Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-07-30
ANTI-DEBRIS.
INJUNCTION AGAINST THE GOLD RUN
DITCH AND MINING COMPANY.
Granted upon Complaint CT the Attorney
General-Letter from the Attorney
Generalization Taken.

The suit heretofore instituted against tht
AIiocene Mining Company having been trans
ferred on motion of the defendant to ths
United States District Court, which pre-
vented its consideration and decision by the
Courts of this State, the Attorney -Geners
yesterday fled complaint in the Superior
Court of this county against the Cola Rur
Ditch and Mining Company, resident de-
fendant, for the purpose of obtaining an
injunction and decision of the State Courts
as to tha right of the owners of hydraulic
mines to discharge the tailings or debris from
such mines into the streams of the State.
This action is brought by the Attorney.
General personally, because of the change OF
venue referred TO. The Atlcrney-GeDerali is
desirous of having the whole matter reached
and finally adjudicated in the State Courts at
the earliest possible date, and the institution
Of this suit was, that the legal principles
involved may be brought TO issue and
trial by the most expeditions judicial pro-
ceedlngs. The suit is instituted also III re-
sponse to large number OF petitions received
BIZ the Attorney General from various coun.
ties injuriousiy affected by the flow of mining
debris down tie streams and the deposit OF
the same upon the agricultural lands of the
valley. The entire matter is clearly set
forth in letter from the Attorney General
as a reply TO George Cadwaiader and Others,
which accompanied his signing the complaint
instituting the proceedings and which is as
follows:
ATTORNEY GENERALS OFFICE,
sAcRAgRSro, July %, 1881
Dear Sir: The petition, signed by you and Others,
~. Il fnp al Il
ing for the right 20 commence and prosecute an
action in the Of the people of the State against
the God Run Ditch and Mining Company, TO enjon
that comnany from depOsiting its Debris in the
American river, has been duly considered by me-
Several other petitions OF the same character have
been presented TO me, but have been endeayoring to
moderate the litigation growing out OF this
important controversy, and hence have con
cluded, for the time being, 20 allow only
one OF the actions III which petitions have been
filed TO be commenced aud, as all the petitioners
are Interested more II the general result than in
any particular action, have determined to grant
the petitions OF all to the extent Of allowing all the
petitioners aud their attorneys 10 participate IN one
action | allow tho action 10 be commenced against
the Gold Run Ditch and Mining Company, III
preference to all others, because that company iav
ing been incorporated in this State, appears in the
ayerments OF the petition Ii clnnot delay the trial
aud final determination OF the action, by
transferring it TO the United States Courts,
unless It can show that some Federal
question is involved in the controversy and
that transfer may be had, by writ Of error,
after the cause has been tried and finally deter
mined iu the State Courts. These petitions have
been before me for some time. as YOU are aware,
aud have hitherto refused to perm the act ons 10
be begun because Of the pendency Of another action
Of the same nature against the Mi0oene Company
Il is desirable that this litigation should be limited
as n uch as possible for many and very pOteut rea-
sons Aside from the expense both Sides for costs
and Ia the employment Of counsel which
would follow unrestrained litigation
of sthe matter, the importance OF the
questions and the magnitude Of the interests IL
Volved, render il reasonably certain that whole
sale resort to legal restraints by the one side upon
the other would engender bitterness between
the different localities which might seriously en-
danger the peace and prosperity now existing
throughout the State. Il has therefore been my
policy 20 test the question in action II rossible,
and II was my sincere desire that instead Of reso;
ing TO technical means OF procuring delays both
parties IN the MlCcene case would Join ne
IN my enGeavor to have the question speed
iiy settled at as lttle cost as possible.
That ease, however. has been transferred
to the United Ststes C urs, AZ the in
stance Of the defendant, and is ls now impossible
to say when it nsy be brought to trial. Motions
designed only Tor unnecessary delay may be made
by the defendants in these actions. ! have 10
power to prevent the Gesendants from consistently
and pcrsz tsntly pursuing such policy. So tar,
however rs the plaintiff Is concerned, shall ms st
uDcn the right 10 control the cause Of the state,
aud shall force the plaintiff 70 . trial whenever the
issues are settled ana the OeleuaIBt announces
itself ready. must also insist thu the defendant
shall come to an early trial of the matter.
The relief asked for by the petitioners is that
certain alleged damages shall be prevented. Every
day diminisbes the reasons which induce the pre-
ssIitation OF these petitions to me, because every
dag, it is alleged is accompanied with some OF the
damage winch the petitioners ask 70 have re-
strained. While, therefore, It is ray dsre 70 avoid
virtual decision of the question by myself, aud to
relieve the hydraulic miners from much expen-
sive litigation possible, cannot, consistently
with my official duty, permit the hydraulic miners
TO avail themselves OF my lenencY for the purpose
CT accomplishing that which the petitioners
ask that they be prevented from doing,
by procuring repeated delays, ami thus
pos. pJning the settlement OF the question.
While | willing to treat both pa ties with per
fec5 fairness and lmpartality, must insist that my
treatment shall be received and acted upon in a
spirit of equal fairness. therefore announce again
that in granting this petition it is my present nten.
ton TO eonf1e the petitioners 70 this one action,
and that fbe people must to trial whenever the
defendant is ready. IT, however, the defendant re-
sorts to deay for the purpose of defeating the OBJ
jeets herein above expressed will make it interest
isg to the other side 70 bring the matter to speedy
trial if IN order 10 do so it is necessary for to
join every hydraulic mine in the State. After years
Of preparation beth parties must be ready for trial
and arl specific in expressing my own policy in the
future. because It may result in inducing both side.
to desire trial and speedy determination OF tins
matter 1 am felly convinced that an early settle
nent Of the question VIII be for the best interests
| both sides.
Ihave the honor to be. yours, respectfully,
A L. HART, AtsorHey-General.
| TUE COMPLAINT.
| In the Superior Court Of the county Of slcra
mento, state Il California. The People Of the Stat
OF California, plaintiff, The Gold kGn Ditch ans
4 Mining Company, defendlnt.-The people Of TIN
state OF California, by A. l. Hart It's Attorney Gen
! eYa BOW come and complain against the Gold Run
! Ditch and Mining Company, and Tor cause OF com
| plant show TO the honorable Court, as follows, t,
/ wit
That tbe Sacramento and American river
! lie entirely within the limits OF the Stat
! OF California that the latter is a tribu
I tary OF the former, and enpties into it in sacra
mento county, about one mile north Of Sacramento
| city. That the Sacrament river is naviga5l
! stream, and has been continuously nayigated b.
steamers, barges, schooners aud smaller craft sine
the summer OF 1919; and during the earlier part
| that period, and up TO the summer of 1862, wa
naygated from the bay of San francisco to the cit
OF sacramento, at all stages of water, by ships
ocean steamers and other water craft. That tn
sacramento river has been declared nayigabie b.
| the Legislature OF the State TO the extent men
toned in section 2340 Of the Political Code of sal
State, and to that extent is and has been actual
ilavigabIe That since 1862 the navigation Of sal
river has become seriously impaired by deposits Q
tailings therein from hydraulic mines so that nos
it is only during the highest stages Of water tha
the city of Sacramento can be reached from the ba
of San Francisco BY ships ocean steamers or vessel
OF deep draft
That hydraulic mining prnctced and un
| derstood, is mode or process OF mining for golt
by which high banks Of earth and gravel, usual
composed of streaks containing gold enough TO pa
for the washing and streaks that do not-the latte
| in cubic contents largely predominating-ar
| washed and removed from their natural position
after being shaken up and shattered by means 0
immense blasts Of powder, into sideways ant
fumes, and thence into the natural water cour:e
| or rfV nv If lar ctr Of 70