Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-02-19
THE DEBRIS QUESTION.

miners would be willing to take care OF the
debris in the mountains, and meet the cost
themselves, does not faithfully embody the
sentiment of the miners. Ii our contem-
porary knew who our informant was, it
would assuredly not intimate, as it does,
that he was not in earnest, or that he is
not fully entitled to be regarded as rep
resentative miner. The Union however,
declares that it is idle to think of trying to
keep the debris back in the mountains,
and that unless hydraulic mining is
stopped, the injury to the valley lands
must continue, to a greater or less extent.
1t says: Z" The proposition must resolve it
"self to this: If hydraulic mining goes on
"the water from the mountains must
''remain muddy. There is no help for
sit If thereby damage is done to the
agricultural lands of the valley, system
''of reclamation, leveeing and dredging
"must be done to meet the emergency.
"The cost may be great, but scientific men
"assert that it is practicable. If the water
"of the mountain streams must 60 to the
"valleys in anything like it's original pu-
"rity, then hydraulic and all other kinds
"of mining must stop. This is the long
and short of the question, and on this
''basis it must be met" Our contempt
rary is altogether too hasty. This is not
the long and short of the question. The
most important phase of it has been en-
tirely ignored in the above statement,
namely, who is to pay for the ''system of
reclamation, leveeing and dredging" re-
ouired to counteract the damage caused by
the mining debris. The organs of the
mining interest are not helping the
cause of their friends at all by leav-
ing this vital question in the
background. They must not imagine that
they can saddle the whole cost of neces-
sary works upon the agricultural lands.
To attempt this, or to deal in cavalier
style with the positions of the complain
ants in this case, can only tend to discour-
age all efforts for the removal of the pres
ent causes of irritation. The situation is
sufficiently embarrassed now without add
ing to it any fresh impediments, for if the
present session expires before any relief
legislation is had, the whole matter will
be thrown back upon the Courts, and the
l.. IL L. l. =
injunctions, which would of course stop
them from pursuing their business alto
gether.
1t is already apparent that the Drainage
bill of Mr.. Parks is destined to be fought
strenuously, and whatever defects it may
contain, it must be realized that this is the
only measure before the Legislature which
holds out hope of concerted action in the
premises The bill introduced by Mr..
Davis proposes the peremptory stoppage of
hydraulic mining by making it INSIDE
meanor to send down debris at all. Now,
if the miners intend to take the extreme
position that the damage inflicted by debris
is nothing to them, it is clear that they
will obtain very little sympathy from those
who have hitherto advocated strong and
rigorous measures, and who have only
consented to consider more liberal |
and comprehensive schemes on the
understanding that the miners were
willing to bear their full share of whatever
outlay might be necessary. We may so
so far as to say that at this stage no mea-
sure is likely to receive hearing which
does not take for granted the full partici-
patton of the miners in the required dis
bursements. We have done our best to
bring this subject to satisfactory issue.
Having pointed out clearly the strength
and justice of the farmers case, we en-
deavored to show the necessity for such
compromises as might protect both the
important interests concerned. That,
however, cannot be done unless there is
frank recognition on the part of
the miners of the obligations IN
der which they lie. Strictly speak
ing, there can be no doubt that
it is incumbent upon them alone to take
care of the debris. They can set up no
pretense of right to inflict injury upon
the property of others. The rights OF
property never included the right to do
wrong The fundamental maxim of the
law is that every man must so use what
is his own as not to injure what is an
Others This maxim is violated by the
hydraulic miners, and to the injury, not of
few farmers alone, but of the whole State
If, therefore, they undertake to sickle for
theirassumed equities, and ignore their man
ifest responsibilities, they are apt to find
themselves in an exceedingly difficult posi-
ton, and to discover that this policy is not
a winning one.
1t is further necessary to point out that
unless there is on all sides some disposition
to couciiation, and unless those remedial
measures which are proposed are examined
temperately and reasonably, the strong
probability is that the end of the session
will be reached before anything is done
1t is very natural that lawyers should
think it their duty to fight the battles of
their clients before the Legislature as be-
fore the Courts, but it is not by this