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BANCROFT 
 LIBRARY 
 
 THE LIBRARY 
 
 OF 
 
 THE UNIVERSITY 
 OF CALIFORNIA 
 
CONGRESS, ] SENATE. j Mis. Doc. 
 
 on. J ( No. 21. 
 
 3d Session 
 
 7 I 
 
 *W"w 
 
 MEMORIAL 
 
 OF 
 
 GOLD AND SILVER MINIM COMPANIES 
 
 OF 
 
 CALIFORNIA AND NEVADA TERRITORY, 
 
 That the act of the Nevada territorial legislature entitled ' ' An act to 
 provide for the formation of corporations for certain purposes," may 
 not be confirmed. 
 
 FEBRUARY 6, 1863 Ordered to lie on the table, and be printed. 
 
 GENTLEMEN: The undersigned, president and directors and stock- 
 holders of companies incorporated under the laws of the State of 
 California, beg to address you, as their representatives in Congress, 
 upon a matter of much importance to the prosperity of the State and 
 the citizens thereof. 
 
 A bill has- been passed at the late session of the Nevada territorial 
 legislature entitled "An act to provide for the formation of corpora- 
 tions for certain purposes,' 7 which contains, among other provisions, 
 the following: 
 
 "SEC. 26. All corporations heretofore formed under the provisions 
 of acts of incorporation in other States or Territories, and holding or 
 owning property within this Territory of such a character as specified 
 in section first of this act, and managed by a board or boards of trus- 
 tees or directors, having their principal place of business outside the 
 limits of this Territory, are hereby required to move their places of 
 business, principal offices, books, and papers, heretofore kept and 
 necessary for the transaction of such business, to some point, to be 
 designated by said corporation, within the limits of this Territory, 
 within six months after the passage of this act, or otherwise such 
 corporation or corporations shall be disregarded in law as a corpora- 
 tion, and the corporators thereof treated as tenants in common or 
 joint tenants, 77 &c., &c. 
 
 The immediate effect of this legislation has been seriously to impair 
 the value of investments which the enterprise and labor of citizens 
 of California had, at considerable risk, placed in a condition to be at 
 
2 MINING COMPANIES OF CALIFORNIA. 
 
 once advantageous to the best interests of Nevada Territory, and 
 reasonably profitable to those engaged in them. Its ultimate effect, 
 if allowed to stand, will be practically to confiscate property legiti- 
 mately acquired by your constituents, and to deprive them not only 
 of all benefit otherwise derivable from their labor and enterprise, 
 but of the capital actually expended in the development of the silver 
 mines of Nevada Territory. 
 
 The history of the development of these mines exhibits in a marked 
 degree the hardship and unfairness of this legislation. 
 
 Unlike the gold deposits of California, the silver mhi'Bs of Nevada 
 Territory require a large expenditure of capital before they can be 
 made available for any purpose. At the time of their discovery, in 
 1859. the people of the Territory could not, either in their individual 
 capacity, or by combining together in companies, furnish this capital. 
 Had it depended upon them the mines would have remained unde- 
 veloped to this day. 
 
 Capital was invited from abroad, and especially was this invitation 
 urged upon the citizens of California. But the citizens of California 
 could not. as individuals, furnish the requisite aid. It was only by 
 forming companies that the end could be accomplished. 
 
 The Territory of Nevada not being then organized, it was impossi- 
 ble to form these companies under the laws of the locality where the 
 mines are situated. Nor could the laws of any State in the Union 
 offer to the people of that Territory greater security than do those of 
 California. 
 
 As you are aware, the constitution of this State prohibits the grant- 
 ing of special charters. Companies are incorporated under general 
 statutes. No company can obtain privileges or avoid restrictions 
 which are not equally applied to all other companies. And the best 
 evidence that the people of Nevada have nothing to complain of in 
 this respect is found in the fact that the present corporation law of 
 that Territory is, with the exception of the prescriptive features here 
 complained of, almost a copy, verbatim, of the law of California. 
 
 Accordingly the citizens of California formed corporations under 
 the laws of their own State, and thereby combined sufficient capital 
 to develop the mines of Nevada and place them in a position to be 
 worked profitably. 
 
 They were fully aware of the risk of this undertaking, growing out 
 of the fact that the mines might turn out valueless, a result which 
 has actually occurred in many instances; but they did not for a mo- 
 ment suppose that when they were about to reap the legitimate 
 reward of their exertions, and the risk they had incurred, the people 
 of the Territory would attempt to deprive them of it by hostile legis- 
 lation. 
 
 The course of the territorial legislature is in striking contrast to 
 that adopted by California. Companies were formed by special 
 charter granted by foreign governments, and other States of the 
 Union, to work the mines of California. They have always been 
 protected by just and proper laws of this State . Foreign capital has 
 enjoyed all tke security afforded to capital furnished by our own citi- 
 
MINING COMPANIES OF CALIFORNIA. 3 
 
 zens, and the State and country at large have realized a proportionate 
 benefit from that policy. 
 
 But it is needless to state at greater length the unfairness of the 
 legislation complained of. The act of the people of Nevada speaks 
 for itself. It is an attempt to appropriate to themselves the benefit 
 of the labor, enterprise, and risk of others. Having invited and en- 
 couraged tihe citizens of California to undertake the development of 
 the mines in their Territory, they have waited until the moment of 
 fruition to attempt to seize the prize which we have rendered valu- 
 able. We say attempt, for we contend that it was not the intention 
 of Congress to confer upon the territorial legislature the power to 
 pass acts of the character complained of. We therefore submit the 
 matter to you as our representatives, with the request that you lay it 
 before Congress in such form as you may see fit, and obtain such 
 remedy as Congress can grant. B. ncrt >fl 
 
 JUJtUM (J. H/AKJu, 
 
 President Gould and Curry Silver Mining Co. 
 
 EDWARD MARTIN, 
 
 Vice- President of the Ophir Mining Co. 
 
 GEO. ROY, JR., 
 President of the Chollar Co. 
 
 DE CAREL, 
 
 President of the Sapphire Silver Mine and Mining Co., 
 By BOILHAN, Treasurer. 
 
 GEO. C. NICKWARE, 
 
 President Potosi Gold and Silver Mining Co. 
 
 GEO. S. MANN, 
 
 President Hale and Nor cross Silver Mining Co., 
 By JOEL F. LIGHTER, Sec'y. 
 
 WM. M. LENT, 
 
 President Savage Mining Co. 
 
 WM. M. LENT, 
 President Central Silver Mining Co. 
 
 THOMAS BELL, 
 
 President California Silver Mining Co. 
 
 P. C. HYMAN, 
 President Meridith Silver Mining Co. 
 
 JOS. P. NOURSE, 
 Secretary Burning Moscow Silver Mining Co. 
 
 JAS. C. L. WADSWORTH. 
 GEO. O. WHITNEY, 
 
 President Sierra Nevada Silver Mining Co. 
 A. B. FORBES. 
 DICKSON, DE WOLF & CO. 
 WM. H. SHARP, 
 President of Daney Gold and Silver Mining Co. 
 
 A. T. LAWTON, 
 Trustee Gould Sf Curry Co. and Chollar Co. 
 
 LOUIS SLOSS, 
 Trustee Chollar Silver Mining Co. 
 
4 MINING COMPANIES OF CALIFORNIA. 
 
 P. 0. LANDER, 
 
 Trustee Potosi Co. 
 
 WM. M. LENT, 
 
 GEO. HEARST, 
 
 THOMAS BELL, 
 
 Trustees Gould <$ Curry Co. 
 
 A. B. McCREW, 
 Trustee Gould fy Curry Co., Central Co., and Savage Co. 
 
 CHAS. HOSMER, 
 Trustee Iowa Co. and Norton Co. 
 
 CHAS. F. LOTT, 
 Trustee Opliir Silver Mining Co. 
 
 DONOHOE, RALSTON & CO. 
 J. M. BYRNE, 
 
 Trustee Daney Co. 
 
 H. SANBORN. 
 G. B. McKENNEY, Sec'y. 
 C. DAVIDSON & CO. 
 JULIUS & CO. 
 
 Hon. M. S. LATHAM, Hon. J. A. McDouGALL, Hon. T. G. PHELPS, Hon- 
 A. A. SARGENT, and Hon. F. F. Low.