Sacramento daily record-union., 1881-11-05
MUST BE oBEYED.
way CERTAIN HYDRAULIC MINERS ARE
IN CONTEMPT or COURT.
Full Text of the Order Made to Effect
Obedience to the Mandates OF
the Courts
IMarysville Appeal, November Sd ]

Superior Court in this city, made an order
requiring five hydraulic mining companies
to show cause why they should not be
punished for contempt, and commanding
the Sheriff of Nevada county to immedl-
ately shut down the mines of said compa-
MES and keep them closed until further
orders from said Court.
Judge Mayhem is Judge of the Superior
Court OF Tehama county, and he presided
in the Superior Court here yesterday, by
request of Judge Keyser, to hear a motion
in the case of The City of Marysvile vs.
The North Bloomfield Gravel Mining Com
pany ct al. The plaintiff was represented
by George Caawalader and Judge Grad.
dock. There was no appearance for de-
fendants. In moving the Court TO grant
the order given below, Mr.. Cadwalader
produced and read alidavits by c. E.
Sexey, E. L. Nash, r. 0. MeMllan and
Mayor Stone. In brief. the affidGyiis set
forth that certain hydraulic mining com.
panies named below have violated the In
junction issued in the above entitled cause,
and that by reason of such violation and
the lawless attitude of said defendants the
situation of plaintiff is one of constantly
increasing peril, calling for immediate re-
lief. The following affidavit of Mayor
Stone exhibits the main points on which
the motion of plaintiffs attorneys was
made:
AFFIDAVIT OF THE MAYOR,
C. E. Stone, being first duly sworn, de.
poses and says that he is the duly elected,
qualified and acting Mayor of the city of
Marysville, OF which place he has been an
actual resident for over sixteen years, and
he further says that he has devoted much
time and attention to the examination and
study of what is called the debris question,
especially in connection with the city of
Marysville and the Yuba river. Affiant
further says that the general observance
during the past summer of the injunction
issued in the above entitled cause by the
enjoined hydraulic mining companies on
the Yuba river materially improved the
quality OF water in said river and the con-
dition of the said city, and if the observ-
ance of said Injunction had been continued
to this time and throughout the winter, In
the opinion of affiant the water of said
stream would cut, scour and carry away
enough of the sand and sediment in the
channel of the Yuba river abreast of said
city, and would have so deepened said
chsnnel, as to practically avert all danger
of overflow to said city from said source.
Affiant further says that there cannot
be further deposits of tailings from
hydraulic mines In the Yuba river, or its
branches or tributaries, without great and
immediate danger to said city from over
flow by the waters thereof as soon as the
storms of winter come, and without a loss
to such waters of their power to cut and
scour out and carry away the sand ard
sedimentary matter IL the Yuba river
abreast of said city, and afiant further
says that in the past month of October
such of the defendants in this action as the
North Bloomfield Gravel Mining Company,
the Milton Water and Mining Company,
the Boston Mining Company, and the
China Mining Company, in wanton and
contemptuous disregard of the injunction
issued herein, commenced operating their
said mines and commenced discharging
the tailings therefrom into the North,
| South and Middle Yuba rivers at the rate
of about 1000 cubic yards per day, and
ever since have been continuing said oper-
ations, and each of said defendants intends
and publicly declares its intention not to
respect the injunction issued in said cause,
but to violate the same regardless of the
damage done to plaintiff thereby and al
other consequences.
And affiant is informed and believes that
each of said defendants has agreed to
adopt the "passive policy" of resistance to
said injunction and to the orders of this
Court in support thereof; that is to say,
they will continuously operate their said
mines and steadily continue to flow their
tailings into the said river channels, and
will make no resistance to the order of the
Court arresting the parties engaged in the
violation of said injunction, but will suffer
their employees to be taken off by the ar.
resting officers, whose places will be forth.
with supplied by other hired men, and so
the due execution of the law in this case
will be baffied by such unlawful expedients
and, as they claim, eventually defeated.
That in view of all this, and the irrepara.
BILE damage which will result to the plant
iff from the continued violation of said in
junction by said defendants, and of the
vexatious DELAYS sure to occur in securing
due service of the rule herein upon said de-
PENDANTS to show cause why they should
not be punished for violation of said in
junction, it it is necessary that the order of
the Court should compel obedience to said
injunction by forthwith causing said de-
fendants' mines to be closed down and the
waters thereof shut off, pending the hear.
ing of the rule asked for at this time.
Affiant further says that the condition
of the water in that part of the YIba river
abreast of this city is simply intolerable,
said water being totally unfit for any pur-
pose, owing to the heavy surcharge with
the sands and sedimentary matter from
the hydraulic mines aforesaid.
G. E. STONE.
Subscribed and sworn to before me this
I'd day of November, 1881.
N. d. PoPERT. Notary Public.
After the affidavits had been read and
flied, the Court granted plaintiffs motion,
and signed orders requiring certain defend
ants to appear in the Superior Court of this
city on the 25th instant and show cause
why they should not be punished for con-
tempt. The orders also command the
Sheriff of Nevada county to forthwith pro.
ceed to the mines of said defendants and
close them down, and keep them closed
until further orders from the said Court
The defendants against which these orders
were issued are the North Bloomfield
Mining Company, Eureka Lake and Yuba
Canal Company, Boston Mining Company,
Milton Mining Company and China Mining
Company, all operating in Nevada county.
The following is a copy OF the order made
in respect to the Boston Mining Company,
which does not differ materially from the
orders respecting the others named above
THE ORDER OF COURT.
City of Marysville, plaintiff, VS.. North
Bloomfield Gravel Mining Company ct al,
defendants. It appearing to the Court
from the affidavit of G. E. Stone and the
return of the Sheriff of Nevada county,
both of which papers are on file, that the
defendant herein styled the Boston Mining
Company, hydraulic mining company do
ing business at or near a place called
Wolsey's or Moore's Flat in Nevada county,
by the order and writ of injunction of the
Seventh Judicial District in and for the
county of Yuba, made and issued in said
action, was enioined and restrained from