Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1882-03-04

| WIN lney say Inat because man mss can
Ger that must kill him, il is therefore a justi.
hcation for any one, By violence or GRIN inal
neglect or act, to hasten his death? No. If
the system of levses is bad, don't do anything
to make it worse. If the sewerage system is
poor, do not add to its ills nor prevent its cor
rection. But plaintiff does not say that
| NO MINING SHALL BE CARRIED ON.
As defendant says, the question Of reason
| ableness is to be considered. Look at the
East where waters are used, and are returned
comparatively pure. But if l cut gully,
and through it pour steady stream of used
water, and polluted and injured down upon
my neighbor, he may well complain. We ex-
pecs then to injure the water some by its
| 1hey do complain, however, of the hundreds
OF armed and equipped hydraulic streams
tearing down the hills, and while we say,
let mining go on, We also say our navigable
stream, our commerce, our lands our cities.
our homes, our health. must be protected.
Defendant proved food in 1S45 far larger
than that of 1862 or of any ether, and still
there are proofs of natural erosion
They proved tradition of a still larger
| flood in 1880, go great that the American
at the mouth of Canyon creek must
have been twice as large at the mouth in or
dinary hoods-if that be true-but doubt
it; still the flood didn't fill the rivers, and the
evidences of natural erosion were inconsider.
able, and the floods of 1880 and 1S45 left to
us the deep pure streams with high banks We
found here in 1889. Though on the upper
Sacramento the lands have for years bsen oc-
| cupied aud fully pastured with sheep and
| cattle, notwithstanding the destruction of
| timber by fire, the denuding Of the hills, the
condition of the upper Sacramento is materi.
| ally as it was when the Americans first came
here. Compare these deep, clear upper
streams, on which have been heavy milling
operations, tilling of the soil, building, cut.
ting of timber, years and years of pasturing
compare these to the lower Sacramento and
the American, filed to the brim. mudded
aud loaded, and nots the condition of the
country through which they flow.
IF THIS BE A NUISANCE
1 have described, and the defendant has
materially contributed 10 it, it i. responsible.
| and if it is continuing nuisance he should
by this Court be continuously epjoined from
his acts. If this 900. 600 cubic yards of
hard material proven displaced by defendant,
does go into the river, does run down, or
compel the descent of other material then
the defendant does materially contribute to
the injury complained of. Price, Uren and
Hobson, for defendants, testified with others,
that the amount of material taken from the
Gold Run mine. that comes down to the
io"er itHer, Is so snau as TO De scarcely
appreciable. One says per cent, and Price
puts it infnitesimal. ] hold that all this
material comes down. If not one hour, then
the next; if not one year, then the next If
so, than it contributes materially to the re.
suit complained of. The Court has heard
the testimony, ald knows what has been
proven on that branch CT the case The wit.
nesses named predict that the materials
mentioned will not reach the Sacramento.
They don't gay they won't displace other ma.
terial that comes down. If ouch displace.
ment does take place defendant is equally
IS responsible.
IN 1850 AND 1851
The American was free practically from de-
bris. Thereafter it is established that mill !
ions Of yards of solid matter were cast into
the stream-3ay above Pi,keripg's Bar. They
say the top soil was light at their mine. But
it can't be construed that they said or meant
that particle of sand found at Pickerine's
Bar is of any less dimensions or weight than
a similar particle of sand found in defendants
mine nor did they say bit of rock found
at Farmers diggings was or is any less Ia
weight or dimensions than like bit found in
defendants mine. But vast quantities of
matter went into the river from the banks of
the stream, the result OF the operations of the
early miners. Down to Riee's bridge the
river falls twenty to thirty feet to the mile
TIE organic matter was thrown in above the
lighter sand, and they all passed down and
the cobbles remained. Then came the food
of 1862, and the testimony is that the river
was virtually cleared Of oil material If the
food of 1862 cleared the river then, would
not similar food in 1873 or 1881 have SINH
lar results? If the foed in one case will re-
move the material put into the stream by
natural causes, will not another like food re-
move that cast in by the hand of man? Pro-
fessor Price says it won't move as it cements
in the stream. That is
NEW PROPOSITION
After all the statements of defendant about
the value OF slicl1ens deposits to lands, and
how, when it is cultivated, it will grow any
thing. My friend, at that proof, suggested
/ get up corner on slickens; let me suggest
to him to get up corner on cement. En-
gineers from Adam down have tried to build
up dams to hold back waters built of solid
masonry of vast proportions; built of solid
and huge slabs of granite, laid in cement, dove
tailed together, and sunk in grooves Of the
bedrock, as was done in Massachusetts they
have been built of earth in vast banks, and
erected to the full extent of the skill
Of the engineers Of centuries and
yet the rains have come and they
described one terribly destructive flood act
ing on such dams) But now we have found
forsooth, at last, dan made of gravel bowl
ders and eobble, and a few broken rocks and
mingled in sand, and all laid in a stream of
fearful power; thrown in loosely cast pro.
miscuously together and find at last the
Gold Run mine has enough of cement in it
to go into this mass of debris and solidify it
TO tie depth of hundreds Of feet; indeed
my friend should get up corner on
that cement. Yes, it builds a dam
that these men predict will resist pera,a-
nently the awful torrent of the river. To
say the least, that is a remarkable predic- |
tion, and it is founded on no fact, Now, in
the banks of the river we had the clay, the
protoxide of iron, the sand and gravel the
cobble, and all the clements that are found
In the defendants mine, and yet it did not
cement or, in 1862, resist thu flood. All ex-
ample teaches US, chemistry teaches us, that |
all thsse materials acted on by water that is
acrated tends to the dissolution and disinte-
grafton of such material. The early wash. |
ings, having all these materials did not ce-
ment as Professor Price predicts for the |
defendants washings Counsel referred to |
the proven condition OF the matter in the de- |
PENDANTS mine now, to show that the material |
was not cement, az was claimed, under the &C.
tion of water, nor did that which was thrown
from the mine into the river prior to the
flood of 1868, 1noi that cleared the river |
and swept away all this material, the like of |
which, they now say, was cenented and is |
immovable. The well defined lioe of
wATER-woRN ROCKS
Along the river bear interesting testimony,
and it is proven that this line keeps its rela. |
tive position all along above the usual bed of !
the river. Ii the fills had taken place as
claimed this line could not exist without lire |
of water-worn rock above this line spoken Of. |
1t cannot be that with the material cast into |
the stream, the bed of the river remained be. |
tween Pickering's Bar and Rice's bridge just |
the same, and the theory of Professor Price |
be true as to the cementins process No; it |
has not remained there, but has washed out |
with each flood. But the ancient river beds |
point to a continuous channel from Iowa Hill |
to Gold Run, and on to Dutch Flat and then |
on either side. The American river has
cut its way down through 800 feet |
OF this old channel for three miles,
Why did not the material cement and stop |
in the river? Did it become immovable by |
the action of water. though it contained all |
the elements referred to by the cement wit
nessss. But the cement, as hard as any in
the lower portion Of the mine, has been
brought into Court-and the Court can see
for ifr alf-apd hos haao tx;al ID 49,.