Sacramento daily record-union., 1881-09-29
GOLD Rua MINING CASE.
It is Set for Trial-synopsis Of DEFENDANTS
Answer


the 18th Of October. 8fr. Byrne, on the
part of defense, szid that the defendant.
COUNSEL would be ready for trial at any
time from the 18Th to the 18th Of
October, in accordance with previous
understanding. Mr.. Cadwalsier desired the
case to be delayed until the 10Th of Noyem-
Der, and claimed it could not be prepared FOR
! trial sooner. Judge benson desired and
suggestingly urged that the date be not later
/ than October 18th to 18th. The Assistant
| Attorney General and Mr. ByIne again con-
CURED in fixing such date, but in deference
| TO the repeated earnest requests and repre-
sentatious Of Mr.. Cadwalader for delay, he
was finally granted until November 1st, and the
! case was placed upon the trial calendar Tor
/ that date. The answer Of defendant to
! plaintiffs complaint was filed yesterday. IL
| i very long and repetitiye in form, but The
FOL owing is synopsis Of the denlals and
avermsnts made:
| l. Defendant denies that up to the sum-
mer of 1862, or at any time, the Sacramento
river was navigable from the Bay OF San
Francisco to Sacramento, as all stages OF wa
| ter, by ships and ocean steamers, or was nav
| igable for such ships and steamers at apy
time, but AYERS that the river has always been
navigated by steamers and sailing vessels con
| structed for that purpose that the character
Of boats tasbot been charged, aud that the
naTigability Of the river has not been i'm
paired by deposits or tailings from hydraulic
mines.
II. Defendant denies that hydraulic mines
OF this State are composed of streaks OF earth
containing gold aud others that do not, but
AYERS that from the suaface to the bedrock
are fine particles of gold, and this is especially
true of defendants mine.
IlafapIapt Eeriaa that any pen0sIt
from said mine has, or will be, washed down
or deposited with the Sacramento river, or
| that such deposit from said mine has or will
contribute to the obstruction Of the naviga
bility Of said river.
". Defendant AYERS that hydraulic min
ing Is one of the principal and most impor-
tant industries of the State. and that it is not
true that it attained great dimensions il 1876.
but that it has been carried on extensively
for the twenty years last past.
V. Defendant denies that any deposits or
tailings from defendants mines, or any hy-
drauic mine in Placer county, have been
washed or carried into the Sacramento river
below its junction with the American river
VI. Defendant denies that deposits from
said mines in Placer county raised the bed or
filed up the channel OF the American river
below Alder creek, or the Sacramento river,
or had widened the beds of said rivers, or
either of them, or Swallowed the channels, or
formed bars in the same, or in any way OF
strucGed OF tended to obstruct navigation.
VII. Defendant denies that it employs
supply of . 600 inches of water, or any
greater quantity than 2, $50 that it has been
using any OF said amount since the COM
mencement OF this action, upon its said mines
or elsewhere, or that it has been dumping
l3 800 cubic yards daily or any tailings from its
mines into the North Fork of the American
river, any tributary thereof, since the
commencement of this suit; or thatits yearly
dizcharge of tailings from said mines has
been 2, ,500000 cubic yards or any guam
titY above 800 000 cubic yards annually +; and
defendant AYERS that if its mining operations
were resumed and continued it will not
dump into Canyon creek ?, 800, 600 cubic
yards annually, nor more than 800, coo cubic
yards. Defendant denies that it has declared
by agents or otherwise, that il intends TO re-
sumo its operations and wash down its min
eral lands at the rate stated, or at any rate
to exceed 500 600 cubic yards per annum
and alleges that it is impossible to say how
much Of its lands defendant will wash away
but only so much as can be profsab,y worked
and that it is impossible to state how long it
will require to work ont its said claim.
VIII. This division Of the answer recap
itulates all the previous denials as to any de-
posits or tailings from defendants mine hav.
ing been washed into or lodged in the
American or Sacramento rivers, or that nayi-
CATION has in any manner been impaired by
any such tailings or that defendants mine
has in any manner or to any extent CEN
trihuted to making any such deposits.
IX, Defendant denies that the continuance
of its mining for the next two years, as con-
Quoted during the past two years, or at any
rate reasonable to be expected, can or will
impair the navigability OF the Sacramento
river, or that any future operate of said
mines can or viii impair it.
y. Defeadent denies that the operations of
its mines in the past, or as contemplated in
the future, constitute public nuisance of a
continuously recurring nature, or any
nui-ance whatever, or that an I'M unction from
a Court OF equity is the only adequate remedy
for the abatement of such nuisance, even il il
existed, as alleged in the complaint, but that
the remedy at law is sufficient t. suppress
such wrong, if it exists Defendant further
denied that it is or would be difficult to con-
Wet for such offense against the law in
Placer or other mountain counties of the
State where the owners or agents of such
mines reside, or that the prospect of profits is
such that persons engaged in it would suffer
all prosecutions and penalties that could be
inflicted by law, rather than discontinue such
mining, or that numerous or reported prose.
cutions would be necessary.
XI Defendant denies that the navigability
Of the Sacramento river, or the roads or high
ways in the American and Sacramento val
leys. are in danger of destruction or injury,
from alleged wrongful acts of defendant, or
by anything that it intends to do also
denies that from the tailings or deposits from
defendants and other mines, the beds Of the
American or Sacramento rivers will become
so chOked and filled up as to turn said rivers
from their natural channels, or that said
valleys viii thereby become dismal swamps,
and incapable of cultivation or habitation, or
that the working of said mines will in any
wav contribute to such injurious results.
MI. Defendant as a separate defense AYERS
that it is Il duly organized and incorporated
body, under the laws Of the State, for the
purpose OF mining by the hydraulic process,
and has been engaged in hydraulic mining,
and the sale of water to miners and others
since August, 1870; that it is the les al owner
and possessor of the mines and mineral
lands mentioned in the complaint; that de-
fendant has been the owner and pOssessor OF
said land aud mines since 1872 that
the natural discharge of water and tail
ings from said mines is into Canyon
creek, which empties iato the north fork OF
the American river about seventy miles by
river above Sacramento; that said mines
are located in the Gold Run mining district.
which was organized in 1854. and which has
ever since maintained its orgsniz alton as
such that said mines were located and ac-
quir5d by the grantOrs and predecessors of
defendant in accordance with mining laws
and customs OF miners in said district, st
various times between the years 1854 and
1868 that the right and title thereto has
ever since been hsld in accordance with such
laws. customs, etc, and in accordance with
the statutes OF CalifnTnis, snd the decision
OF the Courts Of said State aud the Acts Of
Congress: that said mines are Of the class
distiDctiyely known as hydraulic mines, and
have been continually worked a. such by the
present aud former owners from 1884 10 1881,
during all of whi,h time defendant aud is
predecessors have discharged the tailings and
water there from into said Canyon creek
and upon its banks, bsing upon
lands owned by defendant and held
under mineral patent from the United
States and that such mining and discharge
of water ami tailinEs was in accordance with
the laws and customs OF miners and the stat
utes and decisions Of the State and the U nited
States relating to mings aud mineral lands
that said Canyon creek is the natural and
only outlet from defendants mines: that the
discharge of tAilings aad water tharetrom
since 1854 70 July last have always been upon
defendants oEu patented lands In said Can
you creek and upon is banks, and nowhere
else, sud that only such quantity Of tai iogs
have been so dumped as was Indispensable in
working said mines, and as defendant had
right TO do. Defendant AYERS that sixteen
hours per day, for five months in the year, il
the average time during which it has worked
It's said mines thas , $50 inches of water IS
the full amount used at any time, and that
not more than 5skl fsl1 ruhir vardz ~ auth