Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1882-03-01

ti0nal, ana OF DenenS 10 the SOIL. After that
there was damsge to the lands. the soil torn
up, the banks of streams destroyed, ETC.
[readingl The deposit was losmy there and
of value and it is shown that the food of
1862 brought down but little mining detritus
Witness Wells swore that the food of 1862
deposited dark sediment on his land that
he was able to cultivate at once. Witness
Greenlaw testified in like manner. Taking
1865, when the mills of these hydraulic gods
began to grind full grists. what is the pros
psct and outlook, Some seventy or eighty
miles from here, on the top cf the divide,
covered by rich soil and pine treee, where
mining had gone on for fifteen years in the
old way. it was found that S55 acres of land
had gold in it-as Whitney says, about five
cents worth to the cubic yard. Hartman
says gold mining was on small scale from
1854 to 1865. Brown says the same. What
was done with that 800 acres ? According to
defendants witnesses, off of the surface they
mined 10000, coo cubic yards of earth, and
hurled it into the American river. They did
it in good faith. intending no damage. But
for the consequences they are responsible.
IT WAS 4 NUISANCE,
Ii a nuisance to any considerable number of
men, and no lapse Of time will allow them to
escape them. In equity they must be re-
strained from further like acts, and Court
of equity will compel the wrongdoer to make
things right. Judge Sawyer in the Will
lamstts Bridge case cited.l He must undo
the nuisance. Bat they say, we are honest
mioeIs, and know nothing else, and will
starve il you don't let us go on. That is no
excuse. By that plea they strike at prin-
ciiple, without which there can be no so.
ciety, no commerce; that you must
so use your own as to do no harm to
your neighbpr." But they say they have
| a right by Spanish mining laws. What are
they? l have looked up the Spanish laws to
see if that great principle was infringed
| by any such enactments. Article 40, Ordi-
nauces of Spain snd Mexico, 1854 Tread.
ing iD, provides that one miner must not
throw his excavated dirt into the mine of
Also. that the washing places for the mines
must, il prejudicial to any pueblo or cattle,
! then the water must be carried to distance
J and not allowed to draiu again to the river,
and the wash must be impounded, etc.
| (reading). The Commentaries of Gam
boie on the Mining Ordinances of
Spain and Mexico, Chapter 10. speaking
of ordinance 40 say that where mines might
| food other mines, the mine damaging an
other, after inspection, shall pay therefor etc.
(readirs) Bainbridse treating OF The obli-
cations OF miners in English law. speaks of
them as adventurers, because, perhaps min
| ing has been fatal TO all nations, and tie lat
est instance ia that CT Peru He says mining
adventurers are to be held liable for all inju-
ries they ipfict in their work. He says that
injuries sometimes happen by reason of de-
bris and rubbish so placed from the mines SIS
TO be washed down into the rivers, and if
such cases are proved the laud. owners dam
aged shall have recompense of the adventurer
doing the injury. Page 402. Section 4.
REFERRING AGAIN
To the report of Lieutenant Psyson, Mr..
Cadw alader read (oage 19t an account of the
condition Of the Yuba and Bear and Co.
sumnes, recising the damage on the Bear,
showing that the diminution of the water way
has been 20 per cent by reason of the mining
deposits. As to the Costumes, which has but
one hydraulic mine npon it, it has been
choked and greatly damaged. This cor
responds with the statements of witness Nc.
Council, who said that the channel of the
river is obliterated, has but one hydraulic
mine on it, and that two miles from iSs bed.
| TWENTY MILES OF THE VALLEY
Is damaged in that case by one small hy
draulic mine, the finer datritus of which only
reaches the river. The main principle is,
that if you put debris into stream ct any
| considerable grade, it must go to the delta,
and Hamilton Smith had to admit it but he
said it was going to come down, and must
come down. He said that though all his in
terests are with the defendants, no engineer
of any standing will deny or ever have de.
MED it. Only scrubs will come into Court
of justice and deny the laws of gravity. But
if the principle is not to prevail that you
must enjoy your property SO IS not. to pre-
vent me enjoying mine, still the defend.
ants have had their day, and now must come
tia day of bene6csnce. Into Giane's canyon
t1ey have put 20, 900 600 cubic yards, it hay.
ing water enough to cut through depths
tf solid slate. What is to become of it +? Pro.
fessor Davidson says swirls and eddies lift the
material, and having the power TO lift it must
be moved. So this is matter in motion. It
cannot get out of the river path it remains a
prism of sand, and moves on down the river.
There is nothing TO lift it out il is a glacier
| of earth, to use figure Of speech. What is
the effect Of moving this prism of sand ?
Why to put it on the place the least able to
hold 1.-THE valley food plane. Take the
instance of Sherman Island and its IS 600
acres of rich land destroyed, the case of Rcu.
tiers farm near Brighton. of Senator John
ston's farm, fourteen miles below Sacramento,
where the situation grew worse and worse
after 1865, and cultivation more and more
difficult because of sipage water. The river
is valley drain placed there by nature, and
if the river flows as intended surface water
must disappear bat when it is lifted up
sipage water will appear Testimony OF several
witnesses citedl. L. L. Robinson says the
| mines have
GOT ALL THE WATER
In the Sierras that there is no more to get
Smith tells how much it cost to get it. This
water they propose to corrupt. You may
I tide up and down the valley leo niles on
the slopes of the hills, and you can't get from
a river decant cup of water. That the COM
munity has stood such thing so long is the
| aarfn WI L. 1f AL
record. All up and down this one hundred
miles, small streams like the Yuba require q
half aud a quarter OF mile passage in
| the crossing, because the stream is
so debauched. In doing this hamoge
I the miners are destroying the States
interests they have destroyed the navigation
of the largest river of the people of the State.
But they say we are bound by the statute of
| limitation. But no time lapsing can legalize
a nuisance. Ali the authorities agree on this.
l4th Croke's Reps JAS cited. The prescrip-
tion to make a nuisance is not good. We
challenge contradiction of the statement that
there is any case holding the statute of limi-
tations runs against public nuisance. Cooley
cited.) The authorities are clear and uniform
on that question. Wood on nuisances (page
~ holds that business, though conauosed
for long term of years, becomes nuisance
to new businesses that come in, and to roads
| anu rSsiuence5 Oulit tnere, IL DecoHleS puD-
lie nuisance and must be abated The law of
the State has always provided the severest
remedies for public nuisances. Our statute
provides three remedies for them-iudict-
ment, civil action and abatement. Section
3479 of the Civil Code defines nuisance
| thus:
Anything which is injurious to health, or is inde-
cent offensive to the senses, or an obstruction TO
the free of property, as to interfere with the
comfortable enjoyment OF life or property, or un-
| lawfully obstructs the free passage or use in the
customary manner of any navigabe lake, or river,
! bay stream, canal basin, or any public park,
| square, street or highway, is nuisance
| The Supreme Court of the United States
| ordered the Wheeling bridge to be raised or
| removed because certain steamers could not
at high water pass under, and they refused to
consider any benefits flowing from the exist.
ence of the bridge. If in any apprecisble de-
gree it intsrfered with the enjoyment of the
navigation of the stream it must be remedied
and is nuisance.
FROM THE YEAR
1850 everyone in California has by law been en-
joined to enjoy his property so as not to injure
IL, oa,nbhor That tho c,1prop,a of Z tbo