Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1882-07-27
THE ARTICLES OF AGREEMENT.

at the Miners Convention at Nevada City
on the 22d, articles of agreement for dam
building association were submitted. These
were referred to committee for revision.
That committee has reformed the articles,
ana has presented them to the miners for
their signatures. The articles read az fol.
lows:
Wherear, by the operations Of miners upon
the watershed Of the Xuba river and its
tributaries, tailings, detritus and debris have
been deposited in the Yuba river and its
tributaries and whereas, in consequence Of
such deposit litigation has been instituted by
parties resident OF the valleys below and sd-
iacent to the said Yuba river, claiming to be
injured by the deposits aforesaid, against the
miners and mining companies engaged in
mining and extracting gold upon said river
and in the region Of country drained thereby,
and seeking to enjoin such miners from de-
posting tailings aud debris in said river and ito
tributaries ard whereas, mining operations
cannot be carried on upon said watershed
without such deposit and whereas the min
ers are DESTROYS Of obvisting the evil com
planned Of, and of removing all just cause Of
complaint and Of giving no reasonable pre-
text for further litigation and whereas, it
has been decided to build dam or dams, or
ton OF such dan or dams as may be under
taken and constructed by the Government Of
the United States, OF under its direction, or
by its officers, in and upon the Yuba river
aforesaid, for the purpose Of impounding the
tailings and debris now in said Yuba river, as
well as that which may hereafter be depos-
tied or find its way thereto and therein; and
whereas, the undersigned are all interested in
mining, and in having mining operations con-
-, Aotl "A
debris impounded.
Now, therefore, IN consideration OF the
premises, and in further consideration Of the
sum of one dollar 70 esch OF US il hand paid,
the receipt whereof Is hereby Acknowledged,
we, the undersigne /. do covenant, agree and
bind ourselves, each TO the others, and to and
with the Trustees hereinafter named. that
we will severally, within one year from the
date hereof, and at such times, and IN such
proportions as the Trustees hereinafter
named shall require. pay 10 said Trustees in
gold coin Of the United States, the several
sums Of money set opposite our several names,
TO be by them, the said Trustees, used in
such manner as they or a majority Of them
shall deem best in the construction of dam
or dams, or in aid of the construction of
dam or dams, in the Yuba river for impound-
ing mining debris.
And we hereby designate, nominate and
appoint - --- -- as our Trustees
under this agreement, and hereby authorize
and empower our said Trustees to ask for, de-
mand, receive and recover from US and each
of Us, at such times and in such proportions
as to them may seem proper, the several sums
of money By us subscribed, and to use, ex-
pend and pay out the moneys so collected in
the construction OF, or in aid Of the construc-
ton Of a dam or dams, in the Yubs river
aforesaid, for impounding mining debris.
And herehy thpriza and annn0uyor 0ur
said Trustees to maintain and defend actions
at law, to take and hold by gift, location or
purchase such land, premises aud property as
may be necessary or proper TO carry out the
objects Of this agreement, and we hereby con-
fer upon them such other and further power
and authority in the premises as may be nee
essary to the accomplishment of the objects
OF this agreement.
a majority Of our Trustees hereinbefore
named, or of their successors. that is to say
four OF them, shall have full power and
authority to act and do all things herein pro-
vided for, and in case of any vacancy OF va
canies from death, resignation or other cause,
the msioIity Of those remaining shall have
the power to I'll the vacancy or vacancies SO
existing.
If practicabls so to do, we hereby recon-
mend our Trustees to place the money by
them collected, in the hands Of the Govern
ment of the United States or Of its officers,
for disbursement in the construction OF the
dam or dams contemplated by this agree
ment
It is understood and expected that all the
money subscribed hereto viii be needed, and
viii be collected within one year from the
data hereof
It is further understood and agreed, and
byEaccepting this trust our Trustees agree aud
bini themselves, that st the end of eighteen
,ncnfta finn he date fho-oof nd oil
moneys in their hands not expended shall be
returned by them TO the various subscribers
in the ratio or proportion of the amount SO
remaining to the amount contributed by each
subscriber and any snd all real property &C
quired by said Trustees in the execution of
their trust shall ct the same time. that Is to
say, eighteen months from the date hereof,
be conveyed to the various parties subscrib-
ing hereto, in the ratio or proportion of the
several amounts contributed by them sever
ally, unless further subscriptions shall be
placed in the haLds of said Trustees for dig
bursement, in which event they will retain
in their hands all money and property until
the objects of this trust are fully carried out
and accomplished.
Nothing herein contained shall be con-
strued or taken ss authorizing our Trustees
to bind US in any manner or matter beyond
the amounts by us severally contributed.
It is further understood and agreed that no
subscription hereto shall be binding unless
the total amount subscribed by responsible
parties shall be in excess OF one hundred thou.
sand dollsrs.
1t is further understood and agreed that the
seven Trustees herein provided for shall exc
cute their duties without compensation.
In witness whereof, the several corporations
whose names are hereto attached have exc
cuted this agreement by their proper officers
thereunto duly authorized, and have set op-
posite the amounts by them severally SUBJ
scribed, and for which they become liable.
And the several individuals executing this
agreement have set their names, with the
amounts by them severally subscribed set
opposite.