CHAMBERLAIN V. COLLINSON

CHAMBERLAIN V. COLLINSON. One of the important legal cases involving miners' right, Chamberlain v. Collinson was decided by the Iowa Supreme Court in 1876.

In 1868, Gibson Collinson rented from H. W. Clark, an agent of the Dubuque Lead and Level Mining Company, an area of ground and began mining it with his four sons. The site proved profitable and ore was extracted and rent was paid to Chamberlain's agent. During the winter of 1872-73 Collinson and his sons discovered a large body of mineral which they got ready to excavate. Water rose in the mine, however, preventing this and they were forced to stop work as their tools were still in the diggings. In the meantime, the Dubuque Lead and Level Mining Company was sold at sheriff's sale to Selah CHAMBERLAIN, the president of the company. H. W. Clark died, and J. Baxter became Chamberlain's agent.

In the spring of 1873 Collinson and his sons found Baxter and his men extracting the ore now that the water had receded. Baxter claimed that the Collinsons had forfeited their rights by not working the mines.

Collinson filed suit and in a trial lasting two weeks won. Chamberlain was ordered to give up possession.

Chamberlain appealed to the district court and the lower court decision was reversed.

Appealed by Collinson to the Iowa Supreme Court, the district court was reversed. The court found that whether Clark had the right to lease the ground or not was immaterial. Chamberlain had received rent from Collinson without objecting to their right. The court further found that a miner does not forfeit his right to mines when forced to quit work by water, or bad air, or other things over which he has no control. The court further stated that the defendants had the right to the value of the mineral taken from them.

---

Source:

"The Rights of Miners," Dubuque Herald, October 22, 1876, p. 4. Online: https://news.google.com/newspapers?nid=uh8FjILnQOkC&dat=18761022&printsec=frontpage&hl=en