Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-06-03

hydraulic mines, to which the talings from the sal
mine of the defendant has largely and material
contributed, to depth of from one foot to fiftee
feet, and have thereby been rendered totally unfi
for cultivation or any other useful purpose, an
OF no value whatever. That there ere in the vale
of said Feather river, below Orovie, and With
reach Of its OVERLOOKING waters, over 100 90
acres of valuable agricultural landslide prop
ertv OF citizens Of this State-highly i'm
proved and cultivated, which remain unin
jured, or injured only in 6 small degre
by the overflow thereof and deposits thereon of tail
tngs from said hydraulic mines, but which will b.
subject to such overflow and deposits thereon, an
which viii be overlooked by water, and covered b.
a deposit of tailings from said hydraulic mines
including that of the defendant, and there
by greatly deteriorated in value and useful
ness to the thereof, if not rendere,
totally useless and OF value whatever, within .
very short period OF time, If hydraulic mining b.
! continued by the defendant and others, as at pres
ent conducted and plaintiff is informed and be
lieves and upon such information and belief alleges
that unless restrained and enjoned by this honor
able Court such hydraulic mining will be SO con
tinued by defendant and others during the mex
twenty years, to the utter and total destruction o.
all the agricultural lands and the Improvement.
thereon, and of all the cities and towns within the
valley of Feather river and within the valley of the
Sacramento river below the town of Princeton, in
Coiusa county.
VI Plaintiff further shows that the discharge and
deposit of talings by defendant from its said mine
as aforesaid fouls and adulterates the waters Of
Feather river, at all points below defendants said
mine and down to the junction Of the Yuba river,
as to render said waters unfit for any use by the
inhabitants of said valley, and that in the absence
OF such fouling and adulteration said waters were
and would still be OF first-rate quality for all the
purposes for which water is used by man and beast
VII. Plaintiff further shows that the filling up OF
the beds of said Feather and Sacramento rivers by
tailings from the said hydraulic mines of defendant
and Others, and to which filling the defendant as
! largely contributed and will continue SO to con-
tribute unless restrained by this Court and the con.
sequent overflow Of the banks of said rivers and the
lands adjacent thereto and the deposit of tailibgs
thereon aforesaid, both the natural and artificial
drainage of the lands and the sewerage of the cities
agd towns in the Feather river aud Sacramento val
eys have been greatly obstrueted and thereby said
valleys have been rendered more unhealthy to the
Inhabitants thereof than they otherwise would have
been, and will thereby continue to be rendered still
| mora unhealthy by the continuance of hydraulic
mining, conducted as aforesaid by defendant and
! Others
| VIII Plaintiff further shows that ii hydraulic
mining by defendant and others is stopped and not
again resumed, that the waters OF said rivers will
once commence to scour and carry of the tangs
heretofore deposited therein aforesaid, and within
few years will thereby restore said rivers to their
former and normal conditions OF navigabty, deep
channels AID pure water
IN. Plaintiff further shows that the wrongful
acts of the defendant, above complained Of consti
tute public nuisance of a continuously recurring
nature, produced and continued by repeated wrong
full acts OF defendant and not subject abatement,
but that the only appropriate or adequate remedy
for which Is By inluEe ION from Court of Equity,
and Tor which there Is no remedy at law except by
information or indictment, for misdemeanor,
the penalty Of which is and will be, totally made
quate to suppress the wrong BESIDES such misde
meanor must be prosecuted in the county where it
is committed, and is there trable by jury, where
it would be difficult and generally impossible to
Wet the offender by reason of the great influence
OF those generally guilty Of the ofense, and from
the fact that majority OF the people in those
counties where the cffense is committed regard the
wrongful acts herein above complained of consi-
tutipg public ofense. That the prospect of real
and speculative profits from hydraulic mining as
herein above described and complained of, is gener
ally such that persons engaged in it would suffer all
the prosecutions and penalties Of the law that
could be inflicted upon them, rather than discon.
time the commission of the offense BESIDES num-
erous and repeated prosecutions OF each offender
would be necessary to produce any effect whatever
That the navigability of said Sacramento and
Feather rivers and the value and usefulness of the
agricultural lands of said valleys and the roads and
HIGHWAYS therein, are in imminent danger of total
and irretrievable destruction by the wrongful acts
of defendant above complained OF, and that such
destruction can only be prevented by the writ of in
junction from Court Of equity. That if the
wrongful acts of the defendant and Others above
complained of, continued, the beds and channels
OF the upper portions of said rivers will very soon
be SO filed and choked up by tailings from defend
ants and other hydraulic mines, that said rivers will
he turned from their natural beds and channels and
spread and run at random the entire valleys
in which condition the depth of their waters will be so
diminished that they will have no force power to
said channels or TO carry off the tailiugs de-
posted therein as aforesaid, and said valleys will
become dismal swamps.
Wherefore the plaintiff prays that during the
tendency of this acti n the defendant and all its
officers agents and employees may be Joined and
restrained from discbarging or dumping into said
Feather river, or causing suffern, to flow into
said river. any tailings, powders, eobble stones,
gravel sand, clay, debris, or refuse matter from its
said tract Of mineral land, mine, or elsewhere and
that upon the final hearing and trial OF this action
the said defendant may be as aforesaid enjoined
and restrained perpetually and that plant fl re-
e5ver its cost Of suit herein.
Attorney General OF the State OF California
j. H. CRADDOCK,
Attorney for Plaintiff.
George Cadwalader and p. Van Clief, of Counsel.
State of California, County of Sacramento, S.
S. Z. Wilson, being first duly on his oath,
says that he il citizen of California, and resident
OF Suffer county that his residence for the last
twelve years has been On the northwest bank If
Feather river, nearly midway between Yuba City
and its mouth that during the whole of this time
he has been cultivatiDg at said place farm contain
ing over two thousand acres OF land Il at all the
products OF the said farm las well as that raised
upon the farms OF number of his neighbors) have
been shipped to market by Feather river from aft
ants landing the river bank of his said farm.
Aant further says, that Feather river affords the
only means whereby he and his neghbors can get
the produce of their farms to market; and
that said produce consists chiefly Of hay,
wheat and barley. Affiant further says that
for the last five years, Tor his own
accommodation and that Of some of his neiehbors,
he has mail timed warehouse at his said landing
on Feather river for the storage OF his and their
grain, and its shipment at proper times to market
and affiaut further says, that at said landing and
from steamboats, and barges plying said river he
receives the bulk OF his supplies for his farm ard
farming business. Afiant further says, that he is
one of the largest stockholders in the Farmers
Union Warehouse Company, corporation which
has ma int a n nd & no
maintaining, at Yuba City, large and costly
house, capable Of storing 5000 tons OF grain. Aft
ant further says that he has heard read the forego
ing omplaint, and knows the contents thereof and
that the same is true of his own knowledge except
as to tie matters therein stated on information and
belief, and TO those matters he believes it to be
true. S. Z. WILSON.
Subscribed and sworn to before me, this oath
day of May 1881.
isEALl EDWARD CADwALADER, Notary Public.
THE INJUNCTION.
Upon filing of the complaint Judge Den
son granted the following order of injunc
ton, and at the same time directed that the
attorneys for plaintiff be in readiness to try
the case, as he should regard it his duty to
put other cases aside, if necessary, ID order
to give prompt trial in this, as soon as the
defendant shall be ready and desire the case
taken up:
In the Superior Court Ct Sacramento county.
state OF California. me people OF the state OF
California, plaintiff, vs.. The Iiocene Mining Com
pany, defendant
1t appearing from the duly filed aud verified COM
plant herein, that the plaintiff is entitled to the
relief demanded, and that part OF such relief coa
siss n restraining during the tendency Of this suit
the commission of certain wrongs in the complaint
described.
/; is, therefore. ordered that the above-namcd
defendant and all the officers. superin:endents,
foremen, agents and employees be enjoihed and re-
strained from discharging dumping into Feather
river, and also from causing or suffering to fow
into said Feather river any tailings powders, cobble
stones, gravel, sand clay, debris refuse matter
from It's mine or tract of mineral land, aud that
writ Of injunction issue accordingly.
Done at chambers this I'd day OF June, 1881
s. c. benson, Superior Judge.
THE FANTAsTIcs.-A meeting of the Fan
TASTES was held last evening at the Court
ho...a u Aalc ,,-a.idinn and w L Griotrs