Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-01-17
TIE DEBRIS QUESTION.

EDS RECORD UNION noticed in your
Thursdays issue what considered to be
fair and candid statement of the mining
debris question by citizen of Marysyille,
under the signature of Taxpayer.
wish to dissent from the views expressed
by Granger, as they appear to be more
in the form Of special pleading by an at
torney than that of a person who seeks to
redress great public wrongs. Granger
says that the injury resulting from the
mining debris is local. l object to any
such premises being assumed. would
ask "Granger" if the navigation of our
rivers is local if the destruction OF their
free navigation is local question ? Is the
destruction of our inland commerce also
local? Is the reclamation of our swamp
land local, when not only the State but
each and every citizen has direct interest
in its reclamation, and also in free naviga-
tion and inland commerce In my judg-
ment the Legislature is the only power
that possesses the right to act sumlnarily
on this subject. There is too much red
tape at Washington to hope for speedy
remedy, though fully indorse Representa-
tive Berry's bill for relief. If the State has
notthe right to protect its property, andalso
TO redress public wrongs and legislate for
the general welfare, then / should like to
ask "Granger" where that right is vested
No statesman or eminent jgUst will, |
think, deny either the right or power of the
State to control such questions. l will
only say that all the law authorities sup
port this position and also deny the right
of any individual company or corporation
to carry on business in such way rs to
iniure or destroy either the rights or prop
erty of other persons. They also declare
that the destruction or obstruction of navi-
gable water is a public wrong-that the de-
struction either Of commerce or public
property is a public wrong. 1t is nos alone
the great valleys which are threatened but
also our inland commerce and State prop
erty. VIII any one deny but that the
State has the right and power to protect
these interests? All such questions have
long since been settled by the intervention
of the State power, and that power has
been exercised for centuries in England.
Who can doubt the right or power of the
States General in Holland to bar out by
taxation the wild waves OF the North Sea TO
save their Fatherland2 Congress assures
the right to lax its citizens for the general
welfare and sometimes when the benefit
is strictly LEGAL. HuYdreds of millions
have been appropriated by Congress for the
public beneh5 or welfare III the improve.
ment OF harbors and rivers. also in tortifi
cations, with large grants Of lands and sub
sides for railway purposes This has been
done by Congress when there was no dan
ger to existing public rights. How much
greater the necessity for legislative action
when our inland navigation and commerce
is threatened with destruction by mining
debris. This question is a great State
question overshadowing all other ques-
lions of State policyor State interest The
Supreme Court of the United States has
never expressed any doubt either as to the
power or right of Congress to legislate
upon all such subjects, and also to make
for all such purposes. If
there is any question over which the Legis
lature has supreme control, 1t Is that of
legislation for the general welfare OF all its
citizens Hydraulic miners have no vested
right to commit pubic wrong. They
have no vested right to destroy free navi-
cation or inland commerce. They
also have no vested right to destroy
State property The city of Sacramento
WlLNl1 It's ilillls iIllllOUS VI state
Is this property to be destroyed
BY the present system Of hydraulic min
ing? Has the State no power TO intervene
TO save this property from destruction ,
Must free naIigation, inland commerce and
our railway system be swept away because
,he State Is powerless That is a problem
which l believe it is the duty of the pres
INT Legislature successfully to solve. Not
Inly the valley of theSacramento, with its
owns and cities, but also that of the San
Ioquain, Is imperled the destruction of
me entails the loss of the other. Is the
,ity OF San Francisco willing to sever her
with the East overland? VIII
hat great commercial city have no voice
n the matter of her eastern and southern
'ailway system, in the loss of her inland
and Eastern trade? Other ma
ions, as well as. other States, have success
ully solved problems by action. | agree
with the RECORD UNION that it will require
| general system OF drainage and recama-
ton under the supervision of the State. to
save our valleys and preserve our inland
commerce. also deeply regret that Cali
lorna is the only State that does not pos
'ess the right or power to legislate for the
general welfare OF all its citizens.
Z. S. HALL.
Plymouth, January u, 1880.