Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1882-06-21
TIE RRcoRn.un1os,s POSITION.
Extracts from Leading Editorials OF the
Record-Union in the Year 1881 on the
Debris Question.

Debris Question.
The following quotations from editofi ais of
the RECORD. UNION, which have appeared from
time to time, touching the debris controversy
during the year 1881, clearly establish
consensus of opinion between the facts as
found by Judge Temple and the position
taken by this paper. The labor of this com.
pilation has been found to be very consider
able, since it involved the examination Of
over one hundred editorial articles upon this
subject. The editorials in the year 1882
but few months of which have elapsed-are
assumed to be fresh in the minds of our
readers.
We now challenge the production of any
editorial expression of this paper not in strict
accordance with the findings of law and fact
aud the decree as rendered by Judge Temple
in his recent decision of the Gold Run case.
We introduce the quotations with two of
comparatively recent date, out of their order
to the italicized portions OF which especial
attention is directed. Following these tive
we quote from the recent decision of Judge
Temple, 50 that the comparison will be i'm.
mediate.
From the Record Union Of September 8, 1881.
In leading editorial printed September
6, 1881, the RECORD UNION pronounced as
| follows:
THAT hydraulic mining is destructive
| agency is nowhere denied. That if remedial
measures can be devised whereby hydraulic
mining can be continued without completing
the ruin of valley lands, farms and cities,
now so nearly wrought. such measures should
be applied. II no such measures can be de-
uiSed, then, in natural justice, hydraulic min
ing should cease, unless those directly i.7oftede
| By such operation shall prerent at their oWn
cost, all injury to pirate property and all
damage to the narigable 'caterS Of the State"
! IJuly 20. 1ssll
"At present the hydraulic miners are
evincing disposition to build dams on their
own account. so as to prevent the tai.ings
from their mines entering the rivers"
THE farmers have PROFESSIONALLY had
! great cause of aggravatior. They are
entitled to full protection against the
how of debris, and they have a per-
feet right to insist that nothing less
than this full protection shall be accorded
them. But it remains true that If IL can be
made erideRt that such protection, is compatible
nth the continued scorking Of the mines, and i
i. can be Sho,cn that the adoption Of rel ma.
tured engineering plans aciU afford them his
protection, then ought to rest content 9th the
rescue and Salratioa o. their lands, and they
ought not to demand the destruction Of the
mining interest IN addition"
From the decree Of Judge Temple of June r. 1882
THAT said defendant. and all the officers,
superintendents, foremen, agents and eI-
ployes thereof, be perpetually enioined and
restrained from discharging or dumping into
the North Fork of the American river, or
into any stream tributary thereto, and especi.
ally into Canyon creek, any powders, cobble-
stones, gravel or sand from the mines; also
from causing any such material to flow or to
be washed into said river from It's said mines
or tracts of mineral land.
4" Subject, nerertheleSS, to this, that said de-
PENDANTS may at any time, as it shall be ad-
vised, apply to this Court to have this decree
and restraining order modified or vacated and
| set aside. Aud whenever upon such showing
il shall appear tadt efficient means hare been
prorided to impound, detaia and hold back
such taRings at any point on said american
rirer ADORE alder creek, and that such means
are sufficient to detain all boaclders, eobble-
stones, grdrel and the kedrier sand, then said
defendant shall be entitled to hare said decree
rdcated and set aside"
january $, ISL
"If hydraulic mining was stopped to-mor-
row the danger would not be averted."
IF hydraulic mining was stopped, and
nothing else was done, all this debris would
in time be washed down, with the results in
Dictated. 1t is therefore evident that the
| stoppage of mining cannot be regarded as q
possible solution of the question. but that it
is absolutely necessary to proceed with reme-
dial works under any circumstances, unless it
is thought desirable that the Sacramento
valley should be abandoned"
january Is, lss1.l
Property to the value of Sc, 600, 600 has
been destroyed by the debris from the ny
draulic mines. Property to the value of
$50, 600 600 is menaced with entire des.ruc-
ton unless the flow of debris is stopped"
january II, 1911
Had the farmers been left to themselves
they might very possibly have secured in
functions in the Courts against the hydraulic
| miners in which event the working Of the
mines would have been suspended
again, if the hydraulic mines are stopped,
who is to bear the expense of preventing the
downfiow of the sand with which the mount.
ain canyons are now .tlleds Would the
journals which oppose the present method for
raising the revenue for these purposes put
the entire burden upon the owners Of the
valley lands whose property is threatened
them pay for the laches of the miners"
February l, 1ssLI
1.-The brush dams have done just what they
were expected and intended to do, that is to
say, they have held back the heavier debris
in large quantities"
February 4, 1sSI-I
"The hydraulic mines are but an insignifi.
cant factor in the situation"
" TT the hydraulic mines were abandoned
tomorrow it would still be necessary to carry
out the works which have been planned"
February s, 1ssl.l
"This is State question: if ever there was
one. Half California is interested in it. San
Francisco is concerned as deeply as any part
of the community, though her press has not
the sense to see it. The wealth that has been
taken from the hydraulic mines has been ex-
pended there. If the Sacramento valley goes,
however, the harbor of San Francisco will go
too. It will not take many years to destroy
the nsvigability of the Sacramento river at
the present rate Of progress, and when this is
done, the boosted commerce of San Francisco
will speedily vanish. The people Of the
Sacramento valley are making this contest in
the interests of the whole Stats far more
than their own"
"Our farmers hare equities arlich the Courts
icW assurediy recognize, and there is no doubt
that they can recorer as against the miners if
| litigation is resorted to ?"
February TO- 1881
I'VE have no further interest in the ques-
ton than In dreis CT thousands of citizens.
1t will be as easy for us to leave the Sacrs-
mento valley, as for any residents of it, if the
worst comes to the worst"
We stand to-day for no personal or see-
tional consideration whatever. bnt for the
best and highest interests of the entire COM
munity."
february II, 1881
8. In The first place it must be realized that
the stoppsge Of hydraulic mining will not
save the Sacramento valley. We will not say
that il may not hereafter become necessary
to stop it, but in considering the problem &C.
tually before us, it need not be taken into
account"
February IA, 1Ss1l
"When the farmers of Bsar river appealed
to the Courts for protection against the flow
of debris from the hydraulic mines, the
RECORD UNION took the position that the
miners ought to be compelled to make such
disposition of their debris as would prevent
the injury of the lands below. We then dem
onstrated the applicability Of the legal prin.
cipls that it is incumbent upon every man so
to use his property as not to ipjure others.
From an abstract standpoint we believed
6ucu, Auu still beueFt, tHaG tulS pOsitlOn ID
impregnable." Here fellows recitation of
the close connection between the business in
terests of Sacramento and the prosperity of
the mining counties. and that the situation
was not simple one and that it was advisa-
BILE to seek compromise
"To demand the stoppage of hydraulic
mining would be to reverse the policy which
this community adopted at the outset of the
agitation, and to admit that the original atti-
tude CT the RECORD. UNION was, after all, the
right one."
1T would be impossible to obtain more
than ten votes in the Senate looking to inter
ference of any kind with hydraulic mining"
Senator Sears cited as authority for the
statement.
"Whenever hydraulic mining can be
stopped without injury to Sacramento, and
without prejudice to the remedial measures,
the carrying out of which is necessary,
whether it is or is not stopped, the RECORD
JTrIoN will he found in favor of such n |