Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-06-03
WAR AGAINST DEBRIS.
AN ACTION BROUGHT IN THE NAME OF
THE STATE AGAINST sLIcKENs.
Full Text Ct the Complaint-ProceediDg IS
in the Case-An Injunction Granted
Against the Miocene MIXING
Company Pending Trial.

! tuu Ie4U C1 luS Op-AP@~-As -~SSS~>,~- .
in the Case-An Injunction Granted
Against the Miocene MIXING
Company Pending Trial
The county of Suffer recently flied pet
ton with the Atterney-Ge of the Stat
for the right to bring an action in the nam
of the State, and use his name as Attorney
General in said action, the object of the sui
being to enjoin the Miocene Mining Com
pany from continuing its hydraulic mining a
the place named in the petition. This peti
tion was subsequently supported by sirnila
ones from other counties, asking that the pc
tition of Suffer county be granted. TIL
Attorney General upon consideration, ant
bonds for costs having been furnished, granted
the request, and complaint was yesterda,
filed in the Superior Court of Sacrament
county, and an order of injunction pendln!
trial was granted by Judge benson. The fol
lowing is the complaint and all the proceed
ings in the case thus far:
/ sTHE COMPLAINT.
State of California, in the Superior Court OF Sac
iorna upon the relation of Suffer county, plaintiff
| vs. the Miocene Mining Company, defendant
The People of the State of California, by A.
Hart, its Attorney General, now come and complain
against the Miocene Mining Company, and for cause
of such plant show to the honorable Court as
follows to wit:
| l. That the Sacramento and Feather rivers lie
entirely within the limits of the State OF California
that the latter tributary Of the former and both
| are nayigable rivers, and have been continuously
nayigated by steamers, barges and smaller crafts
and vessels during the last thirty-one years, and
during the earlier part OF that period said Sacra-
mento river was nayigated from the Bay OF San
Francisco to the city of Sacramento in ships, and
ocean steamers, and other water craft; that said
Feather river during the first twelve years OF said
period and before the navigation thereof was much
impaired by the deposits therein of tailings from
| the hydraulic mines, navgable from its mouth
up to the towns of Marysvile and Yuba City, at all
stages OF the water, by steamboats, OF large size,
and is still navigable by small steamboats, of
| light draueht and by barges and other small ves-
sells and during the higher stages OF the water by
| large steamboats,; that both of said rivers have
been declared by Acts of the Legislature OF the
State Of California to be navisable to the extent
stated in Section 2349 of the Political Code of said
State, and to that extent have actually been SO.
IL. That hydraulic mining as now practced and
understood, is mode or process OF mining for gold
| by which high banks OF earth aud gravel usua ly
composed of streaks cont lining gold enough to pay
for the washing, and streaks that do notthe latter
in cubic contents largely predominating
washed and removed from their atutal position,
after being shaken up and shattered by means of
immense blasts of powder, into sideways and
fumes and thence into the natural water courses
and rivers, by means OF large streams of water
forced through iron pipes and thence discharged
from nozzs attached to said pipes with gre at force
and velocity against the said banks OF earth and
gravel, by heavy water pressure of from hun
dred feet to four hundred feet in height the gold
being separated from the earth, sand and gravel by
the action of the water, and retained in the pave
ments of said sluiceways and fumes, whilst the
refuse matter consisting of bouders cobble stones
pebbles, sand and clay, generally called and known
as "tailinss." or "de5ris from the mines," is
washed into and down said natural water courses
and rivers and deposited in the beds and channels
thereof throughout their entire length the heavier
portion thereof being first deposited and lodged
in the upper portions OF said water courses and
rivers, whilst the lighter portions thereof are
ried further dow aud deposited in the lower por-
tons of said rivers This hydraulic process Of min
ng has been practiced and ried on to some
extent the mountainous parts of the State Of
Californi during the last twenty ytarsit attained
great dimensions about the year 1876, and at
the present time is carried on extensively,
principally in the counties OF Butte, Yuba,
Sierra and Nevada, and on smaller scale in some
of the other mountainous counties. The tailings
from all the hydraulic mines worked IN the four
counties above named are discharged into the
Felther river and the streams tributary thereto,
and large portion thereof have been deposited and
lodged in the bed and channels of said Feather river
throughout its entire length below the town of Orc.
VILE in Butte county, but large portion thereof
has been washed and carried BY the water into and
down the Sacramento river and deposited in the bed
and channels OF the last named river throughout its
entire length below its junction with said Feather
river.
III. That prior to the month OF February, 1881,
aud before the commission Of the wrongful acts by
the defendant hereinafter complained Of, the deposit
of taings from the hydraulic mines, as aforesaid
in the beds and channels Of said rivers had filed up
and raised said beds and channels to considerable
extent in the lower portions OF said rivers, and to
much greater extent in the upper portions OF the
navigabe part of said Feather river, and had greatly
widened the beds OF SAID rivers and Swallowed the
channels thereof, and thereby had considerably
paired and INSTRUCTED the navigation thereof and
had caused said rivers to overflow their banks and
to submerge large portions OF the adj acent lands
the property Of citizens OF this State-during the
seasons OF high water, and thereby had interfered
with and distracted the free and comfortable use
and enjoyment OF said lands by the owners and oc
eupants thereof to much greater extent thsn at
any time before said rivers were so filed up, rs
aforesaid, by said tailings, and 10 much greater
ex ent than said lands would have been overlooked
or the use and enjoyment thereof would have been
interferei with or obStlucted had not said tan2s
been SO deposite as aforesaid, in the beds and
channels OF said rivers.
~ That the defendant herein, the Miocene MIN
ing Company. is a corporation organized in the
State of New York under and by virtue OF the laws
OF the State OF New FORK, for the purpose OF mining
in Butte county, OF the State Of California That
ant acquired the possession Of and claims 10 own
large tract Of mineral land to wit: about 800
acres, situate adjacent TO said Feather river,
on the north side thereof, about one
mile above the said town OF orovie. The sur
face OF said tract Of land is generally about go feet
above the owwater level of said Feather river and
is susceptible OF being worked and mined by said
hydraulic process depth of about thirty feet be-
low the surface, and TO that depth is composed OF
various strata Of cement gravel, piPecay and sand,
the greater part Of which, except the pipe clay con-
tanning small PARTICLES Of gold. That by means Of
ditch and iron pipes defendant has c0nduc cd to
sid mine q constant supply Of 5000 inches of
water which IL is using, and viii continue to use,
under vertical pressure OF $50 feet, 70 mine its
said tract OF land By said hydraulic process, dis
charging the water through monitors, from nozZles
Of eight inches in diameter, and dumping all the
talin.s from such mining directly into SAID Feather
river, Immediately adjacent 10 sad tract OF mineral
lsnd That the defendant commenced to mine its
said trac. of land in the mode ard by the process
aforesaid on about the - day OF February,
1881 and since that day has di charged and
dumped into said Feather river, at a point adj
lucent to SAID TT ct oil land, 1000 cubic yards
per day of solid material from said mine, com
posed of small bOwlders. be-stones, gray l,
sand and clay, during all the time il has so mined
and at that rate it will require twenty years
TO mine out and exhaust said tract Of lani. and
plaintiff ia Their shows that the defendant, by its
agents has declared its intention, and really in
TENDS u continue TO mine said tract OF land in the
manner nd the rate azores aid and to discharge
and dump the taiiiggs from such mining ground
into Feather river aforesaid, until said tract of
Iand shall be mined cut and exhausted, and will
continue g. mine and to discharge and dump said
tliiiags into Feather river, unless enjoned and
strained BY order OF this honorable Court That
the tailings discharged and dumped into Feather
river by the defendants Aforesaid have been washed
and removed down said rivers by the natural force
Of the waters and eomningled with tailinss from
other hydraulic mi es, and with them have been
deuosited and 10 lged in the beds and channels Of
SAID rivers a2d upon the lands adj acent to said
rivers That since the defendant commenced 10
mine in said tract OF land as aforesaid, the beds and
channels Of the Feather and Sacramento rivers
have been filed up, raised, widened and shall
lowed by the deposits therein OF taiiDss from the
dcfendants mine, and other hydraulic mines
aforesaid 70 a much greater extent that at any
time before and by reason thereof the nav1gati n
OF said rivers has been impaired aud oossrucsed,
and the banks thereof and the lands adjacent
thereto have been overhowed and injured TO
much grelter extent than at any time before the
commencement Of such mining by the defendant as
aforesaid and that by said MIXING and discharge Of
tailings into Feather river by the defendant as
aforesaid said defendant has largely and materially
added aud contributed to the said filling up, raising,
widening and Swallowing Of the beds aud channels
os said rivers, and TO the impairment and obsruc-
ton Of the navigation Of said rivers. and also tn
the said excessive overflow Of the banks and landJ
sdiacent to said rissrs the great injury OF said
asds, and TO the damage, discomfort aud iut-lera-
bic annoyance OF the owners OF said lands and the
residents thereon.
v. Plaintiff further shows that the power and
force Of the water 20 scOur out and carry eff the
tailngs from the hydraulic mines deposited in the
beds and channels OF said rivers aforesaid, are