Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-02-22
commrrrEE OF FIETy-sEvEN.
Their Meeting at the Sup arvisors omce
vas+o-dav Resolutions ans Action.

endeav0r to secure its immediate passage.
The resolutions first referred to and which
were published in the RECORD . MON last
Friday morning were then read by r. L.
Devlin, Secretary of the committee. The
Chair then called for report of the commit
tee appointed to draft
a CONCURRENT RESOLUTION
To present to the legislative delegation for
their action, and J. II. Ackune submitted
the following:
Resolved by the Assembly, the Senate concur
ring That the Attorney General IS hereby author
lied and directed to forthwith institute actions IN
the name OF the State against all persons partner
ships and corporations engaged IN mining oy the so
called hydraulic process, VINO deposit 1e VaiiiHs VI
their said mines in or suffer the same to flow into
the channels of any Of the mountain streams Of
this state whose waters empty into the Sacramento
river to restrain and prohibit them from so doing
and be il further
and directed 10 appoinC a Commission, to last one
year, OF three competent persons, VINO shall serve
without condensation, to examine and report to the
Attorney, General when IN their opinion, II al all
tIa ,,ersons partnerships corporations engaged in
such mining and enjOined at the instance OF the
State can assume their operations without commit
ting public nuisance, and without INJURY To any
stream river, bay. or harbor OF this State, or TO
any town city or public property. Such recon-
mendaton shall be deemed a sufficient warrant for
The Acknowledgement to discharge injunctions
sucl anu uelllsS lllG dcLlUuS
in which they were issued and be it further
Resolved That the Attorney-General shall be at
liberty to employ such additional counsel he may
deem necessary to assist him in promptly complying
with this resolution.
IT'S OBJECTS STATED.
Mr.. Cadwalader said l viii state to the
delegation that the committee has arrived at
the conclusion that there are grave doubts
whether our enemies cannot so consume the
l. : ~ T., -,
upon the bill prohibiting hydraulic miners
from using the mountain streams for their
tailings. We have, therefore, concluded to
bring the question directly before the Assem-
bly, without the delay attendant upon the
passage of the bill referred to. The committee
has concluded to ask you to introduce this
resolution, which, in the opinion of the COM
mittee sets in motion the law officer of the
State at the expense of the State, and makes
it necessary for him to proceed to enjoin
these mining acts at once. The committee
think such acts create what is called pub
lie nuisance, a nuisance that interferes with
navigation, prevents cities from enjoying
what they pay taxes to enjoy, threatens
property with loss, and thus come within
the definition of public nuisance. They
think the law is opposed to this, and that 1t is
the duty of the Attorney General to take into
his hands that law and put it into operation.
In order that the conservative nature of the
resolution may be seen and appreciated, the
Chair will state that while we recommend
that the
JUDICIARY POWER OF THE STATE
Be employed, in order to right a great wrong
that is being daily magnifed, they think
there would be great many persons in the
Legislature who would not want to stop
hydraulic mining, hoping that way may be
found in which they may operate their mines
without injury to the interests below Hence
the Commission to be appointed by the Gov
ernoI is provided, so that If upon inquiry 1t
is found that these mines can be proceeded
with without injury to the property below,
then it can be resumed, but not otherwise.
We want the injunction first and at once,
and this may be inquired into after
wards. This is a concurrent resolution
and not a Joint resolution. 1t gives
no new law upon the subject, but
only directs the Attorney General to at once
proceed in the manner pointed out. The
Chair further stated that it was the desire of
the committee to have the resolution first
presented in the Assembly and then trans
mitted to the Senate.
Mr. Van Fleet thought, in view of the fact
that the business Of the Senate was much
further advanced than in the Assembly, it
would be better, in order to obtain immedi-
ate action upon it. to have it first presented
to the Senate.
A discussion followed upon this point, en-
gagged in by members of the delegation and
committee Mr.. Cadwalader finally stated
that the Chair would feel bound to carry out
the instructions of the committee and have it
first presented to the Assembly, unless those
instructions were changed. He would hear
any motion to that effect. None was made.
The members of the Legislative delegation,
with the exception of Mr.. johnson, were
called upon individually for
EXPRESSIONS AS To THEIR BEING IN HAIR
MoNY WITH THE PROPOSED ACTION.
Mr. Baker said it seemed to him there was
an object to be attained, and that was to be
done through the stoppage of hydraulic
mining.
Senator johnson said he should obey what
ever instructions the people of this county
gave upon this subject but he was opposed
! to the portion of the resolution which pro-
vides for a commission to be appointed by
! the Governor. He said there was no ques-
! ton but that hydraulic mining had got to be
stopped or this valley abandoned. The peo-
| pie he said, throughout the entire valley, are
now looking for mounds upon which to gather
| their families and stock to save them from de-
| struction.
| Mr. Van Fleet would cheerfully obey the
instructions of the committee upon these res
olutions, although he did not now see how
! the Attorney could employ counsel
to assist him without a special Act appro-
priating funds for that purpose, as the pres
| ent appropriation bill only provided $500 in
the aggregate to the Acknowledgement for
! the employment of assistant counsel. Ii it is
necessary, he said, to stop hydraulic mining
| ia order to overcome the present evils, he was
| in favor Of any steps to that end.
AN EXPLANATION GIVEN.
Mr.. Young said he wassn favor of putting
q stop to hydraulic mining, and he supposed
every sane man in the cities of Sacramento
and Marysville, or in fact in the whole val
| ley. would be in favor of the principles en-
bodied in the resolution.
Mr.. Cadwalader-Then why did you disre-
| gard the instructions of cur committee, when
We instructed our delegation to strike out the
word misdemeanor from the Senate bill
aud make it a civil remedy? And instead of
this you even introduced bill to make it a
! higher crime-a felony.
Mr.. Young-What do you mean?
Mr. Cadwalader-Did you not introduce a
bill making it felony to carry on hydraulic
mining?
Mr.. Young-Does the gentleman want me
to answer him plainly?
Mr.. Cadwalader-Yes
Mr.. Young-Nery well. | did so, in the
first place, because do not believe TO make
the punishment misdemeanor is sufficient.
These men will pay small fines and continue
their hydraulic mines for years to come.
They will pay them as often as they are i'm
posed. If you strike out misdemeanor and
make it simply civil remedy, it will impose
upon this city and Marysville prolonged
litigation, at the tune of 500, 900 for attor-
ney fees, and by the time it has passed
through our State Courts and the United
States Courts three years or more will prob
ably be consumed. During that time our
valleys will be destroyed. Ii you make il
a felony, as my bill of Saturday makes it,
they are not permitted to pay small fines and
still continue their destructive work but il
they continue to run their tailings into oul
rivers, the only
PUNISHMENT WILL BE STATES PRISON,
And rather than go to there these mer
will refrain from carrying on the mine:
in the present manner. l say, further, die
not disregard the instruction of the commit
tee. When the Senate bill comes before the
House, upon which l was instructed, ] will
vote for it. The bill l introduced on Satur
day was mine. l was not instructed II
regard to it. The further reason why
make it a felony, and don't con
fine it simply to civil remedy
is this, that believe the Interior object o.
the person who peuned that instrument was
writing in the interest of attorneys and large
attorney fees, and l as taxpayer in the city
of Sacramento am opposed to Sacramento