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

has been washed and carried by the water into and
down the Sacramento river and deposited in the
bed and channels OF the last-named river through
out its entire length below its Junction with said
american river. That the grace OF raid American
river, from opposite to the town of Alta to Alder
creek, in Sacramento county (where i5 debouehes
into the valley is about thirty feet to the nile,
after which and until it reaches the Sacramento
river its grade is reduced taTee feet the mile
That the tailings from smother part of the hy-
draulie miles worked in Placer county are dis
charged into the Middle Folk of the American
river. That the tailings OF part OF the hydraulic
mines in Ell Dorado county empty into the South
| Fork OF the American river and its tributary
| streams. That said Middle Fork Joins the North
| Fork about twenty miles below sta nj the South
Fork still lower down, the town OF Salmon ats
/ EThat the deposit OF tailings from the hydraulic
mines aforesaid has filed up and raised the teds
and channels OF the Sacramento river to great ex-
! tent below the mouth OF the American river and
\ has filed up and raised 10 q much greater extent
tie main American river, between Elder creek and
its mouth, and had greatly "ideaed the beds Of said
rivers and Swallowed the channels thereof and
| formed sand bars in the Sacramento river and
otherwise materially impaired and obstrueted the
navigation Of the Sacramento Iiyer aud had caused
| the Sacramento river, below the mouth Of the
American, and the American, for the first twelve
miles east OF the Sacramento, TO overflow their
banks and submerge large portions OF the adjacent
lands, the property OF citizens Of this State, during
seasons OF nigh water, and thereby bad interfered
with and obstructed the free and comfortable use
and enjoyment Of said lands by the owneys aud
occupants thereof to much 2eeafer extent thsn at
| any time before said rivers were - tillel mp rs
aforesaid by said Things, and = : much greater
extent than said lands would have been oyerflowed
or the use and enjoyment thereof would have been
interfered with Distracted, had not said tail
ings been so deposited aforesaid in the beds and
channels CT said rivers
That the defendant herein, The Gold Run Ditch
ana Mining Company, is corporation, organized
under and by virtue OF the laws OF California Tor
the purpose of mining IN Placer county, California
That prior to the month OF June, 1884, the de
fendant acquired possession Of and claims to own
TWO large tracts OF mineral land, ia over 400
acres, bordering on Canyon creek, and situate ad-
Jacent u the North FORK OF the american river, on
the north side thereof, about ore mile westerly and
southwesteriy from the town OF Gold Run in Placer
county. The suisce Of each ofsad tracts Of land is
about 1000 feet above the low water level OF the
said North Fork Of the American river a d tie
smaller OF the two said tracts OF mineral land or
mining claims Is susceptible Of beiug worked ana
mined to depth Of fifty feet below the surface, and
the larger TO extent of least 100 feet ana both 10
such respective depths arc composed Of various
strata of red earth, pipe clay, sand, gravel, small
stones, and few cobbes, the greater part OF which,
except the pipe clay conta uing small PARTICLES Of
gold. That by means Of bitches and iron pipes, de
fendant has couduc ed TO its afCre aid trsets Of
mineral ground Or mines, supply OF 1890 inches
OF water which IL is using and viii continue TO use,
under vertical pressure Of 3Oc fee, u mine its
siid tracts OF land by said hydraulic process dis
chs rging water through monitors, from nczzes FIVE
inches IN diameter, ard dumping ai the tallinCs
from SUCH Uuta iflt0 lte NCfEI PORK the Afnefl
can nveT, through short ald steep tributary
stream thereof, called Cauvon creek aioro aid
That the defendant has been II hing is sid tracts
OF mineral land for several years Immediately last
past by the mode and process aforesaid, and is now
continuously, cay after dsy disc.lrging aud dump
ing into the North Fork u ihC American river al.
the mouth OF said Canyon creek, i3 $50 cubic yards
Of solld material from its said two mii es said solid
material being composed Of oo1ble stones, gravel,
sand and clay. 1hst its yearly discharge Of said
talings from its said two mines into the bed ard
channel OF the North Fork Of the American river at
the place aforesaid has been at least two and one
hall millions of cubic yards annually, and viii con
tjnue to be that quantity annually, and such rate
1t viii require over ten years TO mine out and ex-
haust said tracts Of mineral laud. And plaintiff
further shows that the defcndau by its AGENTS has
declared its intention ana really 1tends 70 cjutiaue
to mine said tracts Of mineral laud in the man er
and at the rate Aforesaid, and 10 discharge aud
dump the taliinsa from such mining ground into
the North hOrk - the American river aforesaid,
until both said tracts OF land shall be ninea
out and exhausted, aud will so continue to mine
and TO discharge aud dump said taillngs into
the North Fork Of the American river unless en-
joined snd restrained by order Of this honorable
Court. That the tailings discharged and d,Ii ped
into the North Fork OF tie American river BY the
defendant as af9iesaid, have been washed aud
moved down said rivers by the natural force of the
waters and eommiugled with taiings from other
hydraulic mines, and with them haze been de
posted and lodged in the bees .ld channels 81 said
Sacramento and American rivera and uuon the
.
fendant commenced 10 mine it, said tracts OF land
Aforesaid, the beds and channels OF Sacramento
river below the mouth OF the American, and the
American below the mouth Of Alder creek, IN Sac
ramento county, haze been filed up, Iaised
widened and Swallowed by the deposits therein Of
tailings' frcul the defendant's mines ard other
hydraulic mines aforesaid, TO much greater
tent than at any time before and hy thereof
the Sacramento riyer, below is 1uction with the
American, mas been impaired gnd obstrucied, and
the banks thereof and the lanes adjacent thereto,
I s.-nHNa Nfs. e .
first twelve miles east OF the Sacramento river, and
the lands adjacent thereto have been over
flowed and injured TO a muca greater
tent than al any time before The commence
msnt Of such mining by the defendant, and
that by said mining and discharge Of tailiDgs into
the North Fork of the American river by the de-
fendaut aforesaid said defendant has lsrgey and
materially added aud contributed 10 the said filing
up raising widening and shaoeing Of the beds ard
channels of the Sacramento river ana that Of the
American from Alder ere 10 its mouth, and 20
the impairment and obstruction ol the nayigat
OF the Sacramento river, and ais0 to the SAID Nces
! siye overflow oi the banks aud lands adjacent 10
said rivers TO the creat injury Of said lands and to
the damage, discomfort and intolerable annoyance
Of the owners Of SAID lands and the residents
! thereon.
Plaintiff further shows that Toe power and force
of the water u seour cut AMI carry of the filings
from the hy draulie mines deposited il the beds aud
channels Of ssid aforf sd, proportional
to the depth oi the water fowiag IN said beds and
channels and between the banks OF sid rivers. The
! greater the depth of the water so flowing the
greater is its force and power to scour out ana c5r
of said deposits, whilst such force and power de-
crease in proportion to the diminution OF the depth
of the water flowing in ssid river beds and chan
nes and TO the extent that sad water is surcharged
| with earthly matter.
| Th5t said he'd Of the Sacramento river and said
bed OF the American for the first twelve miles east
! Of the Sacramento have already become so much
filed mp aad wideued by the saillngs from the by
eTaulie mines, including those OF the defendant, that
| the depth of the water therein has been thereby
greatly diminished especially during The high stages
Of The water, when tue 8ster oFeIfovs tie banks
of said rivers and spreads over large tracts q land
Ell each side OF said rivers, instead OF being
confined within the natural banks, IS it would
have been but for said deposits therein from
the hydraulic mines. That by reason OF the dim.
mutton OF the depth Of the Wgttr in the beds and
channels OF said rivers they gl hereafter lie flied
up, and the navigation thereof DISTRACTED much
Inose rapidly in proper ion 10 the quantity of hy-
draulic taings deposited therein than formerly,
when their waters had greater depth and greater
purity, and consequently more power to scour cut
aud carry of such deposits. hat continuance OF
the deposits OF tsilipgs from the hydraulic mines,
including those Of defendant, during the next two
years at one halt the rae they have been deposited
during the last two years. will further oostruct and
impair il it does not destroy the navgabiity OF the
Sacramento river and will sabnerge and render
unit for cultivation or Aebitatlon all the bottom
and other low lands adjacent to said rivers on both
sides thereof, by the overflow thereof and the de
post thereon OF sand and gravel from said hydraulic
/
productive and valueless. That more than ten
thousand acres of such lands of frs-rate quality,
and of great value, have already been so oyerhowed
and covered by deposit OF sand and taiIings from
said hydraulic mines TO which the tailings from the
MINES OF the defendant have largely and materially
contributed to depth OF from one foot
TO ten feet and have thereby been rem
dered totally unfit for cultivation any other
useful purpose, and OF no value whatever. That
there In the American and Sacramento valleys,
within reach Of the overfiowing waters of the
American river, one hundred thousand acres OF
valuable agricultural Landslide property of citizens
of this State-highy improved and cultivated,
which remain unniured, or injured only in a small
degree BY the overflow thereof and deposit thereon
OF tailings from said hydraulic mines, but which
will be subject to such overflow and deposit there.
on, and which will be oYerflowed by water and COW
cred by deposit of taiings from said hydraulic
mines, including that OF the defendant, and thereby
greatly deerorated in value and usefulness to the
owners thereof il not rendered totally useless and
OF value whatever. within very short period Of
time, II hydraulic mining be continued by the de.
fendant and Others, present conducted; and
plaintiff Is informed and believes, and upon such in
formation and belief alleges, that unless restrained
and enioined nv TIL hydr3rilic