Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-04-12
THE DEBRIS QUESTION.
Speech Of Senator Sears on the Following
Amendment Which He offered to the
Bill to Promote Drainage:

from the mines herenbefore specified, and for the
improvement and rectifcation of river channels in
which said debris flows
Mr.. President, the amendment which have Of
fered is for the purpose of clearly and Enthusiastically
defining what shall be done with the money raised
by this bill. Ny sympathies are with two classes :
First, the farmers residing along the rivers who
have been and still are liable to be damaged from
the debris from the mines and second with the
miners who contribute indirectly toward the damage
have carefully drafted the amendment to make it
conform 10 the provisions of the Constitution, and
believe no LAWYER here can show that it is uncon-
stitutional believe it embOiies the difference be-
tween those who have been denominated here as the
friends Of this bill, aid those who friendly
towards the sufferers, but demand that the Act be
SO amended to require the money to be applied to
protect the sufferers. The friends and advocates
claim and assert that it is their intention to eXpend
the money for that purpose. If they are honest
in their expressions, let take them at their
word, and place it in the bill in plain and I'M
mistakable language, SO there can be no
incorporation Of the funds. The bill as it now
stands is ambiguous. The money can be used TO re-
claim swamp lands in any portion of the State 1t
can be used for diking the rivers where no mining
debris flows; it can be used to personal ends ;
1t can be used for private speculation Do you wish
to see any OF these things done / claim it is
duty to ourselves, our duty to constituents,
duty to the people of the State, adopt this amend
ment and engraft into this bill just what shall be
done with the money. Can there be any objection
to that is that not right Is it not just The OBJ.
in the other House TO amend it. That is weak
objection 1t has already been amended and it
must be further amended. II viii take no longer TO
concur in half dozen than in two. will point out
to the friends Of this measure where they must
amend it to comply with its present provisions.
Section provides for a Board of Drainage Commis
sioners consisting of the Governor, Surveyor
General and State Engineer these to constitute
that ard. The law passed two years ago creating
the Office of State Engineer expires on the 1st OF
May next. There is provision for his reappoint-
ment; you must do that the bill or you will not
have any Board. II the amendment which have
offered is adopted it will bring to the
bill additional strength in the Assembly.
do not consider this measure to tax the property
OF the State for the benefit of one industry. II is
to protect commerce and agriculture from further
damage. 1t Is to try the experiment of holding the
heavy washing of the mines in the mountain
yons IL is to the cities of Marysville and
Sacramento from ruin. 1t is TO save the Bay of San
Fraucso from filling up. The State Engineer in his
report says that 43, $40 of farming land along
the river valleys have b en- destroyed greatly
damaged that the river channels have been filled.
II has become State question, and protection is
now necessity. The State has expended 100000
IN investigating this subject the engineer is the
State doctor in this case. If have faith in him
we are called upon to administer the remedies he
has prescribed in his report let US give the medi-
cine to the lex. That is all we ask Let it be de-
nominated in the bond how and where the
money raised shall be expended We do
that in other bills, why not in this
The discussion on this has carried me
back to the early days of California. 1t has called
to my mind the scenes | witnessed when | first
landed at Marysyille. | saw the Yuba river when
it contained less debris than the water have drank
In this Capitol this winter. saw the river clear
as mountain stream. l saw steamers ascend the
TUBA as high as Parks Bar. Where then there was
from fifteen to twenty feet of water, there now
lies in its bed as many feet Of gravel and slnd !;
where then were broad acres Of rich fertile lands,
there is devastation and ruin where then were
ri and EaI1 10 af 81
now lie buried many feet beneath barren sand !;
where then the face OF nature was decorated with
beautiful flowers there now grows the willow and
the thistle 900 of precious soil is desolated
beyond redemption An enterprising city, whose
taxable property four years ago was rated at 81 OOO
600 is to-day reduced to 81 600 000 ard its inhab
itants await their doom for the coming of the next
flood of Stockings to engulf them The CRY of succor
is heard across the valley. The Macedonian cry
Come over and help u.s." is borne upon the breeze
from that people. Shall we respond? sayyes il the
money is used for their relief aud future protection
This is question which Will extend far into the
future 1t is vast in its proportions and serious in
its results. 1t is q question whether the cities of
Harysyille and Sacramento and the valley lands
lying along the rivers, shall be DESTROYED or pre-
served. 1t is question whether the commercial
arteries OF the State shall be preserved for nayiga-
ton, or choked with mining gravel and debris 1t
is question whether they shall be DIT served as the
free and only competitors with the railroads for the
inland trade OF the State or DESTROYED and the peo-
ttion Is the great regulator of freghts. You impair
the navigation of our rivers and freights would
double In less than a month afterwards By
the amendment which | have offered to the bill
simply ask that the moneys raised from taxation
shall be used to avoid these calamities. We ask
that the medicine shall be given to the sick we ask
that the plaster shall be applied to the sore. When
Ireland III her distress stretched her bony arm
across the ocean and asked for succor we did not
leave ships free to take the provisions to Ger.
many, bat required that the relief should so d.
rect TO the distressed. That is all ask in this
case, and If the advocates of this bill refuse to
adopt this amendment it will be proof to my mind
that their motive is something else. | recognize in
the mining interest of this State one too important
TO be stopped or crippled. The news of tn. dis
coyery OF gold on this coast flashed like the morning
light throughout the world 1t brought to our State
men Of genius, ENTERPRISE, energy and courage
they scattered throughout the mountains rivers
canyons and valleys: they gave life and civilization
to an unknown wilderness; without law society was
free from crime and intrigue. The crude customs
of the miners were more sacredy observed among the
pioneers than our statutes to-day. Every stream
had golden bed ; the work of extraction com.
menced; realities became greater than fiction
treasures were uncovered daily which excelled the
stories of the Arabian Nights and from that da,
TO this golden stream has poured its treasure
into the circulating mediums of the world
The placer and hydraulic mines of th.
State have yielded over $500, zoo, O00 They
now yield annually over s1O,000,OO0 Do yoT
wish TO stop this great and important industry.
answer no no Let the good work go on, but le
us try to prevent further damage to the rivers anC
farming lands adjacent thereto. The miners got ;
big scare on when they enjoined two years ago
They realized the magnitude of the damage they
were indirectly doing. They willing to contrib
ute literally TO prevent further damage
and | caution and implore the representative
of the mining counties in this Senate t
support TINS amendment and engraft il into this bill
that all the moneys raised under this Act shall b,
used TO mpound the debris in the CANYON,
of the rivers, and prevent any further overflow OF
the farming lands claim to be better friend @
the miner than some warm advocates of this bill.
hold in my hand bill introduced this session by on,
of the oh eff supporters Of this measure which read
as follows. Every person, as well as every person
who i'll behalf of anysother person. or as the man
aSer, agent or employe OF any person or corpora
ton, who runs or deposits, who procures or suf
fers TO be deposited into the bed or chat ne
OF any river IN this state any branch thereof am
of the tilings or debris from any mine in this Stat
worked by what IS called hydraulic PROCESS is HEREBY
guilty OF misdemeanor
S cti n = says: "The violation of this Act NAV b,
prevented by injunction at the instance of tn,
State, or any county therein, or at the Instance
any taxpayer in this State" You will see that b,
the ext eme portion of the State five hundred mile
away from the place of damage and not affected il
the slightest thereby. enjOn any mine in ih
State from working. Such principle of law is IN
own IN the Jurisprudence of any State in thi
Union. Under this bill the money raised could b.
used to reclaim swamp lands in any portion of th'
State. Do the miners want to do that2 Do the,
even desire to leave doubt upon the subject? d.
the people of the State desye to leave this an opeI
question with the Directors? | think not. Thel
let embody in the bill the necessary restrictions
and guards. Let 1t be denomnated in the bond
Let US remove all antiquities The miners of thu
State have my sympathy. In working away tn,
gravel hills they deposit their taings in the CANYONS
ant rivers, and when the storms of winter swell
these streams into mighty torrents, the element
of nature carry the debris to the valleys
II is through the action of nature tia
the damage is done, and you ought not to hold To,
miner solely responsible Two years ago the Legis
la.ure created the office of State Engineer and APP
propnated 100000 to examine this question. H.
has done so and made his report, and recommend
that you do the very thing which my amendmeu
proposes. The taxable property in the State is sbou
$780, 900 goo; the State tax will be SS00,000 1t L
only so cents every 81 600. l feel sure but few
will object to paying that smsll to try the ex
pertinent, providing the money is used as the Engin
eer recommends. The miners viii pay about $50 00l
on the water used This question is State meas re
and next year ask the General Govern
ment 10 take the subject under its care. NJ
people ought to ask for assistance from the natoI
until they have tre1 to help themselves The vau
of all property in the mining counties depend
great, upon the mines. You stop the mines anI
you destroy thetaxable value Cf property VOL Il
mlihons The amount of gold taken from thes
mines amounts to more than the value of all tn
taxable property to-day in the State. There is n,
ment. Let it be done this sumner
for next winters floods may double the
damage. United States Engineer Mendell saws
If another fteshet should occur and wash dow
further sands to incumber the channels tn,
problem would become much more difficult