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Page: of 627
NEVADA GAZETTE FEBRUARY 25, 1865 a
SATURDAY, FEBRUARY 25, 1865
JOHN GILROY, who came to California and settled in Santa Clara county in 1814— fifty-one years
ago—is in destitution and appeals to the public for relief.
RECORDING QUARTZ CLAIMS.—We have had some occasion to remark recently upon an effort
which has been made by certain interested parties—interested not for the public welfare or the good
of the miners, but merely for their own private ends—to defeat the miners’ law which provides that all
quartz claims shall be recorded in the County Recorder’s office, and attested with his official seal. The
law has been in operation some twelve years, and has generally been regarded. The following article of
the miners’ code has, however, given rise to some complications:
Article 7. The regularly elected County Recorder of Nevada county shall serve as Recorder of this
county in Quartz claims, authenticating his acts by the County Seal; he shall appoint as his Deputy such
person for Grass Valley as may be elected by the District of Grass Valley; and he shall pass his records to
his successor.
Under this Article John M. Days was elected District Recorder for Grass Valley, and held the office
for three or four years. About 1855 A. Delano was elected District Recorder to succeed Mr. Days. His
official term was limited to one year. Since that time no election has been held; yet Mr. Delano claims
to be entitled to the office—by prescriptive right, we presume. The County Recorder, however, refuses
to appoint Mr. Delano his deputy, and the latter, consequently, runs an opposition office on his own
account, and complains that the County Recorder treats him unjustly in refusing to appoint him deputy.
Our best lawyers hold that the County Recorder has no adequate authority to appoint a deputy outside his
own office, for the very plain reason that the very article which requires him to do, requires that he shall
authenticate all mining records with his county official seal, and he has no right whatever to make a copy
of his seal and authorize its use by any deputy outside of the County Recorder’s office. Furthermore, we
are informed that Mr. Delano’s term of office expired about eight years ago, and he has never been reelected, and for that reason, if for no other, the County Recorder has no right to appoint him. A majority
of the quartz-miners of Grass Valley, we are well assured, desire no District Recorder’s office, but
prefer to have their records made in the County Recorder’s office alone, for the sake of convenience and
security, as well as legality. It is asserted that Mr. Delano has no right whatever to keep mining records
and charge fees for so doing, and from what we can learn we are convinced that such is the case. [It was
not John M. Days but Capt. John Day who was the original District Recorder, elected on May 23, 1852,
and reelected in December 1853.]
FROM ARIZONA.—Frank Morse, who enlisted at North San Juan over three years ago, and who
has been serving with our forces in Arizona, returned yesterday to this city, enroute to his old home. He
was among those soldiers who were mustered out of service at El Paso, and describes the long and weary
march of nine hundred miles to Los Angeles as being one of almost unexampled suffering, privation
and peril. He speaks of Arizona as one of the most desolate, God-forsaken countries it has ever been his
lot to behold. On one occasion he traveled over six hundred miles without crossing a single stream of
running water. Together with several other San Juan boys Frank served out his time and was honorably
discharged.
COUNTY COURT.—HON. A. C. NILES PRESIDING—FEBRUARY TERM.—The Court met yesterday
morning when the following business was transacted: