Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1882-06-13
DECIDED.
The Great Debris
Case Reaches a
Judgment.
THE FULL OPINION.
Judge Temple Makes the
Injunction in The
Gold Run Case
Perpetual.
FINDINGS OF FACT.
The Conclusions of Law Found
by the Court are Against
the Hydraulic Miners.

The Conclusions Of Law Found
by the Court are Against
the Hydraulic Miners.
AT 7:45 last evening County Clerk Berkey
received from Judge jackson Temple. of
Santa Rosa, his findings in the case of 1.-THE
People of the State of California vs.. The
Gold Ran Ditch and Mining Company" By
the courtesy of the Clerk access to the papers
was permitted, and the RECORD UNION here
with presents them all in full. They are five
in number.
First-The findings of fact.
Second-The general and amplifed finding.
Third The conclusions Of law.
Fourth-The opinion.
Fifth-The decree.
Each of these will be found Of deep inter
est.
In the first the Court finds what the facts
are, as the result of hearing Of all the testi-
mony on both sides, and on all the issues
la the second the Court ampliies and ex-
plains these findings.
In the third the law is applied under the
facts.
In the fourth the Judge gives, in concise
and clear manner, his opinion, and this: with
the third are the most interesting of all the
documents.
In the fifth the Court makes its decree, per-
petually enjoining the defendant.
| All thoughtful readers, in view of the vast
Importance of the case, should give all the
documents full reading
! 1t will be noticed in the decree that very
important provision is set forth, under which
| defendant may have the restraining order set
aside whenever it shall appear that efficient
means have been adopted to restrain the
heavier debris in the American river above
Alder creek.
The Findings of Fact
In the Superior Court, Sacramento county,
California.-The People of the State of Cali
fornia. plaintiff. vs. The Gold Run Ditch and
Mining Company, defendant.
This cause was tried by the Court, Jury
L., H., f,,ll 4
the evidence. now find the facts as follows:
FIRST.
The Sacramento and American rivers are
! wholly within the State of California the
latter is tributary OF the former, flowing
into it about one mile north of the city Of
| Sacramento.
The Sacramento is nsvigable, and has
been continuously navigated by steam
ers. bsrges, schooners and smaller craft,
and up to 1862 was navigated as far
as the city of Sacramento without diff:
Guilty by steamer of deep draft, to wit, by
boats drawing nine or ten feet of water.
That said river has been declared navigable
by law to the mouth of Middle creek, which
is above the confluence of the American and
the Sacramento. That since 1862 the naviga.
ton of said river has been seriously impaired
by deposits Of mud and sand therein. which
have in part come from hydraulic mines so
that now the city of Sacramento can be
reached by boats of deep draft during the
high stages of the water only, instead of at
all times as formerly.
That hydraulic mining, as that term is
generally understood, consists in washing and
removing from their natural positions into
the water courses and rivers, by means of
water, high banks of earth and gravel con-
tanning gold. and thereby separating the gold
from the earth, sending the residue, consist
ing of powders, cobble-stones, gravel, sand
and clay, into the water courses, the larger
portion of which finds its way into the prin-
cipal continents of the Sacramento river, and
ia deposited along said streams from the place
of discharge or dump to San Pablo and San
Francisco BaYs, the heavier material being
frat deposited.
Hydraulic mining has been practiced for
| twenty years to some extent in the noun.
tains Of the Sacramento basin. 1t attained
great magnitude as an industry before 1875,
and is 8 i'll extensively carried on, principally
in the counties of Butte, Yuba, Sierra Ne
vada and Placer.
The tsilings from some of the hydraulic
mints 6Te u6pOoltcu Al Vic 4tOIbu Il OEk VI buc
American river, and large quantities thereof
have been deposited in the channel of said
North Fork and of the American river,
throughout its entire course, and large por.
ton thereof has been washed and carried
down into the Sacramento river. That the
tailings from other hydraulic mines are
washed and carried into the Middle and South
Forks of said river and in the Yuba, Bear
and Feather rivers. which are tributaries of
the Sacramento.
That the tailings and deposits from said
hydraulic mines, with other matter carried by
the waters Of said rivers, has filed up and
raised the bed and channels Of said Sacra-
mento river to great extent below the
mouth of the American river, to wit, from
six to twelve feet, and has filled up and raised
the American river below Alder creek from
ten to twenty feet, and in places even more.
Such filing has been materially increased by
the tailings from the hydraulic mines
Such fllings have Swallowed the channels
of the Sacramento river, and materially i'm.
paired the navigation thereof, and has ma.
terially increased the liability Of the Sacra-
mento river and CT the American river below
Alder creek to overflow their banks, and has
caused the frequent floods in said rivers to
be more destructive than they otherwise
would have been.
That the debris from mines, including the
mine Of the defendant, has materially con-
tributed to such filling Of the river channel.
and thereby has interfered'with and obstruct-
ed the free and comfortable use and enjoy.
ment of large portions of the land upon the
American and Sacramento rivers.
The American river is, however, obstructed
| by the levees and The levee system on the
Sacramento, which cause the water to be
damned up and made to flow back into the
American river and over the banks thereof
during the stages of high water in the Sacra-
mento, and thereby large tracts of land are
submerged and heavy deposits made thereon,
which would not exist but for such levee sys.
tenn or the defects in the same.
THAT ONE OF THE PRINCIPAL SOURCES OF
DAMAGE
By the overflow of lands on the Sacramento
river is from the erosion of the bank nearly
opposite the mouth of the American river
and the break in the levee at that point.
Thstthe more immediate cause of this erosion
and break was the change in the course of
the American river, which manifestly would
have produced the break and much conse-
quent damage although all mining operations
had been suspended.
That during the highest stages of the water
OF the Sacramento the channel of said river
is insufficient. and even il it had not been
| filed up would have been insufficient, to carry
one half of the volume of water sent down
by its various continents and at such times
would break the present levees, even though
no mining were carried on.
| Still the mining debris does increase and
aggrsvate all these evils, and renders the
problem of controlling the streams and the
protection of the valleys more difficult and
expensive, and causes more land to be injured
and the free enjoyment thereof to be inter-
Tered with than would have been interfered
with or injured but for such mining debris.
SEVENTH.
That defendant is, and since August, 1870.
has been, corporation under the laws of the
State OF California, for the purpose of min.