Altoona Quicksilver Mining Co. v. Integral Quicksilver Mining Co.

This is an action to quiet title to certain mining ground in the county of Trinity, in which the court and the parties have encountered many difficulties, because, misled by the case of Anthony v. Jillson, 83 Cal. 296 , they have persisted in treating it as a contest in the United States land-office for the right to enter certain mineral lands. In the case referred to, counsel and the court so speak of the controversy, but no question in relation to the character of the proceeding was before the court. Congress could not impose upon the state courts the duty or the labor of determining for the land-office who is entitled to purchase from the United States, and it has not attempted to do so. Uothing is referred to the state courts for trial. But the contestant is required to test his right to the possession of the mining ground in the local courts. This he must do—if in a state court—by some proceeding authorized by the laws of the state. If we could suppose that there was no mode provided in the state laws for doing this—no action of which the state courts would have jurisdiction in which this could be done— the act of Congress would not confer the jurisdiction which was "lacking.…