Sacramento daily record-union., 1881-11-16
DEBRIS.
A HYDRAULIC MINING CASE ON TRIAL
LII TIE SUPERIOR COURT.
The Filling Of the Rivers-People VS..
Gold Run Ditch and Mining
Company.

The case of Tie People vs.. The Gold Run
Ditch and Mining Company came on for
trial in the Superior Court yesterday, before
Judge jackson Temple, Of Sonoma county.
The Judge was unable to open Court until
1:39 P. NJ, the case being postponed until that
hour by Judge Densop, at his request. On
the calling of the case there appeared for the
People Attorney. General Hart, Judge A. L..
Roades, Judge I. S. Belcher, George Cad
walader and W. G. Belcher. For the de-
feadant there appeared Samuel NJ. Wilson,
Judge W. T. Wallace, A. P. Catlin, ]. K.
Byrne and A. B. Dibble. At 1:30 P. NJ.
Judge Temple took the bench.
The Court-Are you ready in the case of
the People VS.. The Gold Run Ditch and
Mining Company.
Mr.. Wallace bowed en- affirmative. Mr..
Hart signi6ed his readiness.
THE CASE.
Mr.. Hart then briefly stated the case OF
the plaintiff, as set out in the pleadings, the
Court intimatirg that that would be suf-
fcient. MIR. Hart said that the action is by
the State against the mining company,
which is alleged to be a corporation conduct
ing the business of hydraulic mining in
| Placer county, some seventy miles
from Sacramento. on Canyon creek ravine !;
That the defendant there owns large tract Of
land devoted exclusively to hydraulic min
| iug; that the tailings of the mine-the
debris-is deposited on the bank of the creek,
which is tributary of and flows into the
North Fork Of the American river that lands
| in the county Of Sacramento and other lands
along the American river in an early day
were susceptible of cultivation, subject ocea-
sionally to overflow, but not so much SO as
now that the American river used to flow
into the Sacramento directly at Sacramento !;
that the American has two other forks, the
| Middle and South that along these three
forks hydraulic mining is extensively prose-
cuted; that the debris from such
mines deposited in the ravines is carried
into the North Fork. That in the mountains
the fall of the river is heavy, averaging in all
its length forty feet per mile, and in some
| places DSiuS 1.OOO fCOS p0E lliiC stuo iu osiSio
being direct cataract. That the river is
only swept clean of debris by its velocity at
these sleeper places above Folsom, but froia
there down is deposited along the river bed
and banks. That the result has been to fill
up the river, which, before the era of hy-
draulic mining, was clear stream of good
water fit for ordinary domestic uses, but
since the filling up alleged, which has been
done by the mining of defendant and that
system, the stream has been muddied and
the water destroyed for such purposes.
That the river at Sacramento has filed up
some thirty-ive feet, and thus the dangers of
inundation have been increased and the navi.
gability of the Sacramento river impaired by
portions of the debris being carried into it.
| That the debris is also deposited on the lands
and produces, from some element in it, ma
larial diseases, to the injury of the public
health. That all these things constitute a
public nuisance That it is expected it will
be shown that the business and acts of the
defendant obstruct the navigation of the
Sacramento river. That the average fill of
that river is fifteen feet. That the debris de-
posits have destroyed gardens and orchards,
destroyed homes, covered up houses ana trees,
and that in evidence of it, barge which once
Law on the bank of the stream is now thirty
feet beneath the soil. He believed it was ad-
mitted that the defendant owns the mine,
carries it on by hydraulic processes, etc., and
that the chief denials are as the obstruction
OF the navigable streams.
PREPARING.
Mr.. Cadwalader suggested that the action
Of Judge benson in overruling demurrer of
defendant, and in making certain orders as to
a motion to strike out, be taken as the ruling
of Judge Temple as of that date November
15th). as Judge benson had filed certificate
of disqualification.
Mr.. Hart-Judge Denson did that by con
sent.
The Court-If you enter il as of to-day it
will give more time to defendant to plead.
Mr.. Cadwalader-It had better be closed
up right now, even if it was by consent. As
it now stands it is in Objectionable form.
The counsel for defense here held q con-
sultation, aud after the record was read the
desired order was made, with the understand
ing that while the pleadings are fixed, that
the exceptions of defendant are taken, and
that the date of the bill of exceptions now
made up may be changed. This included an
understanding that Judge benson had entered
an order vacatiDg and setting aside the
previous orders, and that this should now be
rssubmitted, and that the present Court
should make the same ruling that Judge Dem
son did. This preliminary being settled to
the satisfaction of all, Mr.. Hart called his
FIRST WITNESS.
Mr.. Hart-We call I. N. Hoag.
l. n. Hoag was then sworn, and testified
in response to questions propounded by At
torney. General Hart:
live in Washington, Yolo county, and have
since about February, 1850. Came by way
of the Isthmus. Arrived in San Francisco
June So 1S49. Came thence to Sacramento
on o schooner. Went to the mines on the
American river July 8, 1919. Remained in
the mines to November or October l. 1S49.
Washington is the town opposite Sacramento,
on the Sacramento river. There was no
town there then, but one was being projected.
Sacramento was then on its present site.
When I first came here some buildings were
on Front street. The streets at right angles
to it had not then been cleared up. I was
here then but one night. When l came back
J street was opened up come distance, with
cloth and wooden houses, to Third or Fourth
streets, and X street the same. Have been
in Washington ever since continuously.
knew the condition of the Sacramento and
American rivers IN 1850.
O.-Exemine this map and see If you
recognize it?
Alt is map of Sacramento. 1t shows
Sacramento as now located anu as originally
located. The lake in here then ran down to
the river. It now has no outlet now to the
Sacramento river. Originally the American
emptied into the Sacramento, as here on the
map indicated, at the city. Now it enters
into it half mile above and nearly straight
The current at the old mouth has been cut
off.
Mr.. Hart-This is map Of 1850.
Witness-I think the current was changed
and the curve cut off about ten years ago. It
was when Judge Swift was one of the Trus-
tees. I know that, because / predicted
it would food US in Yolo, as it did
Now the American enters into the Sac
ramento fully 800 feet north of the furtherest
street of Washington. I have gone up the
American river in 1852; there was fire that
swept Sacramento November I'd; the next
day it began to rain, and it rained till the
rivers were high. The American river flowed
over back of the city, SO teams could not get
in. then transported goods for people up
the American TO Hoboken. It was a fat
bottomed steamer carrying % tons. Hoboken
was about four miles in straight line from
the Sacramento river front by the river it
was some six or eight miles-perhaps not over
six. I examined the river but little in
summer. The water in the American
river was clear in 1850. In the
fall Of 1850 bought scow at the old mouth
of the American river. I saw then how clear