted with the ballot. This is to
cloak a design for military restriction oi the ballot
and the permission of the franchise to one-fourth of
the people in order to get a vote for annexation and
set up the lying pretense that it is the wish of the
people. As this scheme develops -it will bear
watching.'
RECEPTION week begins to-day and promises
to be the most joyous festival in the annals of
San Francisco. Certainly the city has never
before been so beautifully adorned as it will be this
week, nor was there ever before so large a number
of people directly and warmly interested in any festal
movement of a public nature as in this one.
Contributions to the fund amounted on Saturday
evening to more than $48,000. That means the sum
asked for by the citizens' executive committee will
be given to the last dollar by a generous and pa
triotic people. The subscription, it is to be noted,
has been in every respect a popular one. There have
been comparatively few donations running up into
the thousands. The bulk of the money has come
in small sums and represents the offerings of the
mass of the people.
Unless some accident to the transport check her
progress or some adverse storm of the sea baffle her
in her course, the volunteers will enter the Golden
Gate about the middle of the week. The announce
ment of her arrival will be the signal for the pent-up
enthusiasm of the people to burst forth, and from
that time on it will flow with a full and roaring
strength until the hearts of all have been satisfied
and our heroic boys have been assured of the honor
in which they are held by their fellow citizens.
San Francisco prepares the welcome and defrays
the cost, but she wiH not be alone in the enjoyment
of it. Large numbers of people will come from the
farthest parts of the State to share in the greeting
to the men who in the far-off Philippines attested
the valor of California and the devotion of her sons
to the cause of the Union.
It is to be regretted that the Governor in his little
ness has not been able to comprehend the magnitude
of the popular fervor in the reception and has refused
to set apart one day of the reception as a public
holiday. Had a holiday been proclaimed the work
ing men and women of the city would have had full
freedom to join in the throngs that will cheer the
volunteers as they parade the streets and share in
the joy that will attend the concerts and illumina
tions that follow.
Since the Governor has refused to provide such
a legal holiday, it is the duty of citizens to make a
holiday for themselves. Certain industries must, of
cchirse, be carried on for public necessity and con
venience, but let all other offices, shops and stores
be closed on the day of the great parade, when the
reception festivities will culminate. It is not yet
I known on what day of the week the parade will fall,
j but as it does not occur until the second day after
the volunteers reach the port, ample time will be
given for all to arrange for it.
At this time all looks well for the success of every
feature of the reception. The decorations of the
streets will not be only profuse but artistic, and will
be the more pleasing because they will be to some ex
tent an expression of the sentiments of the Colorado
volunteers, now in the city, who have volunteere 1
to assist in arranging them. The management of the
military concerts, the fireworks, the feasts, the re
ceptions and all other parts of the festival are in good
hands and have been planned on a noble scale.
We will be ready for the boys when they come.
RECEPTION WEEK-
MINERS' LEGAL TROUBLES,
STATE LAW PROBLEM.
THE RED DOG SUIT.
SUBMARINE MINING
Along with the general new activity in !
the mining Industry in this State has sud
denly appeared a boom in mining law.
The miners of California have a variety
of important legal problems to interest
them and mining lawyers are sitting; up
nights calculating the range and velocity
of constitutions, Federal and State stat
utes and legal opinions, including their
own.
The big question of. whether the State
i mining law of 1897 is or is not in force
jis the chief one. Since the announcement
] in The Call a few days ago that Attorney
i A. H. Ricketts, chairman of the mineral
lands committee of the California Miners'
Association, had discovered a fatal blun
der in the. repealing act of March' 20, 1899,
and that the law remains in force, there
j has been a great deal of inquiry and dis
j cussion all over the State. During the
past week a number* of lawyers have
I formulated opinions on the grave question
i and a number of intelligent mining men
hare expressed lay opinions.
As is understood by those who have
given the matter attention the repealing
act as passed and approved reads: "An
! act to repeal 'an act etc.," is hereby re
| pealed." Had "entitled" been used in
stead of "to repeal." the intention of the
Legislature as expressed correctly in title
would have been accomplished. " As the
act reads it repeals "an act to repeal,"
and there was no such act to be repealed.
The whole question is, Can the court, un
der the rules and laws governing Judicial
construction of statutes, correct the blun
der by eliminating "to repeal" and read
ing "entitled" in its place? Mr. Ricketts'
opinion is that since the language is
clear and definite the court must accept i
the language as it stands, there being no
I ambiguity. Other mining attorneys hold
the same view.
But other lawyers as strongly hold that
the court may so correct the blunder.
i Judge J. M. Walling of Nevada City ha»
I written for the Nevada City Transcript
! a lengthy opinion to that effect. He cites
I numerous cases to support his contention
that "correcting a clear mistake of the
use of a wrong word in a statute is not
an assumption of legislative powers."
j In People vs. King, 23 Cal. 274, the Su
; preme Court substituted "296" for "293 "
I In ex-parte Hedley, 31 Cal. 108, "within"
was substituted for "without." The fol
lowing is another of the opinions of the
week :
Editor Call: In the Issue of The Call of the
12th inst. a lengthy and instructive article ap
peared relating to the act. repealing the min
ing location law of 1897. This article has given
rise to a good deal of speculation and inquiry
as to the present status of the laws of this
State governing the subject. Mr. Ricketts an.l
authorities are quoted to enow the law of 1n97
ifs still in force. I have received an inquiry
as to the effect of the repealing act and have
advised that it repealed the act of 1897. By
reference to the title of the act, chapter CXIII,
page 148, Stats. 1599. It will be seen that the
act of March 27, 1597, was that which the
act repeals, though section 1, of the repealing
act, reads: "An act to repeal." etc., instead
of "An act entitled an act,'-' etc. It was held
in Savings Bank vs. Burns, 104 Cal., 478, that
where the act Is ambiguous and of doubtful
meaning or application, it Is competent to look
to the title of the act and to read it in con
nection with the body of the repealing ail
to determine the intention of the legislative
body, and a similar act was upheld. This
decision of our Supreme Court fellows those
of the United States Supreme Court in Myer
vs. Western Car Co.. 102 U. 9 . 1, and Wilson
; vs. Sp&ulding. 19 Fed. Hep., 304. So that read-
Ing the title and the body of the act together
! It is plain what the legislative intention was,
though crudely expressed, and the conclusion
follows that the act of March 27. 1597, atands
i repealed." K. M. GAL.VI.V
Mr. Ricketts admits Mr. Galvin's argu-
m ent as far as it goes, but holds that in
i this case there Is no ambiguity and doubt-
I ful meaning. Judge Walling does not
I take the title Into account at all. Be-
I sides the raging conflicts of lawyers there
| are many miners who are being, sustained
! by a faith that if the Federal law is com
i plied with substantially and in good faith,
! justice will somehow preserve mining lo
' cations to those who didn't know that a
i State law was also in force. Such faith
! is probably confounded, for if a State law
! is in force and is valid It must be com
plied with. Many cases involving mil
lions have turned on the location and re
cording of claims according to district
rules and regulations. If States and dis
tricts may supplement the Federal re
quirements, as the Federal law distinctly
allows, ignorance of their existence would
appear of no more protection than igno
rance of the Federal law Itself.
When the doctors of the law disagree
so widely we will have to wait and see
what the Supreme Court says about it.
Meantime locators should carefully ob
serve both the Federal and State laws
and the laws of their mining districts if
I there are any. Claims located since the
supposed repeal last spring should be
promptly relocated according to the State
law. which miners all over the State are
busily looking up.
Through his close study of the law in
the past few days Mr. Ricketts has dis
covered something else new, he believes.
i It is that the requirement in the State law
I of $50 worth of work in sixty days is in
! valid anyway. He holds that it is in con
! flict with the Federal law because the
latter allows a locator to hold a claim by
doing $100 worth of work by the end of the
calendar year after the one In which the
location is made. It is the time and not
the assessment that Is Invalid, he holds.
The State may require additional assess
ment work and regulate the manner of re
cording, etc.. but the additional assess
ment work must accompany the , time
specified in the Federal law. If this view
is correct, another trouble will be on hand
1 If the State law is held to be in force.
Besides the State law muddle the'
I miners have the validity of the Camlnetti
law on hand in the injunction suit re
cently brought by the Anti-Debris Asso
ciation, in the name of Sutter County,
against the Red Dog hydraulic mine of
Nevada County. This mine has been
operating behind a restraining dam
built according to specifications approved
by the Federal engineers composing the
California Debris Commission, and in-
I spected and licensed by them. The suit
asks that the mine be enjoined notwith-
I standing the -approval of the California
Debris Commission, and thus the vital
feature of the Caminettl law which puts
exclusive control of hydraulic mining on
the watersheds of the navigable streams
of this State in the hands of the commis
sion, is assailed. If the Red Dog mine
may be enjoined, any other hydraulic
mine may be shut down at the discretion
of a court, and the discretion of the en
; gineers goes for nothing.
As this is a test case, the California
: Miners' Association will defend the suit
j vigorously in the interest of the industry,
and the Red Dog Mining Company has
i resigned control of the defense to the
| association. Last week the committee re
| cently appointed to provide counsel en-
I gaged C. W. Cross, who will direct the
i defense. The suit was recently trans
ferred to the United States Circuit Court
by the Superior. Court of Sutter County,
and has now been remanded to Sutter
County, where It will first be heard. The
litigation promises to be long and hard-
I fought, and the California Miners" Asso-
I ciation will probably spend several
thousand dollars in the defense. Hence It
will need money, and the County Miners'
Associations will be asked at their ap
proaching conventions to contribute
liberal amounts to the fund.
There is another field In which impor
tant legal problems arise. One of the most
interesting questions that ever came up
in the field of mining law is presented for
the first time by the oil operations in the
tide lands and ocean- bed along the south
ern coast of the State. At Summerland
the inclined oil stratum was found to
pitch out under the sea, and wharves were
| built across the strip of tide land and for
j several hundred feet out into the ocean.
From these wharves many wells have
been sunk, and oil is now being pumped
from under the ocean, as is done nowhere
else in the world. This success at Sum
merland has started prospecting for simi
lar oil lines, along the Santa Barbara
shore, and Is talked of elsewhere. Recent
l ly a nocturnal vigilance committee tore
down a derrick on the shore in front of a
i residence suburb, and Shotguns were
talked of. The law of this situation' has
been talked about, but not settled, and the
questions have not yet got into court as
they likely will. , '
' What rights to minerals can be acquired
. ■■■■■■■•.. - ... . . . .
„ I
on the tide lands of the State and in the •
ocean bed? If a rich quartz ledge vas
found to extend out under the ocea-i 1
could be followed there by tunnelir m
a shuft, how could it be approprla^ xna
held? Is the ocean bed for three .lies
seaward the public domain, and r AO a
lode location be made under the Beaerai,
law, and how? In the case of an oil j
formation, like that at Summerland, cou d ;
a placer location be made, a* on land. ,
If a man or company bores an cil well
in the sea, how can he maintain his pos
session if legally or forcibly assailed.
These interesting questions do not ap
pear to have ever arisen before, as mm- :
ing has in the past never been carried on ,
at sea. The problem was recently offered .
to Attorney A. H. Ricketts, who has long
made a specialty of mining law, and he
pronounced it the most interesting ana
novel legal question he had encountered ,
and proceeded to study it. He has reached
some conclusions that will be of general
interest. , , , .1
Ho decides, for one thing, that the bed ,
of the ocean to the three-mile limit is the
property of the State. The Federal mm- ;
ing laws do not apply, as they do not to
the tide lands— the strip of shore between
high and low water mark. The State tea
never in any manner provided for the j
mining use of this State domain, and one
who mines there is technically a tres
passer and mines by sufferance of the j
State, which could eject him. The mm- .
prals belong to the first one who gets them
as long as the State does not assert con
trol. An oil wharf or derrick might be
condemned by a court as a nuisance, pri- :
vate or public. The State mining law, if
not repealed, would not apply, because it
applies to the "public domain of the
United States.' The United States con-!
trols those navigable waters, but not the
sea iH'ttom, and might condemn an in
terference with navigation.
The State is also held to own the beds j
of the navigable streams, the navigation;
of which is controlled by the United
States. Therefore the beds of such ;
streams as the Sacramento and "naviga- i
ble" tributaries cannot be located and hold !
as placer claims, to be worked by wing I
damming or dredging. These and other I
opinions have been expressed In part in
the following, written by Mr. Ricketts for i
The Call:
"The several States are the absolute |
owners of navigable waters and the soils
under the same, within their respective ;
borders, subject to the paramount right |
of navigation, the regulation of which in !
certain respects is granted to the I'nitedi
States. This right of the States to the ;
soils under navigable waters i.s not derived
by grant or patent from the United States,
and if mineral in character are not sub- •
ject to exclusion as mineral lands of the i
public domain, which are reserved in all j
land grants of Congress to the States, j
etc., but was reserved to the thirteen |
original States, which became sovereign ;
when the Revolution took place. The act
of Congress admitting California to the |
Union declares that she is admitted on
equal footing in all respects with the
original States.
"The navigable streams within this
State are public highways, are for the use 1
of the people of the State, and obstruc
tions placed therein impairing the public I
right incident to the use of such waters
are public nuisances which no lapse of !
time <-an legalize. In my opinion the State '
has the sole right to regulate the mining j
of the beds of such streams, as well as
the beds of all other navigable waters I
within its territorial limits, the provisions
of the Untied States mining laws not be-!
ing applicable to mineral deposits found
therein, as the paramount title to the !
beds of such streams and other navigable |
waters has never been in the United ;
States.
"In the absence of am- grant ot per
mission from the State to remove the min
erals from such ground the person doing 1
bo is a trespasser against whom an action 1
in ejectment would lie at the instance of
the State just as well as if the mining 1
was done upon dry land. Such person j
may also be enjoined from the prosecution |
of such work and may be compelled to
respond in damages. But, as against 1
every one but the State, the appropriator !
is the owner of the minerals Be extracts j
from such soils; for, as one law writer !
puts it, 'they are like the fish in the
water, the property of him who takes
them.'
"While there are certain provisions af
fecting the sale of tidelands to be found
in the constitution and laws of this State, j
it may b* stated as a general proposition
that lands on the shore of the ocean be- I
tween high and low-water mark every
where in this State cannot become the
subject of private ownership.
"The boundary of this State (substan
tially like those of Oregon, Washington
and Massachusetts, hut not liko those of
Texas and Alabama, which extend three j
and six leagues, respectively, into navi- 1
gable waters) is extended under its con
stitution Into the Pacific Ocean a dis
tance of three English miles. Over such
waters the United States exercises do
minion for the purposes or protection
from invasion, the regulation of naviga
tion, etc.: and all nations have also a,
common right to use the same for the
gurpose of commerce notwithstanding the
tate's assertion of ownership.
"Subject to such rights a State has the
right to determine the extent of its owner
ship of the soils under "navigable waters,"
including in that term what is com
monly called the 'open sea." Therefore
the lied of the Pacific Ocean for a dis
tance of three English miles along the
shore of this State is within its borders;
and it follows that the title to the same
Is in the State of California.
"The necessary conclusion is that no
person can legally acquire any rights
to mine the same without the consent of
the State, and such concession, if grant
ed, must be made and held subject to
the paramount right of the navigator."
"The maintaining of dredgers in navi
gable rivers of this State, the building
of wharves into the ocean to facilitate
the extraction of petroleum, etc.. and the
erection of derricks thereon is without
warrant of law." says Mr. Ricketts.
Not only could the trespasser be eject
ed by the State, but his wharf would be- j
long to the State. Tho statutes governing ■
the abatement of nuisances apply. One !
who has possession may hold it as against '
other individuals and he may kr>ep the j
minerals !f he can get them, as he may
keep fiah caueht from his wharf. It is
possible that any one might remove one
of these outcast derricks subject to the
laws governing the public peace.
The beds of the rivers of California
are golden and there is a boom in rjolil
dredging. This and other things make
the legal problems raised of practical
importance as well as of theoretical in- I
terest. The legal status of beach mines i
where the sand below high-water mark j
is worked is involved. Many related prnb- I
lems easily occur In following out the i
theories advanced by Mr. Ricketts
Whnt is here given is not, of course I
stated through any desire to discourage I
or unnecessarily trouble any one engaged !
in the promising mining enterprises con- '<
cerned. but as a simple speculative nre- '
sentation of an Interesting situation which I
needs to be understood and which will
likely result in State legislation on the
mining use of State property.
J. O. DENNY.
AROUND THE
CORRIDORS
T>r. B. B. Corey of Fresno Is at the !
Grand.
H. G. Butler of Los Gatos is stopping at
the Occidental.
Dr. H. G. Bayless of Los Angeles arrived I
yesterday and Is at the Grand.
Ernest Kopke. a. wealthy merchant of
Honolulu, Is at the California.
E. C. Voorhies is down from gutter
Creek and is registered at the Palace
Leo J. Pittner. a prominent merchant of
Placerville. is stopping at the California
Ivan H. Parker, editor of the Colfax
wine Lick" am ° nS yesterda >' 8 arrivals
Dr T. H. Mennough. a government scl
rs n at St th a £i e ace frOm AlaSka^terday and
George B. Katzenstein, manager of the I
Earl Fruit Company at Sacramento is !
registered at the Lick. . "'.;-.;
C. G. Terrink' and wife of The Hague
Holland, arrived yesterday and are regis
tered at the Occidental.
Abe Mark of Uklah and H. M. Marks i
of Covello. merchants, among yes
terday's arrivals at the Lick.
A. V. Wilbur, manager of the H. C
Shaw Company of Stockton, the biggest
manufacturers of farming Implements on
the coast, returned to Seockton yesterday
after a week in this city.
J R. Wood of Philadelphia, general
manager of the Pennsylvania lines east
of Pittsburg. is stopping at the Palace.
Mrs C Bilkkie, wife of A. C. Bilickie.
proprietor of the Hollenbeck Hotel. LO3
Angeles, is among the guests at the Oc
cidental.
Dr T H. Menough, the well-known
government scientist, has Just returned
from Kodiak. Alaska. He is registered at
the Palace.
Governor Thomas of Colorado was ten
dered a reception last evening at tl •
cidental Hotel by the First Colorado Vol
unteers' band. The officers of the regi
ment also called upon him to wish him
a pleasant trip when he leaves to-morrow
night for Denver.
Professor A. A*a«sis. M. Agassis and
\ \ Mayer of Cambridge University ar
rived last night and are at the Palace.
The party will leave in a few days 1
Albatross for the Fiji and other South
Sea inlands, where they will study the
coral formations and deep sea life In
tropic waters.
Phil K. Gordan, city passenger agent
of the Southern Pacific Company; I). R.
mis claims agent: Attorney J. W.
Dorsey Ed Keil and Gus Umbsen left
last night for Wells. Nov.. m rout
the headwaters of the Shoshone River for
i heir annual outing. The party will be
joined at Wells by Judge A. A. Sander
son of this city and John Spark?
Andrew Harrel of Reno, and will pr
from there through the Thousand Spr -
Valley to the Salmon River country. In
Idaho. They expect to be gone for the
next two we* ks.
CALIFORNIA'S IN NEW YORK
NEW YORK. Aug. 20.— Henry Peabi"i;
of San Francisco is at the Manhattan. W
Rose of San Francisco is at the Aster
Theodore Friend Jr. of Los Angeles is a
the Hoffman.
NEWS OF FOREIGN NAVIES
Russia has set apart 54.5W.000 for tna
construction of a harbor at Alexandrow
ski. in Saghalien, in order to provide the
eastern squadron with its own coal and to
make Port Arthur and Ta-lien-wan inde
pendent of Japanese and English sources.
The Vulcan Engineering and Ship
building Works at Stettin. Germany, is
rapidly coming to the front as one of
the principal naval yards. It was found
ed in 1552. with a capital stock of $750. 000.
which has been increased to $2,000,000. A
heavy reserve fund is kept, and the cap
ital stock does not in reality Indicate the
progress of the concern. The plant was
valued at $47fi.000 in 1867, and its value
now is $4,500,000. The Vulcan works
have built 247 vessels since 1852. of which
61 were naval, and it has now on the
stocks two war vessels of 1fi.350 tons and
36.000 horsepower, and six merchant
steamers of 7».0OO tons and 74.000 horse
power. The works employ about 6000
men.
The docking facilities of the British
navy are far superior to those of any
naval power. The Government owns
forty-one drydocks in Its six naval sta
tions at home, four at Malta and three
under construction at Gibraltar, making
a total of forty-eight in European wa
ters. It also owns sixteen docks In Its
possessions abroad, namely: three In
North America, one at Bermuda, three
in Australia and nine In the East Indies.
The recent naval estimates provide for
one large dock at Chatham, two at Malta
of 790 and 530 fc-et length, one at Timons
Bay 750 feet In length, a smaller dock
at Hongkong and a 550-foot floating
dock at Bermuda. These new docks will
probably be completed within two years,
and Great Britain will then have seventy
drydocks reserved exclusively for naval
vessels. The number of Government
docks in the United States is only ten
actually built and four in course of con
struction, to be completed within two
years. Three of those already built are
useless at present owing to defect? in
construction, and only two docks are of
sufficient size to take in any of the
large battleships.
During the recent British naval ma
r.puvers twenty-four vessels of one of
the fleets were tested as to their speed,
on which the admiral could rely upon
during the forthcoming operations. The
sea was calm, and the ships steamed un
der three-fifths power, with results as
shown in the appended table. To facili
tate comparison between trial speed and
speed under three-fifths power, it must
be explained that the first is under full
power, and that a reduction of two
thirds power causes a diminuition of
speed in the vessels named of about one
knot:
It seems evident from the foregoing
speed figures that none of the battleships
would come within a knot and a half
of their trial speed if tried under full
power. The new cruisers came up fairly
to the mark, but those built prior to IS?S
appear very deficient, and all except the
Sybllle and Terpsichore are decidedly
slow, while the Thames, Aeolus, Mersey
and Arethusa are failures. One of the
causes for this falling off in speed is the
fact that the ships were under service
conditions, with bunkers full and draw
ing a couple of feet more than when th«y
passed through their acceptance trials.
Cal. (place fruit 50c per Ib at Townsend's. «
»♦ » —
Special information supplied daily to
business houses and public men by iha
Press Clipping Bureau (Allen's), 510 Moc
eorutry street. Telephone Main liM2. »•
_ . «. .
Flags, shields, garlands, Japanese lant
erns, bunting, red, white and blue tissue
paper, patriotic, pictures and all kinds of
decorations for sale cheap at Sanborn &
Vail's, 741 Market street. •
A textbook on railroads by Professor
Hadley, the new president of Yale tfni
versity, has been translated into Russian
by order of the Czar, and is now used as
a regular textbook for required study in
the Russian universities.
Very Low Bates East
On August 29 and 30. the popular Santa Fa
routo will sell tickets to Philadelphia and re
turn at the very low rate of *8S 85. Occa
sion, National Encampment, G. A. R. Call ac
628 Market St. for full particulars.
'■■^■':':.' ■■ ■ — m ■ ' . '■'
"Mrs. Winslow's Soothing Synip"
Has been used for fifty years by millions of
mothers for their children while Teething with
perfect success. It soothes the child, aoftens
the gums, allays Pain, cures Wind Colic, regu
lates the Bowels and Is the best remedy for
Diarrhoeas, whether arising from teething or
other causes. For sale by druggists In every
part of the world. Be sure and ask for Mrs.
Wln»low"s Soothing Syrup, 25c a bottle.
. ♦ «
HOTEL DEL CORONADO— Take advantags
of the round trop tickets. Now only $60 by
steamship, including fifteen days' board at
hotel; longer stay, }2 60 per day. Apply at 4
New Montgomery street. Ban Franclsoo.