Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-07-30


has largely contributed and will continue so Il
contribute, unless restrained by this Court, ane
the consequent overflow OF the banks OF salc
rivers and the lands adjacent thereto, within the
I described limits, 5nd the deposit OF failing:
| thereon as aforesaid, both the natural and artii
cal drainage of the lands and the sewerage OF the
cities, towns, and villages in the American river
/ aud Sacramento valleys have been greatly Ce-
s5rueted, and thereby said valleys have been rsn-
d1ed more unhealthy 70 the Inhabitants there
| than they otherwise would have beer, ana will
/ thereby continue to be rendered still more un
| hsaithy by the continuance OF hydraulic mining,
| conducted as aforesaid by defendant and others.
| Plaintiff further shows that if hydraulic mining
! by defendant apd others Is stopped and not again
resumed, that the waters Of said rivers viii at once
commence to seour and carry off the tailings here
tofore deposited therein as aforesaid, and within
few years will thereby restore said rivers to their
former aud norm i conditions of HaYigabiliy deep
channels and pure water
Plaintiff further shows that the wrongful acts
OF the defendant. above complained OF, constitute
. public nuisance Of q continuously recurring
nature, produced and continued by repeated
wrongful acts OF defendant, and not subject to
abatement, but that the only appropriate or ade-
gHate remedy for which. is by injunction from
Court of equity, and for which there is 30
remedy at law except by information or indiet
ment, as for a misdemeanor, the penalty of which
is, and will be- totally Inadequate to suppress the
wrong; besides, such misdemeanor must be pros
eeuted in the county where it is committed, and is
there triable by jury, where It would be difficult
reason Of the great influence Of those generally
guilty OF the ofenses ana from the fact that
majority Of the people IL those mountaia counties
where the ofense is commit tied regard the wrongful
acts hereinahoye complained OF constituting no
public oease- That the prospect OF real and specsl
latiye profits irem hydraulc II Ming, as herenaboFe
described and s2nlplained q, is sensray such that
tions ard penalties of the law that could be Inflicted
upon them, rather than discontinue the commission
of the ofensa; besides, numerous and repeated
pross cutons OF each offender would be necessary to
produce any feet whatever
That the narigability OF said Sacramento river,
and the value and usefulness of the agricultural
lands Of said American and Sacramento valleys, and
danger Of total and irretrievable destruction BY the
wrongful acts OF defendant above complained OF,
ana that such destruction only be prevented by
the writ OF injunction from Court OF equity
That ii the wrongful acts Of the defendant and
others above complained Of, continued the bees
and channels Of the lower portion Of said American
river and the Sacramento river below the moutnoi the
am rican. viii very soon be filed and choled up
by tlililgs from DEFENDANTS and other hydraulic
mines, that said rivers win be turned from their
natural beds and channels, and WILL spread and
al random over the entire val cys, in which condi
tion the depth of their water viii be diminished
that they viii ia no force power 10 scGur said
channels to carry of the tangs deposited there
in af1r said, and said vpileYs VIII become dismal
sNamps, in apable of habitation or cultivation
2 Wherefore the plaintiff prays that curing the
officers Superintendent, agents aud employees mey
be eujciued and restrained from discharginc or
dumping into said North Fork cf the American
river, or into any stream or canyon tributary
thereto, and especially Canyon creek and also from
causing suffering flow into said river any tail
iags. bouiiers cobble-stOues gravel, sand. clay
debris, or refuse matter from its said tracts OF
q inera land, mines, or elsewhere, and that upon
ieudsGt may be go as Aforesaid enjoiued and
strained perpetuaiy, and that plaintif recover its
sts Of suit herein 4. L. HART,
Attorney General of the State 0! California and
Geo. ,adwalader, l. 5. Belcher, a. L. Rhodes
stabler Bayne OF counsel, attorneys for plaintiff
Upon fling the above, Judge benson issued
the following
ORDER FOR INJUNCTION
In the Superior Court Of the County OF Sacra-
mento State Of Csliforna--Tae People Of the State
Of California, p'antff, vs. The Cold Run Ditch and
Mining Compa v defendants 1T appearing from
the duly filed and verified complaint herein that the
plaintiff is entitled TO the relief demanded and that
part Of such relief consists III restraining during
the pendfncy OF this suit the commission
OF certain wrongs in the complaint de-
scribad, it is therefore ordered That
the above-named defendant and ali the officers,
superintendent, foTemep, agents ana errployes
thereof, be enjoiHe1 AID restTiued from di5charg
ing or dumping into the \ rth Fork Of the Ameri-
river, or into ally stream OF canyon Z oRSarY
thereto and especially Canyon creek, any tsiliucs,
boulders cobhle.6toues gravel sand debris frs,a
its nice and ase from cai7sin or srGegng to fow
into said river any taiings, hoa rs, COT a.sstehgs,
gravel sand, clay, debris or Tcidee natter from
said tracts Of mineral land, nli9es or elsewhere.
S. @, BENSON,
Superior Judge.
July %, 1881.
In obedience to this order the Clerk Issued
writ of Injunction, directed to the defend
ant, as follows, and which was sent by last
nights train to the Saeriff Of Placer county
foE service;
WRIT OF IHJUECTIoE.
In the Superior Court OF the county OF sacra-
mento, State Of Ca'iinFla-The people Of tRe state
of California, plaintif. the Gold Ran Ditch
and Mining Company, de!endafts-'fhe pe8pio Of
the State Of California TO the aboye-named defend
ans send greeting: In the aboveentited cause the
Judge OF the aboye-entitled Court having made an
order that writ Of Injunction should issue enc'n-
ing and restraining the defendant in said cause from
certain acts in said order fet FORTH We in consider
alton ther Of and in obedience to said order COIN
Iaaud you, the defendantin said caise. and all and
each Of yeur otcers, agents, Superintendent, nlsn
ayers, servants and employees, until the further
order o this Court, TO desist and refrain from dis
charging dumping into the North Fork Of the
American river, or any stream or canyon tributary
thereto and especially Canyon creek, and also from
causing suffering to flow into said river any tail
iugs, boulders, cobble-stones gravel, sand clay,
DEBRIS o. refuse matter from its taid tracts OF mn
ersl aIid, mine or elsewhere.
IN testimony whereof | haze hereunto set my
hand nd affixed the seal OF said Court this 29th day
OF July, A. D. 1851
THos. Il. BERKEY, Clerk
BY J u pARNELI. peputy Clerk