Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-03-05

ing this she was recreant to her trust and violated
her faith with the General Government in not
spending the proceeds of the sale Of these lands for
the improvement Of the great navigabe main drains
OF the valley, which the Government wanted i'm
| proved ior the benefit Of commerce. And by the
manner OF aisposing OF these lands and her failure
to establish proper system for their redemption in
| the way OF proper river improvements she per-
petrated an outrage upon iunocent purchasers,
who were not supposed to know the great culty OF
effecting reclamation without systematic river i'm
provement, and thus they have been led to impov-
erish themselves in efforts to accomplish what un
der the circumstances, was an impossibility. And,
as if this was not enough stupidity and bad faith
for sovereign State to be guilty Of our great Cali
| forna takes eight hundred and twenty seven thou
sand and odd dollars derived from the sale of
the 00,000-acre ternal.improvement grant, and
applies II TO school purposes. Takes money, Mr.
| Speaker, given for internal mprovements-the
very works we are now striving TO carry forward
and spends it for other purposes
The argument used, Mr.. Speaker, that at the
time, III $780, we needed an industrious and virtuous
population, and the way to get it to establish
| good school system. And it was said that when
California needed internal improvements she would
have the population that could afford to pay for
| them. Now, SIR, every taxpayer in the State has
| had the burdens of taxation for SCHOOL purposes
| lightened upon him to the extent of SS27 eco by
reason OF the Cove nment internal improvement
grant, and it is about time that we were willing to
submit to a small levy to reimburse the fund which
| has been robbed The state is now indebted to the
| school fund 81, 1877 600.
| Furthermore, those who contend that the Drain.
age Act should be repealed also say that hydraulic
mining should be stopped. Now, MIR Speaker, it.
as these gentlemen maintain, the State has now the
power to stop this industry she has had it for years
! in the past, and, having allowed it to 90 on for
these years, the detriment of her great low land
interests and the Interests of her river commerce.
say she is in duty bound through the operations of
the Act to promote drainage, to do whatever can be
done to set aside the effects she has permitted TO
assume such formidable dimensions. Why, sir she
was admitted into the Union on condition that she
should suffer no act to be done that would destroy
| or interfere with the nayigabty OF the navigable
| rivers within her border. And what does she do |?
Allow miners 10 make their own little district reu
ations for the working of their Mines and allow
| system to grow up whereby these miners have ac-
quired easements recognized by the Courts, and diff
icult, to say the least sir difficult TO overturn
And still again, Mr.. Speaker (oh hide your heads
| in shame you who contend that the State should
repeal this Drainage Actl this State since July 26
1866, has by Act OF Congress had the right to
abish such regulations for the sale of placer mines
would effectually put end to this matter SO fer
as the working OF claims patented since that date
is concerned Section 1888 of the Revised Statutes
OF the United States taken from Act of Congress
| passed July 26, 1866, says
AS a condition of sale, in the absence of neces-
sary legislation by Congress, the local Legislature
of any State Territory may provide rules for work
ing mines, involving easements drainage and other
/,
and those conditions shall be fully expressed the
| patent"
Why has this State not passed laws regulating
this industry years ago before these patents were
| issuedI The majority of the placer claims have
! been patented since then. And yet she has stood
| by with this power in her hands and seen these
rights grow up unregulated and now tries to dodge
the responsibility OF her eulpable negligence.
Take notice, Mr. Speaker, that am arguing now
from the standpoint OF the gentlemen who cry oct,
8 stop hydraulic mining; the State has the power
to do it.. We will not discuss that point now
seek to impress upon you the obligation which the
State has permitted TO be heaped upon her, which
she has really piled upon herself.
Let us briefly resume and see what it is. An OBJ
legation to the General Government to improve the
great drains of the state, because she was granted
hundreds Of thousands of acres OF swamp lands for
that purpose. An obligation TO the holders of those
swamp lands to improve the great DIR image ways,
because she has sold them the lands with the view
| to reclamation has led them into the expenditure
of millions Of money to purpose because she has
not fulfilled her part of improving the
rivers An obligation to the General Govern
ment to use for purposes of internal i'm
proyemehts (namely the improvement Of the
! riyers) at least 1927 600, which has been
wrongfully diverted from that object to the con.
struction OF sch0ol.houses and payment of school
teachers An obligation to the residents OF the low
| lands OF this great valley, where public improve
| ments are so much needed, TO repay that SS27 900
and the use OF IN rescung them from slow destruc
ton. An obligation to the General Government to
river former Condition, because OF
the neglect I the State to protect its waters from
pollution. An obiga ton to the people whose prop
erty is now threatened, to protect them by proper
engineering works, because Of the neglect OF the
state in their protection in the past. An obligation
TO the miner to be enient with him and protect
him in the of his property, because of the fail
ure OF the State to establish her rules before he be-
came possessed Of his property by patent-before
he had invested his capital in its working.
| Now, sir, when appear before Congress with
| the request that the General Government VIII take
this burden off our hands, what reply will receive
! / predict, Mr.. Speaker, that we will be snubbed
The Government viii say =" You did not administer
your trust properly with respect to Your swamp
| lands, otherwise you would have had ample funds
for river Improvements We gave you 500 900 acres
Of lard for this class of work you sold it for SSZ7
geo and used the proceeds for other purposes We
| constituted you guardian of the navigable waters
within your borders and gave you police authority
to prot ct all such public interests, but you failed tC
do 1t. We specially notified you to make condition:
for the working Of Mines to be inserted in oui
patents issued to individuals but you made sucf
conditions, and We have issued these patents with
out restriction And now, oh State of California
we have helped you good deal already. You are
not in position to ask of such favors-par
ticularly special favorsfor it is not policy Il
improve rivers, as yours must be improved nor
have ever been called upon to eXpend money for
holding back sands aud gravel put into the streams
OF State by its citizens. And, still again, your po
stion in California is most strangely inconsistent
Your Legislature has declared by the repeal OF the
community of interest between the several parts oil
your State in this matter, and yet you want us to
call upon your sister States to help you. Your
statesmen have declared that these great engineer
ing problems cannot be solved, and vet you want us
| to spend the money of your sister States them
Fie upon you, California Your presuu pton is only
equaled by the diversity of your climate, which
leads you to try to break down your con.
sti,ution and my constitution, and deprive
| individuals OF vested rights, by seeking to
overthrow the riparian rights principle for the
southern part OF your rrtory and only eXceled
by your Inconsistency in trying to make the same
principle apply with double force in your northern
counties. Go home and show that something can
be done in this matter; bring us some tangible re
suits and then We will perhaps favoraby consider
your applicat on for assistance. The Lord helps
those who help themselves.
These, then, Mr. Speaker, the obligations
which in my judgment the State is under in this
matter, and the relations which the General Gov.
eminent bears to the State. The whole response
bility is on the State the obligations all on hel
shoulders; and If we ever get anything more thar
mere dribets OF money from the National Govern
ment to eXpend on these rivers, it will be act
ceptional on the part of that Government, and one
which will surprise me-
Now, if hydraulic mining were stopped and We
were thus trying to remedy the evils that had &C
crued from 1t, 1t would seem, from what has beer
said that the State should bear the burden of cost
Certainly we could not tax the hydraulic MINERS fol
they would no longer be in existence such
Hence all that the miners (if they are allowed to
on can in justice be called uuon to pay toward:
these works in addition to their proportion of the
State tax is to the extent ia sufficient sum to hold
back the detritus which will from time to time be
put into the streams by them and this it is claimed
they will pay under this Drainage Act if it is allowed
to remain in operation
Let us examine this proposition:
MEMORANDA OF TAXABLE PROPERTY, NuMBET
OF INCHES OF WATER WATER TAX. AM
STATE DISTRICT AND WATER TAX OF MINING
| COUNTIES