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

her faith with the General Government in not
spending the proceeds of the sale Of these lands for
the improvement of the great navgable main drains
OF the valley, which the Government wanted i'm
proved for the benefit of commerce. And by the
manner OF asposing 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 fcuty OF
effecting reclamation without systematic river i'm
provement, and thus they have been led to impov-
erish themselves in efforts to accomplish what, I'M
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 some odd dollars derived from the sale of
the SOC, 00o-acre internal-improvement grant, and
applies 1t to school purposes. Takes money, Mr..
Speaker, given for internal improvements
very works we are now striving to carry forward
and spends it for other purposes
The argument used, Mr. Speaker was that at the
time, in $50, we needed industrious and virtuous
population, and the way to get it was to establish
good school system. Aud 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 1t IS about time that we were willing to
has been robbed The State is now indebted to the
school fund 81, 1877 900
Furthermore, those who contend that the Drain.
age Act should be repealed also say that hydraulic
mining should be stopped Now, Mr. Speaker, if,
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 20 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
admitted into the Union on condition that she
should suffer no act to be done that would destroy
or interfere with the navigablity OF the navigabe
rivers within her border. And what does she do
Allow miners to make their little district regu-
lations for the working of their mines, and allow
system to grow up whereby these miners have
quired easements recognized by the Courts and diff
fcult, to say the least sir difficult TO overturn.
And still again, MIR. Speaker (oh hide your heads
in shame you who contend that the State should
repeal this Drainage Act, this State since July g.
1866, has by Act OF Congress had the right to es-
tabsh such regulations for the sale of placer mines
would effectualy put end to this matter fer
as the working OF claims patented since that date
is concerned. Section 233S of the Revised Statutes
OF the United States taken from an Act of Congress
passed July 20, 1866, says:
q AS condition of sale, in the absence of neces-
sary legislation by Congress, the local Legislature
of any State or Territory may provide for work
ing mines, involving easements, drainage and other
necessary means to complete their development;
and those conditions shall be fully expressed In the
patent"
Why has this State not passed laws regulating
this industry years ago before these patents were
issued? 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 culpable negligence.
Take notice, Mr.. Speaker, that am arguing now
from the standpoint OF the gentlemen who cry out
OTTO hYfF NIfaVf
to do it." We will not discuss that point now |
seek to impress upon you the obgati1 which the
State has permitted TO be heapea 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 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 no 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
rivers at least SS27, coo, which has been
wrongfuly diverted from that object to the con
struction OF school-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
ana the use OF 1t IN rescuing them from SLOW destruc
restore this river to its former condition. because of
the neglect the State to protect its waters from
pollution. An oblig 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 lenient with him and protect
him in the use 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 We appear before Congress with
the request that the General Government will take
this burden of our hands, what reply will receive
l predict, MIR. Speaker. that will be snubbed.
The Government will say You did not administer
your trust properly with respect to YOUR swamp
lands, otherwise you would have had amp,e funds
for river improvements. We gave you 100000 acres
Of lard for this class OF work you sold it for SSZ7
0o0 and used the proceeds for other purposes We
constituted you guardian of the navigabe waters
within your borders and gave you police authority
TO protect all such public interests but you failed to
do it. We specially notified you to make conditions
for the working Of mines, to be inserted in our
patents issued 10 individuals but you made no such
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 more of such fayors-par
tcularly special favors-for it is not our policy to
improve rivers, as yours must be improved: nor
have We ever been called upon to eXpend money for
holding back sands aud gravel put into the streams
OF q State by its citizens. And, still again. your po
sition in California is most strangely inconsistent
Your Legislature has declared, by the repeal OF the
Drainage Act (if it is repealed), that there is
community of interest between the several parts of
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 on them.
Fie upon you California Yonr presuu ption is only
equaled by the diversity of your climate, which
leads you to try to break down your CON
stitution and my constitution, and deprive
individuals OF vested rights, by seeking to
overthrow the riparian rights principle for the
southern part OF your territory and is only eXcplled
by your inconsistency i'll trying to make the same
principle apply with double force in your northern
counties. Go home and show that something m
be done in this matter bring us some tangible re-
suits and then we Will perhaps favorably consider
your appcat on for assistance. The Lord helps
those who help themselves +"
These, then, Mr. Speaker, are the obligations
which in my judgment the State is under in this
matter, and the relations which the General Gov
ernment bears to the State. The whole response
bility is the State, the obligations are all on her
shoulders; and ii we ever get anything more than
mere driblets OF money from the National Govern
ment to expend on these rivers it will be act eX
cephoual on the part OF that Government, and one
which will surprise me.
Now, if hydraulic mining stopped and we
were thus trying to remedy the evils that had ac
crued from it, it would seem, from what has been
said that the State should bear the burden of cost
Certainly could not tax the hydraulic miners, for
they would no longer be in existence as such.
Hence all that the miners Gf they allowed to go
on) can in justice be called upon to pay towards
these works in addition to their proportion Of the
State tax is to the extent sufficient 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 Ienain in operation.
Let us examine this proposition
MEMORANDA OF TAXABLE PROPERTY, NUMBER
OF INCHES OF WATER, WATER TAN, AND
STATE DISTRICT AND WATER TAN OF MINING
COUNTIES